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02-06-2013 City Council Agenda Packet
af��� FIFO'% AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL FEBRUARY 6, 2013 SPECIAL MEETING — 5:00 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:00 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 31, 2013) 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 —5:00 P.M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8): Property described as: Assessor's Parcel No. 389- 29 -07. Agency Negotiator /s: Dave Anderson, City Manager and John Cherbone, Public Works Director, and Richard Taylor, City Attorney Negotiating parties: City of Saratoga and David & Susan Carter Under negotiation: Price and terms of payment. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(a)) Name of case: Lee v. City of Saratoga (Santa Clara County Superior Court Case No. 1-12 - CV - 225772) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(a)) Name of case: Clark v. City of Saratoga (Santa Clara County Superior Court Case No. 1- 13-CV - 239271) CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with Saratoga Ministerial Association 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.sarato ag 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: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on January 31, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 31St day of January 2013 at Saratoga, California. Crystal Bothelio City Clerk 4 Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 9 Attachment A: Minutes for January 16, 2013 Special and Regular Meeting . . . . . . . . . . . . . . . . . . . . . 11 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 19 1/15/2013 Check Register . . . . . . . . . . . . . . . . . . . 21 1/22/2013 Check Register . . . . . . . . . . . . . . . . . . . 26 1/29/2013 Check Register . . . . . . . . . . . . . . . . . . . 29 Treasurer's Report for the Month Ended December 31, 2012 Treasurer's Report for the Month Ended December 31, 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Miscellaneous Plan Employer Side Fund Elimination Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 39 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 41 CalPERS Payoff Letter . . . . . . . . . . . . . . . . . . . 43 Approval of Sport User Agreements - 2013 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. Sports User Agreements . . . . . . . . . . . . . . . . . 49 Agreement for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 152 1. Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 154 Renewal of Heritage Orchard Maintenance Contract Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 161 Maintenance Service Contract . . . . . . . . . . . . . . . . 163 Amendment to Contract for Ground Movement Potential Mapping Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 190 Attachment A: Amended Contract . . . . . . . . . . . . . . . 192 ZOAl2 -0011 — City Initiated Amendments to Article 15 -06 (Market Definition) and Section 15- 19.020 of the City Code Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 233 Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Approval of Village Streetscape Improvements Phase 2 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 238 Provide Direction on the Planning Commission's Review of Heights Limits in the C -V and C -N Zoning Districts Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 240 Gateway Guidelines . . . . . . . . . . . . . . . . . . . . . . 242 Provide Direction on Appealing the 2014 -2022 Regional Housing Need Allocation Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 259 1 Attachment A - Appeal Template . . . . . . . . . . . . . . . . 262 Attachment B - RHNA Factor Survey . . . . . . . . . . . . . . 263 Attachment C - Revision Request & Comment Ltrs . . . . . . . 267 Attachment D - RHNA Methodology & Allocation . . . . . . . . 276 Attachment E - HCD Determination . . . . . . . . . . . . . . 286 FY 2012/13 Mid -Year Budget Status Report and Budget Adjustment Resolution Mid -Year Budget Report . . . . . . . . . . . . . . . . . . . 294 2 f� 4 t/,n_V A e n � k� �1 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, FEBRUARY 06, 2013 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER /COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 31, 2013.) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None 3 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular Meeting on January 16, 2013. 2. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 1/15/2013 1/22/2013 1/29/2013 3. Treasurer's Report for the Month Ended December 31, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended December 31, 2012. 4. Miscellaneous Plan Employer Side Fund Elimination Recommended action: Review report and authorize a lump -sum payment to the California Public Employees Retirement System (CalPERS) for the remaining balance due on the City's Miscellaneous Plan Employer Side Fund. 5. Approval of Sport User Agreements - 2013 Recommended action: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, Saratoga Pony League, and Los Altos -Mt. View Pony League for the use of Saratoga City parks and Prospect High School for organized sport use, and authorize the City Manager to execute the same. 6. Agreement for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek Recommended action: Approve the Cooperative Agreement between the City of Saratoga and the Santa Clara Valley Water District for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek downstream of Wardell Road and authorize the City Manager to execute the same. 9 7. Renewal of Heritage Orchard Maintenance Contract Recommended action: Approve a five -year service contract with Matthew Novakovich for landscape maintenance of the Heritage Orchard in the amount of $98,320 per year and authorize City Manager to execute the same. 8. Amendment to Contract for Ground Movement Potential Mapping Recommended action: Approve an amendment to an existing contract with Cotton, Shires and Associates, Inc. for additional mapping work in the amount of $17,000. 9. ZOAl2 -0011 — City Initiated Amendments to Article 15 -06 (Market Definition) and Section 15- 19.020 of the City Code Recommended action: Waive the second reading and adopt the ordinance amending the City Code to define market and establish when a market can be permitted or conditional use. PUBLIC HEARINGS None OLD BUSINESS 10. Approval of Village Streetscape Improvements Phase 2 Recommended action: Approve design elements connected to the Village Streetscape Improvements Project — Phase 2. NEW BUSINESS 11. Provide Direction on the Planning Commission's Review of Heights Limits in the C- V and C -N Zoning Districts Recommended action: Provide direction on the scope of review. 12. Provide Direction on Appealing the 2014 -2022 Regional Housing Need Allocation Recommended action: Authorize the Mayor to sign the appeal request and direct staff to submit it to ABAG. 13. FY 2012/13 Mid -Year Budget Status Report and Budget Adjustment Resolution Recommended action: Review the FY 2012/13 budget status report and proposed budget adjustments, and adopt resolution approving the City's FY 2012/13 mid -year operating budget amendments. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Historical Foundation 5 KSAR Community Access TV Board Village Ad Hoc West Valley Mayors and Managers Association Vice Mayor Emily Lo Hakone Foundation Board Let's Move City Ad Hoc Library Joint Powers Authority Santa Clara Valley Water District Commission Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council SASCC TEA Ad Hoc Council Member Chuck Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Sister City Liaison TEA Ad Hoc West Valley Sanitation District CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 0 In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on January 31, 2013, 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 31" day of January 2013 at Saratoga, California. Crystal Bothelio, City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 02/06 02/20 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 Regular Meeting — Joint Meeting with Saratoga Ministerial Association Regular Meeting — Joint Meeting with Planning Commission 03/06 Regular Meeting — Joint Meeting with Chamber of Commerce / Destination Saratoga 03/20 Regular Meeting — Joint Meeting with County Fire 04/03 Regular Meeting — Joint Meeting with Sheriff Office 04/17 Regular Meeting — Joint Meeting with Montalvo Arts 05101 Regular Meeting — Joint Meeting with Youth Commission 05115 Regular Meeting — Joint Meeting with Mountain Winery 06/05 Regular Meeting — Joint Meeting with Hakone Foundation 06/19 Regular Meeting — Joint Meeting with Saratoga/Monte Sereno Foundation 07/03 Regular Meeting — Civic Theater Master Plan Study Session 07/17 RECESS 08/07 RECESS 08/21 Regular Meeting — Joint Meeting with SACSS 09/04 Regular Meeting — Joint Meeting with Parks and Rec /PEBTAC 09/18 Regular Meeting — Joint Meeting with West Valley Board of Trustees 10/02 Regular Meeting — 5:30 p.m. Joint Meeting with Saratoga School Districts 10/16 Regular Meeting — Joint Meeting with Traffic Safety Commission 11/06 Regular Meeting — Joint Meeting with Library Commission and Friends of the Library 11/20 Regular Meeting — Joint Meeting TBD 12/04 Regular Meeting — Joint Meeting with Assembly Member Paul Fong and Jim Beall 12/18 Regular Meeting — Joint Meeting TBD 0 SARATOGA CITY COUNCIL �LrFOxz�. MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve City Council minutes for the Special and Regular Meeting on January 16, 2013. BACKGROUND: The draft minutes for the Special and Regular Meeting on January 16, 2013 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Page 1 of 2 D Attachment A: Minutes for January 16, 2013 Special and Regular Meeting Page 2 of 2 10 MINUTES JANUARY 16, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING The Saratoga City Council called a Joint Meeting with the Saratoga Heritage Preservation Commission and Saratoga Historical Foundation to order at 6:00 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Kate Bear, City Arborist Mainini Cabute, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 11, 2013. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aaendized Items Paul Hernandez spoke about a traffic concern in the Village near Blaney Plaza on Wednesday afternoons when the Village Marketplace occurs. Maureen Jones addressed the Council about fluoridation of local water supplies and encouraged the City Council to lobby the Santa Clara Valley Water District, State Legislators, and San Jose Water regarding water fluoridation. Santa Clara Valley Water District Board Member Nai Hsueh provided an update on recent Santa Clara Valley Water District activity. Oral Communications - Council Direction to Staff None 11 Communications from Boards and Commissions Paula Cappello, Heritage Preservation Commissioner, provided an overview of the Council's Joint Meeting with the Heritage Preservation Commission, including plans to increase public outreach and education efforts. Mayor Hunter shared that Warren Heid had resigned from the Heritage Preservation Commission and advised the members of the Commission that the City would be conducting a recruitment to fill the vacant position on the Commission. Annette Stranksy with the Saratoga Historical Foundation thanked the City Council for holding a Joint Meeting with the Heritage Preservation Commission and Saratoga Historical Foundation then shared information about upcoming Saratoga Historical Foundation events. Information about these events is available online at www.sarato ahg istory.com. ANNOUNCEMENTS Council Member Page shared that he would like the City Council Joint Meetings with the Hakone Foundation to include the Saratoga Sister City group, as the two organizations share common interests. Vice Mayor Lo announced the upcoming Community Emergency Response Team (CERT) academy for West Valley residents starting January 29, 2013 in Campbell. Mayor Hunter shared information about Saratoga Love Notes in the Village. CEREMONIAL ITEMS Commendation Honoring the Saratoga Historical Museum Recommended action: Present commendation to Saratoga Historical Museum and Linda Hagelin, Education Program Director for the Museum. Mayor Hunter read and presented the commendation to Saratoga Historical Museum and Linda Hagelin, Education Program Director for the Museum. 2. Commendation Proclaiming January 2013 as National Blood Donor Month Recommended action: Present commendation to representative of American Red Cross declaring January 2013 as National Blood Donor Month in the City of Saratoga. Mayor Hunter read and presented the proclamation to a representative of the American Red Cross. SPECIAL PRESENTATIONS 3. Presentation on State Route 85 Express Lane Project Recommended action: Receive presentation from Santa Clara Valley Transportation Authority (VTA) representatives on the State Route 85 Express Lane Project. 2 12 Scott Haywood from VTA gave a presentation to the City Council on the State Route 85 Express Lane Project. Mayor Hunter invited public comment on the item. No one requested to speak. CONSENT CALENDAR 4. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Regular Meeting on December 19, 2012. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE REGULAR MEETING ON DECEMBER 19, 2012. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 12/18/2012 1/9/2013 PAGE /MILLER MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/18/2012 AND 1/9/2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6. Resolution Authorizing Final Disposition of Certain City Records Recommended action: Adopt resolution authorizing final disposition of certain city records. RESOLUTION NO. 13 -001 PAGE /MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 7. Resolution Authorizing the Filing of a Grant Application to Inventory City Maintained Trees at Hakone Gardens Recommended action: Adopt the resolution authorizing the City of Saratoga to file a grant application with Cal Fire to inventory the City maintained trees at Hakone Gardens. RESOLUTION NO. 13 -002 13 PAGE /MILLER MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CITY OF SARATOGA TO FILE A GRANT APPLICATION WITH CAL FIRE TO INVENTORY THE CITY MAINTAINED TREES AT HAKONE GARDENS. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARING 8. ZOAl2 -0011 — City Initiated Amendments to Article 15 -06 (Market Definition) and Section 15- 19.020(b)(2) of the City Code Recommended action: Conduct a public hearing. Introduce and waive the first reading of the ordinance adding Section 15- 06.441 (market definition) and modifying Section 15- 19.020(b)(2) (removing the word delicatessens). Community Development Director James Lindsay presented the staff report. Mayor Hunter invited Planning Commission Chair Tina Walia to speak. Planning Commission Chair Tina Walia spoke about the Planning Commission's recommendation. Mayor Hunter invited public comments on the item. The following person spoke: Art Brewer No one else requested to speak on this item. PAGE /CAPPELLO MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADDING SECTION 15- 06.441 (MARKET DEFINITION), CLASSIFYING MARKETS AS PERMITTED USES WHEN FOOD AND DRINK SALES TAKE UP LESS THAN OR EQUAL TO 25% OF TOTAL FLOOR AREA AND LESS THAN 2,000 SQUARE FEET, AND CLASSIFYING MARKETS AS CONDITIONAL USES WHEN FOOD AND DRINK SALES TAKE UP MORE THAN 25% OF TOTAL FLOOR AREA OR MORE THAN 2,000 SQUARE FEET. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 9. 2013 Hazardous Vegetation Program Resolution Declaring Abatement of Public Nuisance Recommended action: Conduct public hearing and adopt resolution. City Clerk Crystal Bothelio presented the staff report. Moe Kumre, Weed Abatement Coordinator with Santa Clara County, answered Council questions about the weed abatement program. Mayor Hunter invited public comment on the item. 2 14 No one requested to speak. RESOLUTION NO. 13 -003 MILLER/PAGE MOVED TO CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. OLD BUSINESS None NEW BUSINESS 10. Receive Direction on Changes to the Tree Regulations to Facilitate the Removal of Dead and Fallen Trees Recommended action: Direct staff to include changes to Section 15 -50 (Tree Regulations) in the package of 2013 City Code updates to create a no -fee permit process for dead and fallen trees and eliminate the need for notification for removal of such trees. City Arborist Kate Bear presented the staff report. Mayor Hunter invited public comment on the item. The following people requested to speak: Art Brewer Frank Dutro No one else requested to speak. Miller/Page moved to direct staff to return to Council with a revision to Section 15 -50 (Tree Regulations) of the City Code containing the following changes: - Eliminate fees, permit requirements, and noticing requirements for removal of fallen trees; and - Refund tree removal permit fees for trees that are confirmed to be dead by the City Arborist following inspection. Vice Mayor Lo requested a friendly amendment to the motion and asked that permits be required for removal of fallen trees. Council Member Miller and Page accepted the friendly amendment. MILLER/PAGE MOVED TO DIRECT STAFF TO RETURN TO COUNCIL WITH A REVISION TO SECTION 15 -50 (TREE REGULATIONS) OF THE CITY CODE CONTAINING THE FOLLOWING CHANGES: - ELIMINATE FEES AND NOTICING REOUIREMENTS FOR REMOVAL OF FALLEN TREES; AND 5 15 - REFUND TREE REMOVAL PERMIT FEES FOR TREES THAT ARE CONFIRMED TO BE DEAD BY THE CITY ARBORIST FOLLOWING INSPECTION. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 11. Spring 2013 Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. Mainini Cabute, Administrative Analyst II in the City Manager's Office, presented the staff report. Vice Mayor Lo suggested that the next issue of the Saratogan include photos of heritage structures in the City and some information about the Mills Act. Mayor Hunter proposed including photos of properties that have recently been declared as heritage properties or that have been approved by the Council for a Mills Act agreement in the next issue. Council Member Page agreed that it would be nice to include photos of heritage homes in the newsletter, but raised concerns about advertising the Mills Act program in the City. Council Member Page also recommended including an article on the Sister City Group. Mayor Hunter suggested including an article on Vince Garrod in the newsletter. Council Member Cappello proposed an article on residents who participate in Saratoga Area Senior Coordinating Council (SASCC) programs and their recollections of Saratoga history and how the City has changed. Council Member Miller advised that the newsletter should be focused on City news and information. Vice Mayor Lo asked that the Saratoga History Museum be included in the newsletter. Mayor Hunter added that Arbor Day is scheduled for April and will be held at the Saratoga Library. She asked that information about the event be included in the newsletter. 12.2013 City Council Summer Recess Recommended action: Accept report and provide staff with direction regarding the 2013 City Council Summer Recess. City Clerk Crystal Bothelio provided the staff report on the item. Mayor Hunter invited public comment on the item. No one requested to speak. Co 16 CAPPELLO /MILLER MOVED TO CANCEL THE JULY 17, 2013 AND AUGUST 7, 2013 CITY COUNCIL MEETINGS. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter KSAR Community Access TV Board — during the last KSAR meeting, the Board discussed funds that will be used to purchase new equipment. West Valley Mayors and Managers Association — the next meeting will be January 17, 2013. Vice Mayor Emily Lo Library Joint Powers Authority — the next meeting is scheduled for the week of January 21, 2013. Santa Clara Valley Water District Commission — there is a meeting of the Commission scheduled for the week of January 21, 2013. Santa Clara Valley Water District Board Member Nai Hsueh was selected as the Chair of the Board of Directors. Village Ad Hoc — the Village Ad Hoc declined a Village Fagade Improvement Program application, because the property was not visible from Big Basin Way. Council Member Howard Miller Council Finance Committee — the Finance Commitee will be meeting on January 17, 2013. Valley Transportation Authority PAC — the next meeting is January 17, 2013. West Valley Solid Waste Management Joint Powers Authority — the Board recently formed two Ad Hoc Committees. One is working on hauler negotiations and the other is overseeing the executive director recruitment. The two Ad Hoc Committees will be reporting on the status of the hauler negotiations and executive director recruitment at the February Authority Meeting. Council Member Manny Cappello Chamber of Commerce — the Chamber is launching a young entrepreneur's academy for high school students. The sessions will be held once per week over a period of 30 weeks. The academy is part of program launched nationwide by the U.S. Chamber of Commerce. Students will be asked to develop a business concept and then pitch the proposal to judges. Winners of the competition will then participate in a national competition with the potential to win a college scholarship. The program is expected to launch in November. TEA Ad Hoc — the Ad Hoc participated in a conference call on January 16, 2013 to discuss a strategy for the year ahead. Council Member Chuck Page Santa Clara County Cities Association — Carl Guardino gave a presentation on a new recognition program called, From Red Tape to Red Carpet. The program is intended to recognize local governments that have implemented programs and policies that have strengthened local business climates and created jobs. Santa Clara County Cities Association Selection Committee — the Selection Committee made several appointments, including Don Gage's appointment to fill the Mayor's seat 7 17 on the Cal -ID Board. Appointments were also made to the Interoperability Authority and Council on Aging. Applicants are needed for a position on the Bay Area Air Quality Management District Board of Directors. Sister City Liaison — the last meeting included some discussion of the relationship between the Sister City group and Hakone Gardens. West Valley Sanitation District — there was no meeting last week, but there is a meeting scheduled for the week of January 21, 2013. CITY COUNCIL ITEMS Council Member Page asked that Mayor Hunter support his interest in becoming the alternate for Joe Pirzynski on the Santa Clara County VTA Board of Directors. Council Member Page asked to schedule Council discussion on the tree bonding process, including alternatives to tree bonds and practices of other cities, for a future meeting. Council Member Miller support Council Member Page's request and added that he would like the report to include information about what other cities do, possible options for large developments, and alternatives for small construction and remodel projects that might currently require tree bonds. Mayor Hunter shared that she joined Mayors Against Illegal Guns and asked if there was interest in scheduling a resolution in support for Senator Feinstein's Assault Weapons Ban. Council Member Page asked that any commitments or obligations on the part of the City resulting from the Mayor's participation in Mayors Against Illegal Guns be brought before the Council for approval. CITY MANAGER'S REPORT None ADJOURNMENT MILLER/PAGE MOVED TO ADJOURN THE MEETING AT 10:32 P.M. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk N. im MEETING DATE DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL February 6, 2013 Finance & Administrative Services Gina Fitch SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 1/15/2013 1/22/2013 1/29/2013 REPORT SUMMARY: AGENDA ITEM: CITY MANAGER: DEPT. DIRECTOR: Dave Anderson Mary Furey Attached are Check Registers tor: Type of Checks Date Starting Check # Ending Check # Total Checks Amount Checks Released Prior Check Register Date Ending Check # Accounts Payable 1/15/13 121974 122008 35 163,836.35 01/15/13 1/9/13 121973 Accounts Payable 1/22/13 1 122009 1 122044 1 36 1 440,514.23 01/22/13 1 /15/13 122008 Accounts Payable 1/29/13 1 122045 1 122080 1 36 1 97,192.19 01/29/13 1 1/22/13 1 122044 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 01/15/13 122006 West Valley Sanitation Dist. General Non - Depart. Clean Water 94,621.50 01/22/13 122025 Office of the Sheriff General PS Law Enforcement 346,177.83 01/22/13 122033 Registrar of Voters General Non - Depart. Council Election 32,534.00 01/22/13 122037 Shute, Mihaly & Weinberger General Non- Depart. Legal Services 27,075.88 01/29/13 122047 JABAG Worker's Comp Non - Depart. ilnsurance 38,772.35 01/29/13 122072 1 RBF Consulting CIP IPW I Contractor Update 25,769.50 Accounts Payable checks voided during this time period: AP Date I Check # Issued to Reason I Status Amount 01/22/13 1 121980 jDale & Evelyn Parsley I Correct Name on check Re- issued 140.00 19 Cash reductions by fund: Fund # Fund Description 01/15/13 01/22/13 01/29/13 Total 111 General Fund 130,413.30 418,155.07 15,377.01 563,945.38 231 Village Lighting 3,263.28 23.00 3,286.28 232 Azule Lighting 239.69 239.69 233 Sarahills Lighting 252.06 252.06 241 Arroyo de Saratoga Landscape 68.00 68.00 242 Bonnet Way Landscape 85.00 85.00 243 Carnelian Glen 36.17 68.00 104.17 244 Cunningham/Glasgow Landscape 46.86 135.00 181.86 245 Fredericksburg Landscape 102.00 102.00 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape 89.35 270.00 359.35 248 Leutar Court Landscape 75.00 75.00 249 Manor Drive Landscape 60.47 60.47 251 McCartysville Landscape 20.38 20.38 252 Prides Crossing Landscape 28.30 405.00 433.30 253 Saratoga Legends Landscape 301.63 165.00 466.63 254 Sunland Park Landscape 123.60 123.60 255 Tricia Woods Landscape 23.80 34.00 57.80 271 Beauchamps Landscape 166.37 68.00 234.37 272 Bellgrove Landscape 415.61 415.61 273 Gateway Landscape 102.00 102.00 274 Horseshoe Landscape /Lighting 94.60 94.60 275 Quito Lighting 1,359.16 1,359.16 276 Tollgate LLD 80.00 80.00 277 Village Commercial Landscape 987.77 1,312.98 16.17 2,316.92 278 Brookglen L &L - 311 Library GO Bond Debt Service 925.00 925.00 411 CIP Street Projects 3,631.59 7,484.32 211.59 11,327.50 412 CIP Park & Trail Projects - 413 CIP Facility Projects - 414 CIP Admin Projects 5,000.00 5,000.00 421 Tree Fund - 431 Grant Fund - CIP Streets 3,398.47 3,398.47 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects 37,260.95 37,260.95 481 Gas Tax Fund - 611 Liability /Risk Mgt 395.00 395.00 612 Workers' Comp 783.04 38,772.35 39,555.39 621 Office Support 129.29 129.29 622 IT Services 1,301.90 5,871.50 39.47 7,212.87 623 Vehicle & Equipment Maint 2,561.98 702.46 2,635.35 5,899.79 624 Building Maintenance 5,339.90 2,838.55 1,320.01 9,498.46 631 Vehicle & Equipment Replacement 459.87 287.93 747.80 632 IT Equipment Replacement 5,728.62 5,728.62 TOTAL 163,836.35 440,514.23 97,192.19 701,542.77 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and 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: Check Registers in the 'A/P Checks By Period and Year' report format 20 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 01/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 16:47:52 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130115 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 11111 121974 01/15/13 234 TOTAL CHECK INC. 1114101 11111 121975 01/15/13 521 11111 121976 01/15/13 1122 11111 121977 01/15/13 229 11111 121978 01/15/13 909 11111 121978 01/15/13 909 TOTAL CHECK 0.00 -22.40 11111 121979 01/15/13 1060 11111 121980 01/15/13 500 11111 121981 01/15/13 274 11111 121982 01/15/13 423 11111 121983 01/15/13 454 11111 121984 01/15/13 742 11111 121984 01/15/13 742 TOTAL CHECK 11111 121985 01/15/13 929 11111 121986 01/15/13 79 11111 121987 01/15/13 110 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 11111 121988 01/15/13 145 TOTAL CHECK VENDOR - - -- --- - - - - -- BUDGET UNIT • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 1115301 • T & T 1115301 • T & T 1115301 ALLIED LOCK & SAFE INC 6246202 CALI INVESTMENTS 4149452 -001 COAST OIL COMPANY LLC 6235202 COMPUCOM SYSTEMS INC 6323202 COMPUCOM SYSTEMS INC 1116201 CSG CONSULTANTS INC. 1114201 DALE AND EVELYN PARSLEY 111 DFM ASSOC 1114101 1112201 FEHR & PEERS INC. 1115101 GACHINA LANDSCAPE MANAGE 4119111 -001 GIULIANI & KULL, INC 111 GIULIANI & KULL, INC 111 KOPPEL & GRUBER PUBLIC F 1115101 MUNISERVICES LLC 1118101 NBS -GOVT FINANCE GROUP 3118601 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114201 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 21 DESCRIPTION EMERG LINE RECREATION EMERG LINE CM OFFICE BOOK -GO -ROUND ALARM EMERG LN CM OFFICE POSTAGE MACH CP PM AM RADIO SARATOGA LN GATEWAY IRRIG MODEM PHONE LINES & PARKS CONGRESS SPRINGS FACILITIES SUPPLIES FACADE IMPROV AWARD UNLEADED FUEL ADOBE ACROBAT ADOBE ACROBAT ASSIST W BLD INSPECT ARB09 -0030 2013 ELECTION CODE CITY TRAFFIC ENGINEERS SHOULDER WORK CTY SURVYR SUB11 -0002 CTY SURVYR LLA12 -0001 ANNUAL ADMIN DUES LLA BL SRVCS THRU 12/31 REPORTING SERVICES RETURN OFC SUPPLIES OFFICE SUPPLIES RETURN OFC SUPPLIES RETURN OFC SUPPLIES RETURN OFC SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES RETURN OFC SUPPLIES RETURN OFC SUPPLIES RETURN OFC SUPPLIES SALES TAX AMOUNT 0.00 14.77 0.00 63.84 0.00 30.81 0.00 16.03 0.00 14.77 0.00 16.03 0.00 15.71 0.00 16.55 0.00 31.80 0.00 220.31 0.00 17.50 0.00 5,000.00 0.00 2,331.17 0.00 2,700.00 0.00 1,115.00 0.00 3,815.00 0.00 6,120.00 0.00 140.00 0.00 54.31 0.00 3,783.56 0.00 390.00 0.00 120.00 0.00 720.00 0.00 840.00 0.00 1,898.50 0.00 2,189.68 0.00 925.00 0.00 -51.78 0.00 54.77 0.00 -55.50 0.00 -19.49 0.00 -22.40 0.00 100.46 0.00 161.16 0.00 -9.69 0.00 -6.52 0.00 -65.83 0.00 85.18 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 01/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 16:47:52 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130115 00:00:00.000' ACCOUNTING PERIOD: 7/13 22 2 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 121989 01/15/13 1087 OSCAR'S EXPERT TREE SERV 1115201 TREE REMOVAL 0.00 2,100.00 11111 121989 01/15/13 1087 OSCAR'S EXPERT TREE SERV 1115201 TREE REMOVAL -STORM 0.00 1,500.00 11111 121989 01/15/13 1087 OSCAR'S EXPERT TREE SERV 1115201 TREE REMOVAL -STORM 0.00 900.00 11111 121989 01/15/13 1087 OSCAR'S EXPERT TREE SERV 1115201 TREE REMOVAL -STORM 0.00 1,200.00 TOTAL CHECK 0.00 5,700.00 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 4,598.31 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,166.61 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE 0.00 503.73 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 2,746.51 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 239.69 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 252.06 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE 0.00 20.38 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 28.30 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 10.19 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 45.79 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 415.61 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR LNDSCAPE 0.00 10.19 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,115.96 11111 121990 01/15/13 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST LIGHTS 0.00 708.24 TOTAL CHECK 0.00 11,861.57 11111 121991 01/15/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 516.77 11111 121992 01/15/13 1092 PALACE ART & OFFICE SUPP 1114101 OFFICE SUPPLIES 0.00 80.07 11111 121992 01/15/13 1092 PALACE ART & OFFICE SUPP 1114201 OFFICE SUPPLIES 0.00 40.61 TOTAL CHECK 0.00 120.68 11111 121993 01/15/13 982 POWERPLAN 6315203 TIE DOWN - SKIDSTEER 0.00 459.87 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2745302 HORSESHOE 700 0.00 84.41 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2435302 CARNELIAN GLEN 300 0.00 36.17 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 1115301 MEDIANS /PARKWAYS 0.00 772.12 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 6246202 BUILDINGS 0.00 190.38 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 1115301 PARKS /OPEN SPACE 0.00 654.26 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2495302 MANOR DRIVE 0.00 60.47 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2555302 TRICIA WOODS 22.50 0.00 13.61 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2715302 BEAUCHAMPS 0.00 120.58 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2775302 VILLAGE COMMERCIAL 0.00 852.12 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2535302 SARA LEGENDS -MINA WY 0.00 301.63 11111 121994 01/15/13 87 SAN JOSE WATER COMPANY 2445302 CUNNINGHAM /GLASS 77.5 0.00 46.86 TOTAL CHECK 0.00 3,132.61 11111 121995 01/15/13 98 SARATOGA CHAMBER OF COMM 1118301 QRTLY PYMNT Q 4 2012 0.00 3,096.00 11111 121996 01/15/13 1 SCC CITY MANAGERS ASSOCI 1112101 2013 MEMBER DUES 0.00 400.00 11111 121997 01/15/13 236 SOLECTRIC ELECTRICAL 4119111 -002 ELECTRIC WIRE - SIGN 0.00 1,580.00 11111 121998 01/15/13 389 U SAVE ROCKERY 2775302 BIG BASIN COBBLE 0.00 36.03 22 2 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 01/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 16:47:52 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130115 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 CAL CHAMBER POSTERS 0.00 101.76 11111 122004 01/15/13 391 US BANK PURCHASING CARD 2755302 LLA MISTLETOE MAILING 0.00 243.20 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 CALPELRA CONF LODGING 0.00 432.04 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114201 POSTAGE 0.00 5.75 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114201 POSTAGE 0.00 5.75 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114201 POSTAGE 0.00 5.75 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 OT LUNCH FOR CREW 0.00 115.83 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 OT LUNCH FOR CREW 0.00 93.31 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 POSTAGE 0.00 6.51 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119111 -001 CONTRACTS 0.00 6.10 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 STREETS SUPPLIES 0.00 34.96 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 COMPUTER CABLES 0.00 8.67 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SUPPLIES 0.00 41.14 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6323202 COMPUTER EQUIPMENT 0.00 1,636.29 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 DVD /RW DRIVE 0.00 36.92 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6323202 COMPUTER EQUIPMENT 0.00 1,457.33 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SUPPLIES 0.00 54.17 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SOFTWARE 0.00 194.91 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SOFTWARE 0.00 517.95 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 ONLINE BACK UPS 0.00 119.45 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SOFTWARE 0.00 148.45 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6323202 COMP EQUIP RETURN 0.00 -65.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115101 MONITOR -ANTI GLARE 0.00 139.76 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6223201 IT SUPPLIES 0.00 45.58 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 PLUG & PAY CC FEES 0.00 15.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 PLUG & PAY CC FEES 0.00 15.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6118401 CONFERENCE REG 0.00 395.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL EVENT 0.00 25.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1117102 VOUNTEER OF THE YEAR 0.00 95.22 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL SUPPLIES 0.00 79.23 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL SUPPLIES 0.00 12.96 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 PUBLICATIONS 0.00 72.12 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL SUPPLIES 0.00 34.65 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 19.47 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 184.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 12.59 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL EVENT 0.00 31.74 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 STAFF RETREAT 0.00 17.82 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 STAFF RETREAT 0.00 10.57 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 PUBLICATIONS 0.00 201.95 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 PUBLICATIONS 0.00 66.11 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 STAFF RETREAT 0.00 177.85 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 WEBINAR TRAINING 0.00 30.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114101 SIGNS 0.00 123.42 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114101 OFFICE SUPPLIES 0.00 81.99 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1118101 CMO -SONY CAMERA 0.00 659.97 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 AGENDA MEETING 0.00 35.47 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 LIBRARY COMMISSION 0.00 19.75 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 HOLIDAY EVENT SUP 0.00 43.43 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 HOLIDAY EVENT SUP 0.00 13.04 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 HOLIDAY EVENT SUP 0.00 8.65 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116201 PRINTING 0.00 61.10 23 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 01/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 16:47:52 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130115 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SUPPLIES 0.00 10.83 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 TRANSPORT FEE 0.00 10.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SUPPLIES 0.00 8.40 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SUPPLIES 0.00 13.96 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116201 OFFICE SUPPLIES 0.00 31.43 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SUPPLIES 0.00 10.39 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 CAMP SUPPLIES 0.00 235.65 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SUPPLIES 0.00 9.42 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 STAFF TRAINING 0.00 11.49 11111 122004 01/15/13 391 US BANK PURCHASING CARD 2775302 PARKS SUPPLIES 0.00 48.73 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 0.00 27.08 11111 122004 01/15/13 391 US BANK PURCHASING CARD 2775302 CHRISTMAS LIGHTS 0.00 50.89 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPILES 0.00 18.95 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112201 PARKING ELECTION CONE 0.00 20.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112201 PARKING ELECTION CONF 0.00 20.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112201 PARKING ELECTION CONF 0.00 16.25 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1112101 MANAGEMENT MEETING 0.00 62.85 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114101 MEMBERSHIP DUES 0.00 170.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 STUDY SESSION 0.00 53.92 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114201 PUBLIC STORAGE 0.00 89.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 STUDY SESSION 0.00 96.16 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 STUDY SESSION 0.00 37.45 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111201 STUDY SESSION 0.00 114.88 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1114101 OFFICE SUPPLIES 0.00 44.41 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119121 -001 TRAFFIC SAFETY EQUIP 0.00 185.02 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 72.69 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 OFFICE SUPPLIES 0.00 65.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119111 -002 SMALL TOOLS 0.00 1,467.31 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 OT LUNCH FOR CREW 0.00 21.62 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119111 -002 RETURN SIGN 0.00 - 196.63 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115301 OFFICE SUPPLIES 0.00 22.51 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 OFFICE SUPPLIES 0.00 10.06 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 OFFICE SUPPLIES 0.00 6.47 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1116101 ADVERTISING 0.00 85.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6235202 VEHICLE SUPPLIES 0.00 35.73 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1115201 OT LUNCH FOR CREW 0.00 40.83 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119111 -002 STREETS SUPPLIES 0.00 173.39 11111 122004 01/15/13 391 US BANK PURCHASING CARD 4119111 -002 STREETS SUPPLIES 0.00 26.40 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 46.15 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 163.88 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 5.91 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 60.70 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 56.42 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 0.00 25.73 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 EMP EVENT SUPPLY RET 0.00 -20.22 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6128501 WELLNESS PROG EVENT 0.00 100.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6128501 WELLNESS AWARD 0.00 20.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6128501 WELNESS AWARDS 0.00 225.00 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 OFFICE SUPPLIES 0.00 15.15 11111 122004 01/15/13 391 US BANK PURCHASING CARD 1113301 HOLIDAY EVENT 0.00 32.11 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6128501 CALPELRA CONE LODGING 0.00 219.02 11111 122004 01/15/13 391 US BANK PURCHASING CARD 6128501 LODGING EXPENSE 0.00 21.44 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 01/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 16:47:52 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130115 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122004 01/15/13 391 11111 122004 01/15/13 391 TOTAL CHECK WIRELESS 6223201 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 11111 122005 01/15/13 395 TOTAL CHECK 11111 122006 01/15/13 435 11111 122007 01/15/13 544 11111 122008 01/15/13 696 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT US BANK PURCHASING CARD 6128501 US BANK PURCHASING CARD 6128501 VERIZON WIRELESS 1112101 VERIZON WIRELESS 1112201 VERIZON WIRELESS 1113101 VERIZON WIRELESS 6223201 VERIZON WIRELESS 1114201 VERIZON WIRELESS 1114101 VERIZON WIRELESS 1115201 VERIZON WIRELESS 1115301 VERIZON WIRELESS 1115101 VERIZON WIRELESS 6246202 WEST VALLEY SANITATION D 1115103 WHEEL WORKS 6235202 ZAG TECHNICAL SERVICES, 6223201 ----- DESCRIPTION - - - -- REVERSE LODGING EXP CALPELRA CONF LODGING CITY MANAGER CITY CLERK FINANCE IT SERVICES BUILDING & INSPECTION DEVELOPMENT SERVICES STREETS PARKS GENERAL ENG BUILDING MAINTENANCE CLN WATER 1/13 -6/13 MAINTENANCE VEH #124 IT SUPPORT SERVICES - SALES TAX AMOUNT 0.00 -21.44 0.00 219.02 0.00 12,326.09 0.00 0.17 0.00 1.74 0.00 51.78 0.00 59.66 0.00 36.93 0.00 36.93 0.00 685.41 0.00 866.22 0.00 36.76 0.00 129.34 0.00 1,904.94 0.00 94,621.50 0.00 195.08 0.00 75.00 0.00 163,836.35 0.00 163,836.35 0.00 163,836.35 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 01/22/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130122 00:00:00.000' ACCOUNTING PERIOD: 7/13 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ABAG POWER PURCHASING PO 6246202 ATKINSON,ANDELSON,LOYA,R 1113301 ATUL SHARMA 111 BOB SMITH 111 CAL -WEST LIGHTING & SIGN 4119121 -002 CHESS WIZARDS 1116101 CHESS WIZARDS 1116101 CHRISTINA CAGLIOSTRO 111 CITY OF SARATOGA RECREAT 1118302 COMCAST 6223201 DALE PARSLEY 111 DEPARTMENT OF JUSTICE 1113301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 2775302 INTERSTATE BATTERY SYSTE 6235202 JB TROPHIES 1115301 JB TROPHIES 1115301 KANEN TOURS 1116101 KIRK, ROBERT 111 OFF OF SHERIFF - FISCAL SV 1113301 OFF OF SHERIFF - FISCAL SV 1117101 ONTRAC 1115301 ONTRAC 1113101 ONTRAC 1115101 ORCHARD SUPPLY HARDWARE- 4119111 -001 ORCHARD SUPPLY HARDWARE- 4119111 -001 26 ----- DESCRIPTION - - -- GAS SERVICES LGL SRVCS THRU 11/12 REFUND 07 -292 REFUND FACILITY TRAFFIC SIGN INSTALL INSTRUCTOR -CHESS INSTRUCTOR -CHESS REFUND FACILITY MUSTARD FAIRE HS RNTL MTHLY MAINT 1/20 -2/19 ARB09 -0030 REISSUE CK FINGERPRINT APPS12 /12 RETURN PARKS SUPPLIES PARKS SUPPLIES PARKS SUPPLIES VILLAGE LANDSCAPE REP MAINTENANCE VEH #97 KEVIN MORGAN PLAQUE AUSTIN WAY PLAQUE EXCURSION 1/23/13 OCT -DEC REIMB 2012 FINGERPRINT FEE 11/12 LAW ENFORCEMENT 1/13 DELIVERY CHARGES DELIVERY CHARGES DELIVERY CHARGES STREETS SUPPLIES PARKS SUPPLIES SALES TAX FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122009 01/22/13 546 11111 122010 01/22/13 970 11111 122011 01/22/13 500 11111 122012 01/22/13 500 11111 122013 01/22/13 95 11111 122014 01/22/13 749 11111 122014 01/22/13 749 TOTAL CHECK 671.60 0.00 11111 122015 01/22/13 500 11111 122016 01/22/13 922 11111 122017 01/22/13 494 11111 122018 01/22/13 500 11111 122019 01/22/13 552 11111 122020 01/22/13 488 11111 122020 01/22/13 488 11111 122020 01/22/13 488 11111 122020 01/22/13 488 TOTAL CHECK 11111 122021 01/22/13 61 11111 122022 01/22/13 674 11111 122022 01/22/13 674 TOTAL CHECK 11111 122023 01/22/13 567 11111 122024 01/22/13 524 11111 122025 01/22/13 1 11111 122025 01/22/13 1 TOTAL CHECK 11111 122026 01/22/13 60 11111 122026 01/22/13 60 11111 122026 01/22/13 60 TOTAL CHECK 11111 122027 01/22/13 168 11111 122027 01/22/13 168 TOTAL CHECK - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ABAG POWER PURCHASING PO 6246202 ATKINSON,ANDELSON,LOYA,R 1113301 ATUL SHARMA 111 BOB SMITH 111 CAL -WEST LIGHTING & SIGN 4119121 -002 CHESS WIZARDS 1116101 CHESS WIZARDS 1116101 CHRISTINA CAGLIOSTRO 111 CITY OF SARATOGA RECREAT 1118302 COMCAST 6223201 DALE PARSLEY 111 DEPARTMENT OF JUSTICE 1113301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 1115301 HOME DEPOT CREDIT SERVIC 2775302 INTERSTATE BATTERY SYSTE 6235202 JB TROPHIES 1115301 JB TROPHIES 1115301 KANEN TOURS 1116101 KIRK, ROBERT 111 OFF OF SHERIFF - FISCAL SV 1113301 OFF OF SHERIFF - FISCAL SV 1117101 ONTRAC 1115301 ONTRAC 1113101 ONTRAC 1115101 ORCHARD SUPPLY HARDWARE- 4119111 -001 ORCHARD SUPPLY HARDWARE- 4119111 -001 26 ----- DESCRIPTION - - -- GAS SERVICES LGL SRVCS THRU 11/12 REFUND 07 -292 REFUND FACILITY TRAFFIC SIGN INSTALL INSTRUCTOR -CHESS INSTRUCTOR -CHESS REFUND FACILITY MUSTARD FAIRE HS RNTL MTHLY MAINT 1/20 -2/19 ARB09 -0030 REISSUE CK FINGERPRINT APPS12 /12 RETURN PARKS SUPPLIES PARKS SUPPLIES PARKS SUPPLIES VILLAGE LANDSCAPE REP MAINTENANCE VEH #97 KEVIN MORGAN PLAQUE AUSTIN WAY PLAQUE EXCURSION 1/23/13 OCT -DEC REIMB 2012 FINGERPRINT FEE 11/12 LAW ENFORCEMENT 1/13 DELIVERY CHARGES DELIVERY CHARGES DELIVERY CHARGES STREETS SUPPLIES PARKS SUPPLIES SALES TAX AMOUNT 0.00 749.48 0.00 3,000.00 0.00 778.10 0.00 300.00 0.00 2,700.00 0.00 822.14 0.00 1,228.05 0.00 2,050.19 0.00 300.00 0.00 420.00 0.00 87.50 0.00 140.00 0.00 160.00 0.00 - 183.09 0.00 571.33 0.00 161.46 0.00 121.90 0.00 671.60 0.00 118.35 0.00 156.81 0.00 212.99 0.00 369.80 0.00 3,564.00 0.00 600.00 0.00 40.00 0.00 346,137.83 0.00 346,177.83 0.00 5.35 0.00 5.88 0.00 8.56 0.00 19.79 0.00 312.06 0.00 312.06 0.00 624.12 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 01/22/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130122 00:00:00.000' ACCOUNTING PERIOD: 7/13 2 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122028 01/22/13 918 O'REILLY AUTO PARTS 6235202 VEHICLE PARTS 0.00 26.05 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114101 OFFICE SUPPLIES 0.00 26.89 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114201 OFFICE SUPPLIES 0.00 111.52 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114201 OFFICE SUPPLIES 0.00 44.19 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114101 OFFICE SUPPLIES 0.00 6.79 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114201 RETURN PRODUCT 0.00 -84.63 11111 122029 01/22/13 1092 PALACE ART & OFFICE SUPP 1114101 RETURN PRODUCT 0.00 -16.99 TOTAL CHECK 0.00 87.77 11111 122030 01/22/13 890 PEELLE TECHNOLOGIES, INC 1114201 LASERFICHE SCANNING 0.00 1,096.55 11111 122031 01/22/13 982 POWERPLAN 6315203 TIE DOWNS - SKIDSTEER 0.00 287.93 11111 122032 01/22/13 393 REED & GRAHAM, INC 4119111 -001 BAL OF INVOICE 761619 0.00 190.27 11111 122033 01/22/13 1 REGISTRAR OF VOTERS 1112201 COUNCIL ELECTION 0.00 32,534.00 11111 122034 01/22/13 87 SAN JOSE WATER COMPANY 1115301 PRKS /KERWIN RANCH 100 0.00 9.93 11111 122034 01/22/13 87 SAN JOSE WATER COMPANY 2545302 SUNLAND PARK 0.00 123.60 11111 122034 01/22/13 87 SAN JOSE WATER COMPANY 2475302 KERWIN RANCH 900 0.00 89.35 TOTAL CHECK 0.00 222.88 11111 122035 01/22/13 98 SARATOGA CHAMBER OF COMM 1118301 Q 3 &4 2012 BALANCE 0.00 186.00 11111 122036 01/22/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #107 0.00 556.53 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN COM DEV 0.00 158.40 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN COUNCIL MTGS 0.00 1,128.60 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN PUBLIC WORKS 0.00 316.80 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY CLERK 0.00 4,573.80 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY MANAGER 0.00 19.80 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN WESTLAW 0.00 49.75 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CODE ENFORCE 0.00 871.20 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN HUMAN RES 0.00 1,267.20 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REIMB EXP 0.00 86.26 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN SIGN ORDIN 0.00 19.80 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REC /RSK MGMT 0.00 39.60 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REVIEW CONT 0.00 415.80 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 OUTSIDE COUNSEL 0.00 390.00 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 1118201 DEFEND CITY 0.00 14,340.40 11111 122037 01/22/13 154 SHUTE MIHALY & WEINBERGE 4319152 -002 QUITO RD BRIDGES 0.00 3,398.47 TOTAL CHECK 0.00 27,075.88 11111 122038 01/22/13 1079 SIEMENS INDUSTRY, INC. 4119111 -001 TRAFFIC SIGNALS AND LI 0.00 2,118.43 11111 122038 01/22/13 1079 SIEMENS INDUSTRY, INC. 4119111 -001 TRAFFIC SIGNALS AND LI 0.00 1,851.50 TOTAL CHECK 0.00 3,969.93 11111 122039 01/22/13 149 SIERRA DISPLAY INC 2775302 LED LIGHTING 0.00 1,191.08 11111 122040 01/22/13 587 STATE BOARD OF EQUALIZAT 6235202 FUEL TAX 10/1 -12/31 0.00 1.53 27 2 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 01/22/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130122 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122041 01/22/13 266 SUNGARD PUBLIC SECTOR IN 6223201 ASP SERVICE 2/13 0.00 5,390.00 11111 122041 01/22/13 266 SUNGARD PUBLIC SECTOR IN 6223201 HTE ASP SUPPORT 2/13 0.00 394.00 TOTAL CHECK 0.00 5,784.00 11111 122042 01/22/13 336 TLC ADMINISTRATORS 1113301 ADMIN FEE /RE- ENROLL 0.00 331.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 2425302 SEPT BONNET WAY 0.00 85.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT DWNTWN GARB CANS 0.00 85.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 2535302 SEPT LEGENDS LLA 0.00 165.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT FOOTHILL PARK 0.00 108.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT HISTORICAL PARK 0.00 175.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT CIVIC CENTER 0.00 755.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT PROSPECT CENTER 0.00 433.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT RAVENWOOD PARK 0.00 85.00 11111 122043 01/22/13 402 VISTA LANDSCAPE & MAINTE 1115301 SEPT EL QUITO PARK 0.00 162.00 TOTAL CHECK 0.00 2,053.00 11111 122044 01/22/13 901 WAXIE SANITARY SUPPLY 6246202 JANITORIAL SUPPLIES 0.00 2,089.07 TOTAL CASH ACCOUNT 0.00 440,514.23 TOTAL FUND 0.00 440,514.23 TOTAL REPORT 0.00 440,514.23 i 3 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 01/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:51:46 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130129 00:00:00.000' ACCOUNTING PERIOD: 7/13 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT $15 SEWER SERVICE 6246202 • T FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122045 01/29/13 581 11111 122046 01/29/13 234 11111 122046 01/29/13 234 11111 122046 01/29/13 234 11111 122046 01/29/13 234 11111 122046 01/29/13 234 11111 122046 01/29/13 234 TOTAL CHECK 39.47 0.00 11111 122047 01/29/13 27 11111 122048 01/29/13 66 11111 122049 01/29/13 197 11111 122050 01/29/13 970 11111 122051 01/29/13 980 11111 122051 01/29/13 980 11111 122051 01/29/13 980 11111 122051 01/29/13 980 11111 122051 01/29/13 980 TOTAL CHECK 11111 122052 01/29/13 229 11111 122053 01/29/13 991 11111 122054 01/29/13 250 11111 122055 01/29/13 589 11111 122056 01/29/13 342 11111 122057 01/29/13 573 11111 122058 01/29/13 651 11111 122058 01/29/13 651 11111 122058 01/29/13 651 11111 122058 01/29/13 651 TOTAL CHECK 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT $15 SEWER SERVICE 6246202 • T & T 6246202 • T & T 6246202 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 2775302 ABAG PLAN CORPORATION 6128501 ADVANCED LISTING SERVICE 1114101 ARROWHEAD MOUNTAIN SPRIN 6246202 ATKINSON,ANDELSON,LOYA,R 1113301 CITY OF SARATOGA -PETTY C 1116101 CITY OF SARATOGA -PETTY C 1116101 CITY OF SARATOGA -PETTY C 6246202 CITY OF SARATOGA -PETTY C 6246202 CITY OF SARATOGA -PETTY C 1116201 COAST OIL COMPANY LLC 6235202 COMCAST 6223201 COTTON SHIRES AND ASSOCI 4349451 -001 CPO LTD 6213102 DATA TICKET INC 1117101 STATE OF CALIFORNIA 1115201 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2435302 GACHINA LANDSCAPE MANAGE 2445302 GACHINA LANDSCAPE MANAGE 2455302 GACHINA LANDSCAPE MANAGE 2735302 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 29 - - - -- DESCRIPTION SEWER CLEANING SUPERTRUNK PROSPECT RD ALARMS EL QUITO IRRIGATION TITUS /PROSPECT MEDIAN HISTORICAL PARK BIG BASIN WAY WC INSURANCE 1/1 -3/31 PUBLIC NOTICE SERVICE MNTLY SRV 12/7- 1/6/13 LEGAL SVCS THRU 12/31 OFFICE SUPPLIES EXCURSION LUNCH MEMBERSHIP SAFETY MEETING EXPENSE POSTAGE UNLEADED FUEL MNTHLY SVC 1/19 -2/18 PREPARATION OF GROUND COPIER SUPPLIES CITATION FEES 12/2012 SIG LIGHTS 10/1 -12/31 INSTRUCTOR- GYMNASTICS INSTRUCTOR- GYMNASTICS INSTRUCTOR- GYMNASTICS INSTRUCTOR- GYMNASTICS BEAUCHAMPS MAINT JAN MEDIANS JAN LIBRARY JAN CARNEILIAN GLEN JANCUNNINGHAM /GLASGOW JAN FREDRICKSBURG JAN GATEWAY JAN KERWIN JANDOWNTWN NEWSPAPERS SALES TAX AMOUNT 0.00 88.00 0.00 389.57 0.00 30.64 0.00 16.03 0.00 16.17 0.00 16.17 0.00 16.17 0.00 484.75 0.00 38,772.35 0.00 175.00 0.00 104.01 0.00 62.50 0.00 8.66 0.00 11.76 0.00 25.00 0.00 2.00 0.00 6.40 0.00 53.82 0.00 2,453.63 0.00 39.47 0.00 11,338.00 0.00 105.34 0.00 100.00 0.00 804.85 0.00 160.78 0.00 160.78 0.00 285.98 0.00 275.81 0.00 883.35 0.00 188.00 0.00 3,587.00 0.00 464.00 0.00 68.00 0.00 135.00 0.00 102.00 0.00 102.00 0.00 270.00 0.00 68.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 01/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:51:46 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130129 00:00:00.000' ACCOUNTING PERIOD: 7/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 11111 122059 01/29/13 454 TOTAL CHECK 0.00 1,158.00 11111 122060 01/29/13 463 11111 122061 01/29/13 1035 11111 122062 01/29/13 123 11111 122063 01/29/13 171 11111 122064 01/29/13 194 11111 122065 01/29/13 968 11111 122066 01/29/13 83 11111 122066 01/29/13 83 11111 122066 01/29/13 83 11111 122066 01/29/13 83 11111 122066 01/29/13 83 11111 122066 01/29/13 83 TOTAL CHECK 11111 122067 01/29/13 1062 11111 122068 01/29/13 173 11111 122068 01/29/13 173 11111 122068 01/29/13 173 11111 122068 01/29/13 173 TOTAL CHECK 11111 122069 01/29/13 1092 11111 122069 01/29/13 1092 TOTAL CHECK 11111 122070 01/29/13 259 11111 122071 01/29/13 652 11111 122072 01/29/13 561 11111 122073 01/29/13 393 11111 122074 01/29/13 1036 11111 122075 01/29/13 136 VENDOR - - -- --- - - - - -- BUDGET UNIT GACHINA LANDSCAPE MANAGE 2525302 GACHINA LANDSCAPE MANAGE 2555302 GACHINA LANDSCAPE MANAGE 2715302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2765302 GACHINA LANDSCAPE MANAGE 2485302 GACHINA LANDSCAPE MANAGE 2415302 GRAINGER 6246202 JESUS VILLALOBOS 1115201 KELEX SECURITY 6246202 LABOSSIERE, MONICA 1113301 LIEBERT, CASSIDY WHITMOR 1113301 MACEDONIO NUNEZ 1115201 MUSICAL ME, INC 1116101 MUSICAL ME, INC 1116101 MUSICAL ME, INC 1116101 MUSICAL ME, INC 1116101 MUSICAL ME, INC 1116101 MUSICAL ME, INC 1116101 NI GOVERNMENT SERVICES, 1117102 PACIFIC GAS & ELECTRIC 6246202 PACIFIC GAS & ELECTRIC 2315302 PACIFIC GAS & ELECTRIC 1115201 PACIFIC GAS & ELECTRIC 6246202 PALACE ART & OFFICE SUPP 1113101 PALACE ART & OFFICE SUPP 1113301 PLAYGROUNDS UNLIMITED PTM DOCUMENT SYSTEMS RBF CONSULTING REED & GRAHAM, INC RICK TORRES SCOTTY'S AUTOMOTIVE 1115301 1113101 4349451 -001 4119111 -001 1115201 6235202 30 DESCRIPTION JAN PRIDES CROSSING JAN TRICIA WOODS JAN BEAUCHAMPS JAN DOWNTOWN JAN TOLLGATE JAN LEUTAR CT JANARROYO DE SARATOGA FACILITIES SUPPLIES PER DIEM CCSA CONF ALARM REPAIR MILEAGE - CONFERENCE SRVCS THRU 12/31/12 PER DIEM CCSA CONF INSTRUCTOR -MUSIC INSTRUCTOR -MUSIC INSTRUCTOR -MUSIC INSTRUCTOR -MUSIC INSTRUCTOR -MUSIC INSTRUCTOR -MUSIC AIR TIME 12/12 NATURAL GAS VEHICLE VILLAGE LIGHTING MONTE VISTA DRIVE BUILDINGS OFFICE SUPPLIES OFFICE SUPPLIES INSTALL CLIMBER /SWING EQUIPMENT PART CONTRACTOR UPDATING SA STREETS SUPPLIES PER DIEM CCSA CONF MAINTENANCE VEH #111 SALES TAX AMOUNT 0.00 405.00 0.00 34.00 0.00 68.00 0.00 126.00 0.00 80.00 0.00 75.00 0.00 68.00 0.00 5,840.00 0.00 81.99 0.00 150.00 0.00 125.00 0.00 155.28 0.00 486.00 0.00 150.00 0.00 810.60 0.00 1,158.00 0.00 882.00 0.00 957.60 0.00 478.80 0.00 723.60 0.00 5,010.60 0.00 75.87 0.00 13.23 0.00 23.00 0.00 17.22 0.00 350.67 0.00 404.12 0.00 55.67 0.00 33.08 0.00 88.75 0.00 1,327.33 0.00 17.68 0.00 25,769.50 0.00 97.66 0.00 150.00 0.00 90.86 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 01/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:51:46 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130129 00:00:00.000' ACCOUNTING PERIOD: 7/13 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 31 0.00 0.00 0.00 AMOUNT 90.86 181.72 114.39 153.45 267.84 113.93 1,100.00 109.90 23.95 97,192.19 97,192.19 97,192.19 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX 11111 122075 01/29/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #110 0.00 TOTAL CHECK 0.00 11111 122076 01/29/13 162 SILICON VALLEY COMM NEWS 1114101 LEGAL LINER 4721083 0.00 11111 122076 01/29/13 162 SILICON VALLEY COMM NEWS 4349451 -001 LEGAL LINER 4717810 0.00 TOTAL CHECK 0.00 11111 122077 01/29/13 256 STEVENS CREEK QUARRY INC 4119111 -001 STREETS SUPPLIES 0.00 11111 122078 01/29/13 726 TREES 360 DEGREES 1115201 TREE REMOVAL 0.00 11111 122079 01/29/13 901 WAXIE SANITARY SUPPLY 6246202 JANITORIAL SUPPLIES 0.00 11111 122080 01/29/13 439 XEROX CORPORATION 6213102 SIN: RYU427159 MAINTEN 0.00 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 31 0.00 0.00 0.00 AMOUNT 90.86 181.72 114.39 153.45 267.84 113.93 1,100.00 109.90 23.95 97,192.19 97,192.19 97,192.19 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL February 6, 2013 Finance & Administrative Services Ann Xu, Accountant AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended December 31, 2012 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended December 31, 2012. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035 designates the City Manager as the City Treasurer. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1St Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of December 31, 2012, the City had $208,863 in cash deposit at Comerica bank, and $12,788,181 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of December 31, 2012 is $12,997,044 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 208,863 Deposit with LAIF $ 12,788,181 Total Unrestricted Cash $ 12,997,044 32 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 12,997,044 Plus: Assets 348,013 Less: Liabilities (1,176,055) Ending Fund Balance $ 12,169,002 Fund Balances Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non- spendable fund balance ", resources that are inherently non - spendable from the vantage point of the current period; "restricted fund balance ", resources that are subject to external enforceable legal restrictions; "committed fund balance ", resources whose use is constrained by limitations that the government imposes upon itself at its highest level of decision making and remain binding unless removed in the same manner; "assigned fund balance ", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance ", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 33 ATTACHMENTS A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 34 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 35 Fund Increase/ Balance (Decrease) Current Current Fund Balance FtndDescri 'on 7/1/12 Jul - Nov Revenue Expenditure Transfers 12/31/12 General Fund Restricted Fund Balances: Environmental Services 513,182 - - - - 513,182 Committed Fund Balances: Hillside Stability 600,000 - - - - 600,000 Assigned Fund Balances: Capital Projects 1,923,658 - - - (635,000) 1,288,658 Carryforwards 247,201 - - - - 247,201 Unassigned Fund Balances: Operations 2,914,426 - - - - 2,914,426 Economic Uncertainty 1,500,000 - - - - 1,500,000 Development Services 667,233 - - - - 667,233 Uncollected Deposits 44,791 - - - - 44,791 OtherUnassi ned 518,631 (1,997,824 ) 1,660,338 1,029,901 6,000 (842,756) General FtndTotal 8,929,122 (1,997,824) 1,660,338 1,029,901 (629,000) 6,932,735 Special Revenue Landscape /Lighting Districts 562,504 (116,780) 43,383 32,159 - 456,949 Capital Project Street Projects 1,701,512 (154,294) 32,102 25,159 150,000 1,704,162 Park and Trail Projects 621,118 (35,084) - 122 300,000 885,913 Facility Improvement Projects 493,709 (258,962) - 21,742 200,000 413,005 Administrative Projects 129,400 (14,290) - 1,552 85,000 198,557 Tree Fund 34,345 1,120 - - - 35,466 CIP Grant Street Repair Projects 466,818 (438,392) 265,083 152,690 - 140,819 CIP Grant Park & Trail Projects - (404,974) - 5,326 - (410,300) CIP Grant Facility - (900) - - - (900) CIP Grant Administrative Projects - (47,497) - 7,909 - (55,407) Gas Tax Fund 97,305 244,117 - 8,420 (106,000) 227,002 Debt Service Library Bond 862,414 (656,694) 2,470 - - 208,190 Internal Service Fund Liability /Risk Management 134,757 (43,293) - 9,713 - 81,752 Workers Compensation 231,966 33,144 - 2,010 - 263,100 Office Support Services Fund 11,220 11,204 818 2,369 - 20,872 Information Technology Services 256,701 30,423 - 27,090 - 260,033 Equipment Maintenance 23,031 14,622 - 11,966 - 25,688 Building Maintenance 200,926 59,204 - 51,508 - 208,622 Equipment Replacement 437,088 (31,324) - 10,323 - 395,441 Technology Replacement 156,760 22,481 - 1,935 - 177,306 Total City 15,350,696 (3,783,994) 2,004,194 1,401,893 - 12,169,002 35 ATTACHMENT B FUND BALANCES BY CIP PROJECT 36 Fund Increase / Fund Balance (Decrease) Current Current Balance CIP Funds /Projects 7/1/12 Jul - Nov Revenue Expenditure Transfers 12/31/12 Street Projects Annual Street Resurfacing 295,612 78,133 32,102 10,829 - 395,018 Street Restriping & Signage 123,434 (83,000) - 1,616 - 38,818 Roadway Safety & Traffic Cahnmg 149,755 (17,525) - - 50,000 182,230 Solar Power Radar Feedback Signs 12,912 (7,660) - - - 5,251 Highway 9 Safety Project - Phase II (Ped Paths) 76,528 15,338 - 170 - 91,697 Highway 9 Safety Project -Phase III (Bicycles) 24,562 (49) - - - 24,513 Highway 9 Safety Project - Phase IV 90,000 - - - - 90,000 Fmitvale Ave Medians 90,000 (4,585) - - - 85,416 Village LID Streetlights 5,482 - - - - 5,482 Annual Sidewalks Project 3,839 (3,889) - 11,724 50,000 38,225 Annual Stonn Drain Upgrades 13,149 (52,385) - - 50,000 10,764 El Quito Area Curb Replacement 37,553 - - 37,553 Village- Streetscape Improvements 221,120 (66,787) - 821 - 153,513 Village -Phase B Design 27,236 (6,808) - - - 20,428 Village -Phase B Construction 224,300 (2,949) - - - 221,351 Fourth Street Bridge 100,000 - - - - 100,000 Quito Road Bridge Replacement Design 107,287 (2,128) - - - 105,159 Underground Project 98,744 98,744 Total Street Projects 1,701,512 (154,294) 32,102 25,159 150,000 1,704,162 Parks & Trails Park/Trail Repairs 22,459 (8,228) - - - 14,230 Playground Safety Equipment 20,078 - - - - 20,078 Park Restroorn Improvements 57,589 - - - - 57,589 Blaney Plaza Improvements 6,527 - - - - 6,527 Hakone Garden Matching Funds 250,000 - - - - 250,000 Hakone Garden Retaining Wall & D/W 137,379 - - - - 137,379 Hakone Garden Upper Moon House 125,000 - - - - 125,000 Ravenswood Playground Improvement 2,086 (1,855) - - - 231 Saratoga Village Creek Trail Design - - - 122 - (122) Saratoga to Sea Quany Master Plan 25,000 300,000 275,000 Total Parks & Trails 621,118 (35,084) - 122 300,000 885,913 Facility Improvements Facility Projects 108,413 - - - 67,833 176,246 Security Locks - - - - 40,000 40,000 Electric Charging Stations 43,400 (47,287) - - - (3,887) City Hall Emergency Power Backup 43,232 (8,500) - - 60,000 94,732 City Hall Firergency EVAC Plan Sign - (2,228) - - - (2,228) City Hall Cool Roof Project - (18,864) - - - (18,864) CDD /Engineering- Carpet - (5,795) - - - (5,795) HVACUnit #3 - (17,467) - 18,842 - (36,309) Theater Improvement 35,529 9,814 - - - 45,343 WHH Furniture & Equipment - (413) - - - (413) Senior Center Furniture and Fixture - (1,135) - - - (1,135) North Campus Improvements 113,452 (5,780) - - - 107,672 BGR HVAC Improvements - (32,167) - 2,900 32,167 (2,900) Museum Electrical Upgrade 12,468 (12,895) - - - (427) McWilliams House Improvements 4,435 - - - - 4,435 Library Building Exterior Maintenance Projects 13,870 - - - - 13,870 Library Irrprovements, 118,910 116,245 2,665 Total Facility Improvements 493,709 (258,962) - 21,742 200,000 413,005 Administrative Projects Financial System Upgrade 3,534 - - - 10,000 13,534 PW Document Imaging Project 73,607 (2,089) - 1,552 69,966 CDD Document Imaging Project 22,121 - - - - 22,121 CMO Document Imaging Project 9,510 (494) - - - 9,016 IT Emergency Power Backup - (1,500) - - - (1,500) Village Fapade Program 20,628 (6,807) - - - 13,821 Business Development Incentive Program - (3,400) - - 25,000 21,600 Risk Management Project Funding 50,000 50,000 Total Administrative Projects 129,400 (14,290) - 1,552 85,000 198,557 Tree Fund Citywide Tree Planting Program 11,096 1,120 - - - 12,216 Tree Dedication Program 21,375 - - - - 21,375 SMSCF Tree Donation Program 1,875 1,875 Total Tree Fund 34,345 1,120 - - - 35,466 CB' Grant Street Repair Projects 466,818 (438,392) 265,083 152,690 - 140,819 CIP Grant Park & Trail Projects - (404,974) - 5,326 - (410,300) CIP Grant Facility - (900) - - - (900) CIP Grant Adrtdnistrative Projects - (47,497) - 7,909 - (55,407) Gas Tax Fund 97,305 244,117 - 8,420 (106,000) 227,002 Total CIP Funds 3,544,207 (1,109,157) 297,185 222,920 629,000 3,138,316 36 ATTACHMENT C CASH BALANCE BY MONTH Cash Balance $20,000,000 515:3979 iS,6g6,252 $15,000,009 Dl 6 $10,000,000 $5,009,000 $0 April -12 May -12 June -12 July -12 August -12 September -12 October -12 November -12 December -12 37 ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 1977 March 5.68 June 5.78 September 5.84 December 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 KN SA SARATOGA CITY COUNCIL 9s6 XPO MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Lump Sum Payoff of the City's Miscellaneous Plan Employer Side Fund. RECOMMENDED ACTION: Review report and authorize a lump -sum payment to the California Public Employees Retirement System (Ca1PERS) for the remaining balance due on the City's Miscellaneous Plan Employer Side Fund. REPORT SUMMARY: The City of Saratoga contracts with Ca1PERS to provide a defined benefit retirement plan for the City's active Ca1PERS member employees. In 1999, during a time when the City's pension plan was almost fully funded (with a 0.445% employer contribution rate), the City of Saratoga moved from the Ca1PERS 2% at 60 retirement pension plan to a 2% at 55 retirement pension plan. The projected, long -term liability from this enhanced pension benefit, in combination with the actuarial calculated difference between the City's assets, liabilities, and the funded status of the City's retirement plan, represented the annual funding liability of the City's plan. Under Ca1PERS' less restrictive actuarial assumptions at the time, the City was superfunded from fiscal years 2000/01 through 2003/04, meaning the plan assets exceeded the plan liabilities, and Employer Contribution Rates were set at 0.0% because there were more assets than liabilities. For clarification, it should be understood that Ca1PERS Employer Contribution Rates are based on funding analysis data from two years prior, hence the 2003/04 rates were based on 2001/02 data. With the significant economic downturn occurring in late 2001, the value of plan assets decreased significantly after that point, and Ca1PERS began to reassess and revise its assumptions resulting in less favorable financial positions for the Ca1PERS retirement plans in later years. As the chart below shows, the FY 2004/05 Employer Contribution Rates jumped to 4.350 %, and then more than doubled to 10.990% in the following year. CAPERS Employer Contribution Rate 1+7.OW% 12 -000% MUll % $Ala^ 6.00 4A7 WA I O.ODO% J i} o �, % 05 39 In 2003, legislation mandated that all Ca1PERS agencies with fewer than 100 active members be placed into risk pools based on plan type, in order to establish less volatile employer contribution rates for smaller agencies. At the time of being placed in a risk pool, an employer "Side Fund" was created to account for the difference between the funded status of the agency's individual plan and the funded status of the risk pool. These liabilities are treated as loans by CalPERS. For the City of Saratoga, Ca1PERS calculated the unfunded liability at June 30, 2003 to be $697,545. Ca1PERS determined this Side Fund amount would be amortized over the following 10 years, through a Side Fund rate added to the "Normal Cost" portion of the pension plan rate. The Normal Cost is the actuarial calculated contribution requirement to fund the currently incurred benefit liabilities. The Side Fund is amortized using CAPERS' actuarial investment return assumption, which had been 7.75 %, but recently dropped to 7.5 %. In other words, the City's outstanding liability is now being charged a 7.5% interest rate over the remaining amortization period. In comparison to the low interest rate the City earns on its funds held in the Local Agency Investment Fund (LAIF), now at .32 %, the difference in the rate paid versus the rate earned reflects the cost of not paying off the remainder of the Side Fund liability. FISCAL IMPACTS: Payment to eliminate this loan would result in the elimination of the added Side Fund rate in the total Employer Contribution rate. The Side Fund rate for FY 2012/13 is 1.991% of the total 13.031% rate, and is scheduled to increase to 2.093% in FY 2013/14. This works out to an approximate reduction of $50,000 in Employer Contributions toward the Side Fund for the remainder of this fiscal year, and an annual reduction of $112,000 in Employer Contributions toward the Side Fund during each of the remaining two full fiscal years. Ca1PERS calculated the outstanding side fund liability at June 30, 2012 to be $301,840. Per the payoff letter, payment for the current outstanding Side Fund liability of $245,444 must be paid by February 16, 2013 to eliminate the Side Fund and reduce the Employer Contribution Rate. The payoff will save the City approximately $28,000 over the remaining term of the Side Fund amortization ending June 30, 2015. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's Miscellaneous Plan Employer Side Fund balance would not be eliminated, and the balance would carry forward as a component percentage of the Ca1PERS Employer Rate at a 7.5% interest rate cost to the City totaling approximately $28,000 over the remaining term of two and one -third years. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Staff will provide Ca1PERS with the Council's adopted resolution and payment. 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: Resolution authorizing lump sum payment to pay off the City's remaining side fund balance B: Ca1PERS payoff letter W RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A LUMP SUM PAYMENT TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PAY OFF THE REMAINING BALANCE DUE ON THE CITY'S MISCELLANEOUS PLAN EMPLOYER SIDE FUND WHEREAS, the governing body of the City of Saratoga contracts with the Board of Administration of the California Public Employee's Retirement System (Ca1PERS) for employee retirement pension benefits, and; WHEREAS, effective July 1, 2003, the California Public Employees Retirement System (Ca1PERS) mandated all agencies with fewer than 100 active employees be assigned to a risk pool plan to reduce or eliminate the large fluctuations in small employer's contribution rates caused by unexpected demographic events, and; WHEREAS, by mandate of Ca1PERS, the City of Saratoga is part of the 2 % @55 for Miscellaneous Employees risk pool for miscellaneous employees hired prior to May 12, 2012, and; WHEREAS, when Ca1PERS placed the City in this actuarial valuation risk pool it calculated the unfunded liability for the City to be $697, 545 — this liability became known as the "Side Fund ", and; WHEREAS, this Side Fund was structured to pay off principal and accruing interest costs over a ten year amortization period, through an added Side Fund Employer Contribution Rate calculated and charged as a factor of salary, and; WHEREAS, effective July 1, 2005, the Side Fund Rate was added to the "Normal Cost" Rate to determine the Total Employer Contribution Rate, and; WHEREAS, the remaining balance of this side fund as of February 15, 2013 is $245,444, and; WHEREAS, Ca1PERS treats these side funds as loans to the City and charges interest on this loan equal to the Ca1PERS discount rate, currently at 7.5 %, and; WHEREAS, the City is scheduled to make payments on this Side Fund to include principal and interest on the outstanding balance through its last payment, scheduled for June 30, 2015, and; WHEREAS, the City has the option to make a lump sum pay off of its Side Fund at any time, and; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga authorizes and directs the City Manager to execute and deliver the necessary documents and payment to accomplish the intention of the above resolution. 41 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6`'' day of February, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 42 Jill Hunter, Mayor California Public Employees' Retirement System Actuarial Office P.O. Box 942709 Sacramento, CA 94229 -2709 TTY: (916) 795 -3240 alP (888) 225 -7377 phone • (916) 795 -2744 fax www.calpers.ca.gov January 30, 2013 CalPERS ID: 4261324287 Employer Name: CITY OF SARATOGA Rate Plan: MISCELLANEOUS PLAN Re: Lump Sum Payment to reduce 2012 -2013 & 2013 -2014 employer contribution rates Dear Requestor: As requested, 2012 -2013 & 2013 -2014 employer contribution rate information on your lump sum payment follows. If you are aware of others interested in this information (i.e. payroll staff, county court employees, port districts, etc.), please inform them. The information is based on the most recent annual valuation and assumes payment by February l6, 2013 and no further contractual or financing changes taking effect before June 30, 2014. The Side Fund resulting from risk pooling valued at ($301,840) (including any adjustments due to plan amendments, vouchers, golden handshakes, etc.) as of June 30, 2012, will be reduced or eliminated by a lump sum payment in the amount of $245,444. Any later adjustments due to plan amendments, vouchers, golden handshakes, or financing changes could increase or reestablish a side fund. The change in your 2012/2013 & 2013/2014 employer contribution rates after you make the proposed lump sum payment, are displayed in the "Change to Total Employer Rate" line below. Valuation as of June 30, 2010 Pre- Payment Post - Payment Projected 6/30/12 Side Fund (SF) ($301,840) Proposed Lump Sum Pmt by 2/16/13 $245,444 $245,444 Revised projected 2/16/13 SF $0 2012 -2013 Employer Contribution Rate Risk Pool's Net Employer Normal Cost 7.720% 7.720% Risk Pool's Payment on Amortization Bases 1.996% 1.996% Surcharges for Class 1 Benefits 1.324% 1.324% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 1.991% 0.000% Total Employer Contribution Rate 13.031% 11.040% Amortization Period 3 years N/A Change to 12/13 Total Employer Contribution Rate (1.991 0/0) 43 Valuation as of June 30, 2011 Pre - Payment Post - Payment 2013 -2014 Employer Contribution Rate Risk Pool's Net Employer Normal Cost 8.052% 8.052% Risk Pool's Payment on Amortization Bases 2.230% 2.230% Surcharges for Class 1 Benefits 1.321% 1.321% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 2.093% 0.000% Total Employer Contribution Rate 13.696% 11.603% Amortization Period 2 years N/A Change to 13/14 Total Employer Contribution Rate (2.093%) To initiate this change, the enclosed Lump Sum Payment Request must be completed and returned to the Fiscal Services Division with a wire transfer or a check by February 16, 2013. A copy should be sent to us. If you have questions, please call (888) CalPERS (225- 7377). DAVID CLEMENT, ASA, MAAA, EA Senior Pension Actuary, CalPERS .. LUMP SUM PAYMENT REQUEST Please complete and return this form to the following address: CalPERS Fiscal Services Division Attn: Retirement Program Accounting P O Box 942703 Sacramento, CA 94229 -2703 Or fax to: 916 - 795 -7622. If a wire transfer is being used, it should go to the following account: ABA #0260- 0959 -3 Bank of America Sacramento Main 555 Capitol Mall, Suite 1555 Sacramento, CA 95814 For credit to State of CA, CalPERS Account # 01482 -80005 Please e-mail FCSD_public_agency_wires @calpers.ca.gov and your actuary on the day of the wire to ensure timely crediting to your account. Any individual wire totaling over $5,000,000 requires a 72 hour notice. Employer Name: CITY OF SARATOGA CalPERS ID: 4261324287 Member Group or Plan: MISCELLANEOUS PLAN Rate Plan ID: 0472 Amount: $245,444 Purpose: Pay off the side fund Base(s) to which payment is applied: N/A In recognition of our payment please revise our employer contribution rate effective February 16, 2013: Name and Title: (Please Print): Signature: Mailing Address: City /State /Zip: Telephone Number: E -mail Address: Fiscal Services verification Date Received PERS01F0036 DMC (02 -2009) Reference # 45 Number: Amount Received Name and Date: aq SAA9a V � � SARATOGA CITY COUNCIL Ltxox� MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works PREPARED BY: John Cherbone Public Works Director CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Approval of Sport User Agreements - 2013 RECOMMENDED ACTION: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, Saratoga Pony League, and Los Altos -Mt. View Pony League for the use of Saratoga City parks and Prospect High School for organized sport use, and authorize the City Manager to execute the same. REPORT SUMMARY: Currently the City has executed user agreements with seven organized youth sport groups: American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Youth Soccer League (WVYSL), West Valley Lacrosse Club (WVLC), Saratoga Pony League (SPL), and Los Altos - Mt. View Pony League. The following is a summary of the user agreements the City manages: Sport User Use Location AYSO Kevin Moran Park (practice only) Congress Springs Park Prospect High School West Valley College DYSL El Quito Park (practice only) Prospect High School Kevin Moran Park (practice only) SLL Congress Springs Park QLL El Quito Park (practice only) Page 1 of 3 ., Sport User Use Location WVLC Prospect High School SPL Congress Springs Park (Los Altos -Mt. View sister club will share use of the pony field in 2013) WVYSL Prospect High School User agreements are necessary to manage sport use in the City by scheduling activities, controlling impacts to City parks, and recovering maintenance costs. The maintenance fees charged to the sports user groups that use City Parks are based on additional park maintenance required above the normal maintenance practices that would be employed, absent the impacts of a particular sport being played. Additional maintenance activities include, but are not limited to additional mowing, watering, fertilizing, seeding, aeration, clean -up, and pre and post field preparation. In addition, baseball and soccer each have different needs and place different demands on a park's infrastructure, thus they have different maintenance fees. Each year these fees go up or down based on the actual maintenance costs during the use period. Some fees charged this year were adjusted to keep pace with increases in costs. The facility use agreement between the City and the Campbell Union High School District (Prospect High School) stipulate payment for hourly usage of their fields. The hourly rate of $35 is a pass through via the youth sports groups with whom the City has user agreements. Saratoga Pony's sister club from Mt. View will continue to share the use of the Pony Field for an additional year. As with last year's agreement Saratoga Pony will be responsible for the full cost of the expenses for 2013 and it will be their responsibility to collect the appropriate proportional cost from the Mt. View club. In 2012, the 5 year use agreement between the City and West Valley College expired. The agreement granted the City limited control of two College soccer fields on Sundays during the spring and fall seasons. Although the agreement was not renewed, the College continues to allow Saratoga sport user groups to rent their fields. The City retains credits for use of College facilities for improvements made to their soccer fields in 2007. The Recreation Department is the main user of the $262,000 in facility use credits the City holds. FISCAL IMPACTS: Approximately $105,000 in annual revenue and expense. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The User Agreements would not be approved and another mechanism for the use of City parks and outside venues by sport users would need to be developed. Page 2 of 3 47 ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The User Agreements will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Sport User Agreements. Page 3 of 3 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and AMERICAN YOUTH SOCCER ORGANIZATION, ( "User Group "), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park ( "the Park "), in which City has constructed facilities, including multi -use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization- Region 27 ( "AYSO "), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December ( "Soccer Season "). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean -up of the restrooms and storage room within the snack shack building. Page 1 of 6 .. (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Prepare fields for games including lining of fields. (d) Ensuring the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway 85 by any AYSO member during the Soccer Season, AYSO's rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of the Soccer Season, for the following Soccer Season. (e) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (f) Ensuring the safety of all User Group activities. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his (her) City Page 2 of 6 50 employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Page 3 of 6 51 2. Workers' Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Page 4 of 6 52 (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director Page 5 of 6 53 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: American Youth Soccer Organization By: Date: [Sign Name] [Print Name] Its: Page 6 of 6 54 [Specify Office: President, etc.] Exhibit "A" Additional City Maintenance at Congress Springs Park — For AYSO Region 27 Soccer Pre - Season Tasks • Fill low areas with sand 8 hours • Fertilize fields 6 hours • Thatch fields 16 hours • Aeration of fields 12 hours • Rolling and leveling of fields 32 hours Regular Season Tasks • Aerate 6 hours • Mow 2 times per week 40 hours • De- thatch, thinning of turf 16 hours • Spreading of soil penetrants, and repair of wet areas /worn areas in turf 24 hours • Spot fertilizing of worn areas 12 hours • Fertilization 6 hours Total Hours 178 hours @ $38.00/hr = $6,764 • Administrative Costs: .10 x $6,764 = $676 Total Cost Labor: $7,440 Post Season Tasks /Materials - Top dressing of fields with sand $8,000 - Fertilizer $800 - Soil penetrants and turface $1,200 Total Post Season Tasks /Materials: $10,000.00 Total Cost Labor + Post Season Tasks /Materials: $17,440.00 - Re- coding of fields (if needed) +/- $2,000.00 (exact amount to be determined at end of season based on wear of turf) 55 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and LOS ALTOS -MT. VIEW PONY LEAGUE, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park ( "the Park "), in which City has constructed facilities, including multi -use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June ( "Baseball Season "). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Pony shall be entitled to the joint use of the Pony Field by Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 56 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Pony practice or games. Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Pony member during the Baseball Season, Pony's rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice /game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 57 the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and /or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and /or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 59 d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 •1 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 61 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: Los Altos -Mt. View Pony By: Date: [Sign Name] [Print Name] Its: Page 7 of 7 W, [Specify Office: President, etc.] Exhibit "A" Additional City Maintenance Tasks at Congress Springs Park For Los Altos -Mt View Pony League 2013 user group costs related to the use of the Pony League field at Congress Springs Park by the Los Altos -Mt. View Pony League shall be paid by Saratoga Pony League. Any cost sharing arrangements for use of the pony field shall be between LA -MV Pony League and Saratoga Pony League. 63 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and SARATOGA LITTLE LEAGUE BASEBALL, INC. ( "User Group "), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park ( "the Park "), in which City has constructed facilities, including multi -use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization- Region 27 ( "AYSO "), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June ( "Baseball Season "). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the AA field, Farm fields, and T -Ball fields must cease by June 1 st each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" Page 1 of 7 0 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean -up of the restrooms and storage room within the snack shack building. (b) Maintenance of electronic scoreboards. (c) Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. (e) Prepare fields for games including dragging and lining of infields. (f) Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League's rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (g) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. (h) Ensuring the safety of all User Group activities. (i) Locking of batting cages, storage areas, and storage area in Maintenance Yard. (j) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7 65 (k) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. Page 3 of 7 .. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 9. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 10. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California labor code section 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 67 volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7 .: 12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 13. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 14. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 .• IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: Saratoga Little League Baseball, Inc. By: Date: [Sign Name] [Print Name] Its: Page 7 of 7 70 [Specify Office: President, etc.] `Exhibit A' Additional City Maintenance Tasks at Congress Springs Park — For Saratoga Little League Pre - Season Tasks • Field set up; bleachers, backstops, bases, and field layouts. 32 hours • Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher's mounds. 40 hours • Renovation of practice mounds, pitchers mounds, and batters boxes on all fields. 24 hours • Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks • Reseeding of infields 8 hours • Mowing 2 times per week 30 hours • Fertilizing 2 times 12 hours • Field prep and clean up (weekly) 30 hours End of Season Tasks • Field Conversion and field removal. 81 hours • Repair of holes and sod areas 9 hours Total Hours 282 hrs @ $38.00/hr = $10,716 • Administrative Costs: Total Cost Labor: Materials - Cinder clay, pitchers mound clay - Re- soding of fields Total Material Costs: Total Cost Labor + Materials: 10 x $10,716 = $1,071 $11,787 $3,200 +/- $7,000 (amount to be determined at end of season based on wear of turf) $10,200 $21,987 71 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and SARATOGA PONY, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park ( "the Park "), in which City has constructed facilities, including multi -use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June ( "Baseball Season "). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 72 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga Pony's rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice /game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 73 the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and /or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and /or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 74 damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 75 d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 76 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 77 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: L'In Its: Page 7 of 7 Saratoga Pony Date: [Sign Name] [Print Name] [Specify Office: President, etc.] Exhibit "A" Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre - Season Tasks • Replacement of cinder clay infield mix 6 hours • Renovation of pitchers mound and practice mounds 4 hours • Scarify, roll, clean up fields, leveling 12 hours • Reseeding of infield turf and topdressing 6 hours Regular Season Tasks • Fertilizing and reseeding of infield turf 4 hours • Mowing 2 times per week 10 hours • Field prep and clean up (weekly) 12 hours • Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering, hole repair End of Season Tasks • Repair of work turf with resoding 18 hours • Aeration of field 3 hours Total Hours: • Administrative Costs Total Staff Costs: - Cinder clay and pitchers mound clay - Sod for infield turf Total Material Costs: Total Cost Labor + Materials: 79 85 hours @ $38/hr _ $3,230 10 x $3,230 = $323 $3,553 $920 650 (amount to be determined at end of season) $1,570 $5,123 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and De Anza Youth Soccer League ( "User Group "), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park ( "the Park "), in which City has constructed facilities including a soccer field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule "Exhibit B "). Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. (c) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the soccer season, at which time User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6 :1 (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Page 2 of 6 Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. Page 3 of 6 :. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All Page 4 of 6 correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 5 of 6 0 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: De Anza Youth Soccer League By: Date: [Sign Name] [Print Name] Its: Page 6 of 6 [Specify Office: President, etc.] TASK: REGULAR SEASON EXHIBIT "A" DYSL SOCCER (El Quito Park) CITY STAFF: • AIRATE (Two times /yr @ 4hrs) 16 HRS • SPIKE AIRATE (10 times /yr (k 4hrs) 40 HRS • ADDITIONAL MOWING(12 times /yr @ 2hrs) 24 HRS • OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @ $38 /hr = POST SEASON • CORE AIRATE 4 HRS • FERTILIZE 1 HRS 5 HRS @ $38 /hr = • ADMINISTRATIVE COSTS .10 X $3,268 = • TOTAL STAFF COSTS PER SEASON • FALL /SPRING SEASONS = $3,595 x 2 = MATERIALS: • TOP DRESS (Contract Work/Materials) FERTILIZE (22 -4 -4) 20 Bags x $10.50 • SEED (200 Lbs) 200lbs x $1.00 • TOTAL MATERIALS TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) _ • RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 0 $3,078 $190 $3,268 $327 $3,595 $7,190 $5,500 $210 $200 $5,710 $12,900 L-lb CLOSED NOTE: FIELD IS . -- .. L-lb AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and Quito Little League ( "User Group "), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park ( "the Park "), in which City has constructed facilities including a baseball /softball field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement Quito Little League shall have the right to use the baseball /softball field pursuant to this Agreement during the months of January through June ( "Baseball Season ").User Group shall inform City as to the starting and ending dates of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the baseball /softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. Page 1 of 6 (c) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d) No hard balls or outfield batting practice is allowed. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park (baseball /softball field), User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2013. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and /or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and /or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 :• 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities Page 3 of 6 a performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is Page 4 of 6 91 violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. Page 5 of 6 'I 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: IIn Its: Page 6 of 6 93 Quito Little League Date: [Sign Name] [Print Name] [Specify Office: President, etc.] TASK: Exhibit "A" UNWIVEIVIR CITY STAFF • Trim infield edges (258' sq ft.) 4 hrs • Pre - Season General Prep 3 hrs Including, Batter Box, Pitcher Mound Repair (fill, pack & level) Scarify & roll infield. REGULAR SEASON • Roll infield 3x during season 2 hrs • Clean Decomposed Granite off edges (weekly) 4 hrs TOTAL CITY FIRS 13hrs ( @t $38.00/hr) $494 • Administrative Costs: .10x 494 $49 MATERIALS: • Decomposed Granite /Clay Materials & Pitcher Mound & Home Plate Clay $125 TOTAL MATERIALS $125 TOTAL (HOURS, CONTRACTS, LABOR MAT'L) $668 0 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and AMERICAN YOUTH SOCCER ORGANIZATION, ( "User Group "), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park ( "the Park "). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement AYSO shall have the right to use the turf field (see Exhibit `B" for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11- 05.054: (1) The park may be used for practice use only - -no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11- 05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all AYSO activities. (c) Ensuring the safety of all User Group activities. (d) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2013. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 97 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. Page 3 of 6 a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 4 of 6 .. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional Page 5 of 6 100 branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: American Youth Soccer Organization By: Date: [Sign Name] [Print Name] Its: Page 6 of 6 101 [Specify Office: President, etc.] Exhibit "A" Additional City Maintenance at Kevin Moran Park - AYSO TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS (cry $38.00 /hr = TOTAL LABOR: $1,862 • Administrative Costs: 10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22 -4 -4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT'L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per yea DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/- $2,200 & PREP FOR SOD 102 Exhibit B h GENERAL NOTES * Z I 3T i_ — EfrE! 4 m . DVP . DR m IO Mt• STpgy w ! ."r LOC TIW Q 4. vIkll 2 mm IO SV('aIi. SEfPC? IITIL]T �IRMIIpa ,`- .! xA } —T HL W f Y rM I.- !pE IF SIW1 ,E SRfwm[D [DPRE.. E—T !m G4lE In rY OR G"Cw '1S. M! Otttltl{fL 41!( v4tw tdlD 4i 3:brE1 -j'- E rac [I.tTlcTQ iIMLI lepvl3Y ..0 arccsvaT :wTCpwL P. ftC vm D sxals ,m asL wM 11m w �C49It[n Al: ra M T[SIOG WD fTERO.ILaiO7t Q - �• / / - � L= - s !vc leaE rrs aro¢. w.oa v«9.L rnrotl: ro T.c `- ulNrlVT IS3uDDLnC!!3 fi m n Oit w1 -a Jta!lCS 90.. wvC w EP 9'fT{a{ R Im !yE w` iRTrrry2 Lurl. f[ anI[ pr !yC q/„TI{r .� aE�Cari6E - - r . / wf %� '� fi} lDri 5.3123 Practice slTyPl 1!' �$ Field B I D„ Ov T�9 3UD9lary I'G _ 1i69IrWDt� C 46x1 ien ` _ '� � %/ PraCf1C� D• `nr 9`16 �" F a Vi41F. YUIr M•T w l P r.. �+• -�- ICI :0 � ! . � f f� nfr aI .�,Ir ,Ir 1 — , a `. 4 L' I+N iN+T � / . -- - Io.P.66:90.4:•a. 1�7A{ �101h.l1� ryT-3S i b - �• J t_ STDb D14.9 I 1r��t>p 9 9 miu - - 3C�'4VYN 1E ul 3o o i o 3D - 'IY J fM .. I 2 w 103 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and DE ANZA YOUTH SOCCER LEAGUE, ( "User Group "), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park ( "the Park "). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11 -10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. During the term of this Agreement DYSL shall have the right to use the turf field (see Exhibit `B" for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11- 05.054: (1) The park may be used for practice use only - -no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11- 05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit "A" 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 104 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all DYSL activities. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c) Ensuring the safety of all User Group activities. (e) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit "A" for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2013. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and /or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 105 Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1St Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group's use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $2,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 Oct General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 107 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 Page 5 of 6 1: 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: a municipal corporation Dave Anderson City Manager Date: De Anza Youth Soccer League By: Date: [Sign Name] [Print Name] Its: Page 6 of 6 109 [Specify Office: President, etc.] Exhibit "A" Additional City Maintenance at Kevin Moran Park - DYSL TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS (cry $38.00 /hr = TOTAL LABOR: $1,862 • Administrative Costs: 10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22 -4 -4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT'L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per yea DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/- $2,200 & PREP FOR SOD 110 Exhibit B h GENERAL NOTES * Z I 3T i_ — EfrE! 4 m . DVP . DR m IO Mt• STpgy w ! ."r LOC TIW Q 4. vIkll 2 mm IO SV('aIi. SEfPC? IITIL]T �IRMIIpa ,`- .! xA } —T HL W f Y rM I.- !pE IF SIW1 ,E SRfwm[D [DPRE.. E—T !m G4lE In rY OR G"Cw '1S. M! Otttltl{fL 41!( v4tw tdlD 4i 3:brE1 -j'- E rac [I.tTlcTQ iIMLI lepvl3Y ..0 arccsvaT :wTCpwL P. ftC vm D sxals ,m asL wM 11m w �C49It[n Al: ra M T[SIOG WD fTERO.ILaiO7t Q - �• / / - � L= - s !vc leaE rrs aro¢. w.oa v«9.L rnrotl: ro T.c `- ulNrlVT IS3uDDLnC!!3 fi m n Oit w1 -a Jta!lCS 90.. wvC w EP 9'fT{a{ R Im !yE w` iRTrrry2 Lurl. f[ anI[ pr !yC q/„TI{r .� aE�Cari6E - - r . / wf %� '� fi} lDri 5.3123 Practice slTyPl 1!' �$ Field B I D„ Ov T�9 3UD9lary I'G _ 1i69IrWDt� C 46x1 ien ` _ '� � %/ PraCf1C� D• `nr 9`16 �" F a Vi41F. YUIr M•T w l P r.. �+• -�- ICI :0 � ! . � f f� nfr aI .�,Ir ,Ir 1 — , a `. 4 L' I+N iN+T � / . -- - Io.P.66:90.4:•a. 1�7A{ �101h.l1� ryT-3S i b - �• J t_ STDb D14.9 I 1r��t>p 9 9 miu - - 3C�'4VYN 1E ul 3o o i o 3D - 'IY J fM .. I 2 w 111 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT ( "Agreement "), dated , by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and AMERICAN YOUTH SOCCER ORGANIZATION, ( "User Group "), is made with reference to the following facts: A. The Campbell Union High School District ( "District ") is the owner of an educational facility, located on Prospect Road, known as Prospect High School ( "the High School "), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as Attachment "A." The Joint Use Agreement allows City to use the High School's turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School's turf fields and parking areas, provided User Group agrees to comply with City's obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City's right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School's turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment `B," and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year. User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School's turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms "Prospect High ", "Campbell Union High School District ", or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 112 2. Responsibilities of User Group. User Group may use the High School's turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School's turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment "C," for each season during the term of this Agreement. Such Page 2 of 7 113 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1St Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group's use of the High School play fields. Page 3 of 7 114 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 115 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit "A" to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City's policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 116 11. Notices. All notices or communication concerning a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA, a municipal corporation DATED: By: Dave Anderson, City Manager AMERICAN YOUTH SOCCER ORGANIZATION DATED: By: Page 6 of 7 117 DATED: APPROVED AS TO FORM.- Page 7 of 7 118 January I I February I I March I I Aril I I May I I June I I July I I August Is m t w th f sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml t Iw th f sl Is lml tlwlthl f I sl Is lml t w4hl f l sl Is lml tlwlthl f I s ■ ■■L ■ [I Attachment "C" Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00 /hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) _ $TBD (total hours) • Administrative Costs: 10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160 /month x (hours scheduled)_ $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 121 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT ( "Agreement "), dated , by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and DE ANZA YOUTH SOCCER LEAGUE, ( "User Group "), is made with reference to the following facts: A. The Campbell Union High School District ( "District ") is the owner of an educational facility, located on Prospect Road, known as Prospect High School ( "the High School "), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as Attachment "A." The Joint Use Agreement allows City to use the High School's turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School's turf fields and parking areas, provided User Group agrees to comply with City's obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City's right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School's turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment "B," and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School's turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms "Prospect High ", "Campbell Union High School District ", or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 122 2. Responsibilities of User Group. User Group may use the High School's turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School's turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment "C," for each season during the term of this Agreement. Such Page 2 of 7 123 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1St Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group's use of the High School play fields. Page 3 of 7 124 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 125 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit "A" to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City's policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 126 11. Notices. All notices or communication concerning a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA, a municipal corporation DATED: By: DATED: Dave Anderson, City Manager DE ANZA YOUTH SOCCER LEAGUE APPROVED AS TO FORM: Page 6 of 7 127 DATED: Page 7 of 7 128 January I I February I I March I I Aril I I May I I June I I July I I August Is m t w th f sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml t Iw th f sl Is lml tlwlthl f I sl Is lml t w4hl f l sl Is lml tlwlthl f I s ■ ■■L ■ [I Attachment "C" Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00 /hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: 10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160 /month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 131 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT ( "Agreement "), dated , by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and WEST VALLEY LACROSSE CLUB, ( "User Group "), is made with reference to the following facts: A. The Campbell Union High School District ( "District ") is the owner of an educational facility, located on Prospect Road, known as Prospect High School ( "the High School "), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as Attachment "A." The Joint Use Agreement allows City to use the High School's turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School's turf fields and parking areas, provided User Group agrees to comply with City's obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City's right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School's turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment `B," and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year. User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School's turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms "Prospect High ", "Campbell Union High School District ", or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 132 2. Responsibilities of User Group. User Group may use the High School's turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School's turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment "C," for each season during the term of this Agreement. Such Page 2 of 7 133 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1St Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group's use of the High School play fields. Page 3 of 7 134 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 135 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit "A" to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City's policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 136 11. Notices. All notices or communication concerning a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA, a municipal corporation DATED: By: DATED: Dave Anderson, City Manager WEST VALLEY LACROSSE CLUB APPROVED AS TO FORM: Page 6 of 7 137 DATED: Page 7 of 7 138 January I I February I I March I I Aril I I May I I June I I July I I August Is m t w th f sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml t Iw th f sl Is lml tlwlthl f I sl Is lml t w4hl f l sl Is lml tlwlthl f I s ■ ■■L ■ [I Attachment "C" Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00 /hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: 10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160 /month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 141 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT ( "Agreement "), dated , by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and WEST VALLEY YOUTH SOCCER LEAGUE, ( "User Group "), is made with reference to the following facts: A. The Campbell Union High School District ( "District ") is the owner of an educational facility, located on Prospect Road, known as Prospect High School ( "the High School "), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as Attachment "A." The Joint Use Agreement allows City to use the High School's turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School's turf fields and parking areas, provided User Group agrees to comply with City's obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City's right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School's turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment `B," and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year. User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School's turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms "Prospect High ", "Campbell Union High School District ", or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 142 2. Responsibilities of User Group. User Group may use the High School's turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre- season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School's turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment "C," for each season during the term of this Agreement. Such Page 2 of 7 143 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and /or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today ". Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1St Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group's use of the High School play fields. Page 3 of 7 144 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 145 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit "A" to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2013. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City's policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 ., 11. Notices. All notices or communication concerning a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: Name: Street: City, State, Zip: Telephone: Fax: 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA, a municipal corporation DATED: By: DATED: Dave Anderson, City Manager WEST VALLEY YOUTH SOCCER LEAGUE APPROVED AS TO FORM: Page 6 of 7 147 DATED: Page 7 of 7 .• January I I February I I March I I Aril I I May I I June I I July I I August Is m t w th f sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml tlwlthl f I sl Is lml t Iw th f sl Is lml tlwlthl f I sl Is lml t w4hl f l sl Is lml tlwlthl f I s ■ ■■L ■ [I Attachment "C" Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00 /hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: 10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160 /month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 151 SARATOGA CITY COUNCIL `711 t31j��./ MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT PREPARED BY: Public Works Iveta Harvancik Senior Engineer CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Cooperative Agreement with SCVWD for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek Repair Downstream of Wardell Road RECOMMENDED ACTION: 1. Approve the Cooperative Agreement between the City of Saratoga and the Santa Clara Valley Water District for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek downstream of Wardell Road and authorize the City Manager to execute the same. a _' I _114 1/_ u- K _ Inspections by City and Santa Clara Valley Water District staff revealed progressive deterioration of the stream bank along Calabazas Creek downstream of Wardell Road. In addition, City's 27 -inch storm drain corrugated metal pipe has corroded and concrete structure supporting it has collapsed. Staff from both agencies worked together and came to the conclusion that repairs are required to maintain the creek bank and storm drain outfall. As a result of the cooperation, an agreement between the City and the District was developed to perform the creek bank stabilization and storm drain repair and to share the associated costs. The project cost is estimated at $128,000. The City's portion will be 50% of the actual cost of the labor and material up to a maximum of $64,000. The District has expertise, equipment and experience performing stream banks repair and agreed to design, administer and execute the work including the City's storm drain repair. It is therefore recommended the Council approves the attached Agreement and budget resolution. Page 1 of 2 152 FISCAL IMPACTS: The City shall pay to the District an amount equal to 50% of the actual cost of labor and material used for the Project up to a maximum of $64,000. Funding for this project is included in the adopted CIP budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Agreement will not be executed and the storm drain will not be repaired. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The City Manager will execute the Agreement. The District will schedule and perform the work later this year. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Agreement (includes a site map) Page 2 of 2 153 AGREEMENT BY AND BETWEEN THE CITY OF SARATOGA AND THE SANTA CLARA VALLEY WATER DISTRICT FOR STREAM BANK EROSION AND STORM DRAIN OUTFALL REPAIR ALONG CALABAZAS CREEK DOWNSTREAM OF WARDELL ROAD THIS AGREEMENT (hereinafter "AGREEMENT ") is made and entered into as of the date it is fully executed, by and between the CITY OF SARATOGA (hereinafter "CITY "), a California municipal corporation, and the SANTA CLARA VALLEY WATER DISTRICT (hereinafter "DISTRICT "), a special district of the State of California. CITY and DISTRICT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS WHEREAS, the DISTRICT is the sole owner of a portion of the west bank of Calabazas Creek, as more particularly shown in Exhibit A, Calabazas Creek downstream of Wardell Road: Location Map, attached hereto and incorporated herein; and WHEREAS, erosion continues to impact DISTRICT's property described in Exhibit A on the west bank of Calabazas Creek in an approximately 800- square -foot area adjacent to CITY'S twenty -seven (27) inch corrugated metal pipe (CMP) storm drain outfall; and WHEREAS, CITY's 27 -inch CMP storm drain outfall has corroded and appurtenances have deteriorated; and WHEREAS, DISTRICT desires to prevent further erosion and finds repairing existing erosion and CITY's damaged storm drain outfall to be in DISTRICT's best interest because such repair work maintains stream bank stability and supports DISTRICT's efforts to reduce the potentol for impacting adjacent properties as a result of flooding; and WHEREAS, DISTRICT has the expertise and equipment to make such repairs on its property effectively and expeditiously, and has experience performing such work on stream banks; and WHEREAS, CITY will provide funds to DISTRICT to repair the erosion and its storm drain outfall (hereinafter "PROJECT"), and for a portion of the administrative, design, and construction costs of labor, equipment, and materials incurred by DISTRICT on PROJECT; and WHEREAS, by entering into this Agreement, the Parties are not in any manner contending or establishing any liability or causation that CITY'S storm drain outflows are the cause of such erosion; and WHEREAS, DISTRICT is willing to perform the PROJECT partially funded by CITY as described herein. NOW THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms, conditions and provisions hereinafter set forth, the Parties hereto agree as follows: !agreement by and between the City of Saratoga and the Santa Clara Valley Water District related to stream bank erosion and storm drain outfall repair along Calabazas Creek downstream of Wardell Road 154 November 2012 AGREEMENT 1. DESCRIPTION OF PROJECT SITE Approximately 800 square feet of erosion of the west bank of Calabazas Creek exists adjacent to CITY's 27 -inch CMP storm drain outfall as shown in Exhibit A, Calabazas Creek downstream of Wardell Road. Routine and supplemental inspections by CITY and DISTRICT staff have revealed progressive deterioration of the stream bank and outfall. Such erosion has compromised the stream bank and storm drain outfall at this location to a condition whereby both CITY and DISTRICT believe repairs are required to maintain the stream bank and outfall. 2. SCOPE OF WORK 2.1 DISTRICT shall perform the following: 2.1.1 Administer, design, and execute the repair of the erosion described in Section 1, and coordinate with appropriate local, state, federal, and regulatory agencies, regarding any permits or approvals necessary for carrying out the PROJECT. 2.1.2 DISTRICT, as Lead Agency under the California Environmental Quality Act (CEQA), will perform the repair work under DISTRICT's Stream Maintenance Program (SMP) Environmental Impact Report and permits, if authorized by appropriate regulatory agencies. 2.1.3 The repair entails field surveying, placing appropriately -sized boulders, backfilling behind the boulders with suitable import fill, and repairing CITY's storm drain outfall. Other affected stream bank surfaces will be hydroseeded and planted to minimize the potential for future erosion and reduce the likelihood of the stream bank being further compromised at this location. 2.1.4 DISTRICT will use its best efforts to complete the PROJECT prior to October 31, 2014, except as provided in Section 2.2.2. If DISTRICT and CITY determine this schedule cannot be met, the Parties will negotiate a revised schedule for performance and execute an amendment to this AGREEMENT. If the Parties cannot agree on a revised schedule of performance, then the AGREEMENT may be terminated in accordance with Section 6 of this AGREEMENT. 2.2 CITY shall perform the following: 221 Act promptly to issue an encroachment permit at no cost to DISTRICT, if deemed necessary by CITY, for DISTRICT to perform and complete PROJECT in a timely manner to meet the schedule set forth in 2.1.4. 2.2.2 In the event regulatory agencies determine that the SMP is not appropriate or do not otherwise provide sufficient authorization to enable DISTRICT to perform any particular portion or all of PROJECT, that Agreement by and between the City of Saratoga and the Santa Clara 2 November 2012 Valley Water District related to stream bank erosion and storm drain outfall repair along Calahazas Creek downstream of Wardell Road 155 portion of PROJECT will no longer be part of this AGREEMENT or this AGREEMENT may be terminated in accordance with Section 6 of this AGREEMENT. 2.2.3 Ensure its obligations are met as Responsible Agency under CEQA. 2.3 The designated project manager for DISTRICT for the duration of the PROJECT is Roger Narsim. DISTRICT's project manager shall have all the necessary authority to direct technical and professional work within the scope of the AGREEMENT and shall serve as the principal point of contact with CITY. The designated project manager for CITY for the duration of the PROJECT is John Cherbone. Except as superseded by existing CITY ordinance, rule, or practice, CITY's project manager shall have all the necessary authority to review, approve, and accept technical and professional work within the scope of this AGREEMENT and will serve as the principal point of contact with DISTRICT. 3. COST - SHARING OF ]PROJECT 3.1 CITY shall pay to DISTRICT an amount equal to fifty percent (50 %) of the actual cost of the labor and material used for PROJECT according to invoices submitted by DISTRICT, CITY's share not to exceed $64,000. Total PROJECT cost is estimated to be $128,000. 3.2 CITY shall make payment to DISTRICT no later than 45 days after receipt of DISTRICT's PROJECT completion notification and invoices, along with any other appropriate supporting documentation. 4. INSURANCE AND INDEMNIFICATION 4.1 In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, DISTRICT and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parry under this AGREEMENT. 4.2 DISTRICT and its contractor, if any, performing the work, will secure and maintain in full force and effect, at all times during PROJECT execution and until PROJECT completion, bodily injury insurance, property damage insurance and contractual liability worker compensation and auto coverage in forms and limits of Agreement by and between the City of Saratoga and the Santa Clara 3 November 2012 Valley Water District related to stream bank erosion and storm drain outfall repair along Calabazas Creek downstream of Wardell Road 156 liability acceptable to both DISTRICT and CITY, naming DISTRICT and CITY and their respective officers, employees, and agents as additional insured from and against all damages and claims, loss of liability, cost or expense arising out of or in any way connected with the PROJECT. 4.3 The rights, duties, and obligations of the Parties as set forth above in this Section 4 of this AGREEMENT will survive termination and expiration of Chic �C,RFFMFNT 5, ADDITIONAL PROVISIONS 5.1 A Party's waiver of any term, condition, covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition, or covenant or breach of any other term, condition, or covenant. 5.2 This AGREEMENT contains the entire AGREEMENT between DISTRICT and CITY relating to PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 5.3 If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall be valid and binding on DISTRICT and CITY. 5.4 This AGREEMENT shall be governed and construed in accordance with the laws of the State of California. 5.5 This AGREEMENT may be executed in counterparts and will be binding as executed. 5.6 The term of this AGREEMENT shall commence upon execution of the AGREEMENT by both Parties and terminate upon PROJECT completion notification by DISTRICT and receipt by DISTRICT of payment in full by CITY. 5.7 All changes or extensions to this AGREEMENT must be in writing in the form of an amendment approved by both Parties. 5.8 This AGREEMENT is entered into only for the benefit of the parties executing this AGREEMENT and not for the benefit of any other individual, entity, or person. 6. TERMINATION 6.1 Either DISTRICT or CITY may, upon thirty (30) days' written notice, terminate this AGREEMENT at any time prior to DISTRICT's commencement of the PROJECT. 6.2 Once the PROJECT work commences, this AGREEMENT may be terminated only upon the mutual written consent and terms acceptable to both Parties. Agreement by and between the City of Saratoga and the Santa Clara 4 November 2012 Valley Water District related to stream bank erosion and storm drain outfall repair along Calabazas Creek downstream of Wardell Road 157 7. NOTICES 7.1 All correspondence relating to the PROJECT, including all notices required by the terms of this AGREEMENT may be delivered by first class mail addressed to the appropriate party at the following addresses: To DISTRICT: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Attn: Roger Narsim, Engineering Unit Manager (408) 630 2928 rnarsim@valleywater.org To CITY: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: John Cherbone, Director of Public Works (408) 868 1241 jherbone@saratoga.ca.us IN WITNESS WHEREOF, the parties have executed the AGREEMENT the day and year set forth below. CITY: CITY OF SARATOGA, a California municipal corporation By: Dave Anderson, City Manager APPROVED AS TO FORM: By: Richard Taylor, City Attorney ATTEST: By: Ann Sullivan, City Clerk DISTRICT: SANTA CLARA VALLEY WATER DISTRICT, a special district By: �2���� Beau G66e, hief Executive Officer Agreement by and between the City of Saratoga and the Santa Clara 5 Valley Water District related to stream bank erosion and storm drain outfall repair along Calabasas Creek downstream of Wardell Road 158 Date: Date: Date: Date: November 2012 APPROVED AS TO FORM: By: u G'`a[,Jt Leslie Orta, Senior Assistant District Counsel Agreement by and between the City of Saratoga and the Santa Clara Valley Water District related to stream bank erosion and storm drain outfall repair along Calabazas Creek downstream of Wardell Road 159 Date: 11) -2 4 —! Z November 2012 Exhibit A Calabazas Creek downstream of Wardell Road: Location Map ,4 A' j c Agreement by and between the City of Saratoga and the Santa Clara 7 Valley Water District related to stream bank erosion and storm drain outfail repair along Calabazas Creek downstream of Wardell Road 160 ,y .€ ice` •'� �, j MAMA CO D MOaf T .. nial Ckm 1 y Water Ekh- tt November 2012 A, rA OWOJECI■ s/ oRm o/ Aim i ... a. r S �OUMALL i7 r U I !/1'i - j c Agreement by and between the City of Saratoga and the Santa Clara 7 Valley Water District related to stream bank erosion and storm drain outfail repair along Calabazas Creek downstream of Wardell Road 160 ,y .€ ice` •'� �, j MAMA CO D MOaf T .. nial Ckm 1 y Water Ekh- tt November 2012 ;� u� SAk�gTO 4 � SARATOGA CITY COUNCIL MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works PREPARED BY: John Cherbone Public Works Director CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Renewal of Heritage Orchard Maintenance Contract RECOMMENDED ACTION: Approve a five -year service contract with Matthew Novakovich for landscape maintenance of the Heritage Orchard in the amount of $98,320 per year and authorize City Manager to execute the same. REPORT SUMMARY: Currently, Matthew Novakovich maintains the Heritage Orchard and has done so in a professional manner over the past 20 plus years. Proposals for maintenance of the Orchard were solicited and Mr. Novakovich provided the only proposal for the work. It is therefore recommended that City Council approve a five year contract with Matthew Novakovich for Orchard maintenance services as described in the Recommended Action and authorize City Manager to execute the same. FISCAL IMPACTS: Funding for the maintenance contract is included in the adopted budget for Fiscal Year 2012 -13 at $85,000, which is the current yearly contract amount. The difference between the budgeted amount of $85,000 and the proposed new contract amount of $98,320 is an additional $13,320. The items that changed in cost over the last five years are as follows: Irrigation repairs: Dormant Spraying: Deer Repellant: Leaf Spray: Gopher Abatement: Brushing: Disking & Rotovating $2000 Vandalism along the paths 1800 Maturing trees planted over the last decade 2000 Increased deer activity 1500 Maturing trees planted over the last decade 300 Increased gopher activity 3000 Maturing trees planted over the last decade 1000 Fuel costs Page 1 of 2 161 Rolling 200 Fuel costs Thinning 300 Fuel costs Propping (400) Less tree varieties that need propping Fertilizing 1000 Potassium price increase Gypsum Application (680) Lower Frequency Replanting Trees 1000 More accurate figure for yearly replacement Ripping 300 Fuel costs Total $13,320 The fiscal impact for FY 12/13 is $6,660, or half of the contract increase, because the Orchard maintenance contract is on calendar year versus a fiscal year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The contract would not be approved and maintenance work for the Heritage Orchard would not continue in its current form. ALTERNATIVE ACTION (S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Maintenance Service Contract. Page 2 of 2 162 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Matthew Novakovich "Contractor "), who agree as follows: RECITALS WHEREAS, City is the owner of approximately 14.1 acres of real property, planted with apricot, prune, cherry trees in an orchard setting, and City desires to maintain the orchard using good farming practices, including but not limited to spraying, cultivating, pruning, disking, fertilizing, soil amending, watering, removing and replacing dead or missing trees, and harvesting of crops, as specifically outlined in Exhibit "A" and "B -1 ", and WHEREAS, City requires the services of a qualified Orchardist to provide the work product described in Exhibit A and B -1 of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Orchardist is duly qualified to provide the required work product; and WHEREAS, Orchardist is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF WORK Orchardist shall provide to City the work product described in Exhibit A ( "Scope of Work ") and Exhibit B -1 ( "Schedule of Work and Rates ") ( "subject to limitations that may arise due to weather conditions, the differing size and age of trees caused when older trees die and must be replaced by new, growing trees, and /or vandalism that may occur to the orchard and /or irrigation system. 2. TERM The term of this Agreement commences on January 1, 2013 and extends through December 31, 2018. This Agreement may be extended for an additional 5 -year period upon mutual agreement by the parties, provided that the parties retain the right to terminate this Agreement at all times, as provided in Exhibit B. City of Saratoga Independent Contractor Agreement Recitals 163 3. PAYMENT A. Total payment pursuant to this agreement for the year shall not exceed $98,320, providing that additional expenses may be authorized, following pre - approval by the City. Reasonable expenses incurred by Orchardist shall be reimbursed at their actual cost provided that total payments for compensation and reimbursement in each year shall not exceed the total specified above unless pre- approved by the City. B. Orchardist is required to submit invoices within 30 days of quarter end (March 31St, June 30th, September 30th, and December 31St) based on the cost for work performed and reimbursable expenses incurred prior to the period, a summary of the work performed and backup documentation (receipts/ bills) for reimbursable expenses). City shall make payments based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. City will pay invoices within (30) days of invoice approval. 4. GENERAL PROVISIONS City and Orchardist agree to and shall abide by the general provisions set forth in Exhibit B ( "General Provisions). 5. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 6. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by the Director of Public Works. 7. NOTICES Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Orchardist shall be sent to: Matthew Novakovich 14251 Fruitvale Avenue Saratoga, CA 95070 Notices to City shall be sent to: John Cherbone, Director Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 City of Saratoga Independent Contractor Agreement Recitals 164 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ORCHARDIST: Matthew Novakovich CITY OF SARATOGA, a municipal corporation ME Name: Title: Dave Anderson City Manager APPROVED AS TO FORM: Date: Date: By: Date: Richard S. Taylor, City Attorney Attachments Exhibit A - Scope of Work Exhibit B - General Provisions Exhibit B -1- Schedule of Work and Rates Exhibit C- Insurance City of Saratoga Independent Contractor Agreement Recitals 165 EXHIBIT A SCOPE OF WORK I. GENERAL CONDITIONS A. It is the intent if these specifications to present and maintain all areas as outlined in a clean, orderly and thrifty manner for public use. The term "Supervisor" shall mean the Public Works Manager or his designated representative. B. OBLIGATIONS OF THE ORCHARDIST The Orchardist, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment. Supplies, transportation, utilities, and pay all taxes as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall first be authorized by the Supervisor. C. WORKMANSHIP All material and workmanship shall be of the highest quality possible. All work shall be subject to the satisfaction of the Supervisor, who may exercise such control of the work as is required to safeguard the interests of the City and private property. D. SAFETY The Orchardist shall plan and conduct the work in a manner that will safeguard all persons from injury including the Orchardist's own employees, and shall take precautions required by all applicable governmental regulations. E. INTERFERENCE The Orchardist shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 166 F. WORK SCHEDULE All work schedules of the Orchardist shall conform to all applicable City ordinances and shall be designed in a manner to provide the desired level of service. All work schedules shall be approved in advance by the Supervisor and may be required by him to be modified at any time in order to achieve the desired level of service. G. LIABILITY FOR DAMAGES The Orchardist shall be fully responsible for any and all damage done to public or private property that results from the contractor's operations. This shall include, but not be limited to, the repair, removal and replacement, at the Orchardist's expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to the Orchardist's negligence. The Supervisor shall determine negligence. The City shall be responsible for replacing any plant material that has died as a result of acts of vandalism and theft, or is due to the City's own negligence. H. PROTECTION AND SECURITY OF WORK SITES The Orchardist may be responsible for the protection and securing of certain work sites. This may include opening and closing of said sites. The Orchardist shall obtain the necessary keys from the Supervisor for use in securing all gates and locks associated with said sites. I. RESPONSE TO INQUIRIES, CALL AND EMERGENCY SITUATIONS The Orchardist shall be required to respond promptly to any emergency situations reported by City staff and have the ability to be contacted at all times. City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 167 H. SPECIFIC CONDITIONS A. LITTER CONTROL All areas, including drainage inlets, pipes and paved areas, shall be kept free of all trimmings, grass cuttings, and litter, including broken glass or other such debris. B. MATERIALS TO BE PROVIDED BY THE CONTRACTOR The Orchardist, at his own cost and expense, shall furnish all necessary equipment, supplies and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance. These supplies and materials shall include, but not be limited to: All necessary gas, oil and parts for all equipment. All necessary fertilizers, herbicides, insecticides, fungicides, rodentcides, and mustard seed for winter cover. All necessary horticultural supplies. All parts necessary for the repair and proper maintenance of all irrigation systems. C. IRRIGATION The Orchard is irrigated by water pumped from a well located near the center of the property. An underground main line feeds several sectional valves. These valves are opened manually, running irrigation water through above - ground lateral flex tubes, to micro spray sprinkler heads which provide full coverage to the property. The Orchardist will be responsible for the manual operation of the irrigation system which shall be performed as required to maintain proper plant growth in all areas. Watering shall be accomplished at times of the day or night to ensure the health of all plants, such that the inconvenience to people using the area will be kept to a minimum. Any water runoff or overflow onto roadways, sidewalks, and hard surface areas shall be kept to an absolute minimum so as not to cause any pedestrian or vehicular hazards. Irrigation water shall be carefully applied in qualities required by the different plant species, time of year and other basic City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work •i environmental factors. The Orchardist is to conduct a system check of the irrigation system prior to an irrigation event to ensure optimum operation and to report any repairs or concerns to the Supervisor prior to any work being done. Any repair or replacement is to be considered an extra and may not be done without prior approval. The City shall pay the costs for water and power. D. FERTILIZATION Fertilization of orchard to be applied at times and with product in keeping with accepted standards of control for the variety of fruit trees in the orchard. All fertilizer must be approved by Supervisor prior to each application. Supplemental fertilizer applications for shrub and groundcover areas showing poor growth may be requested by Supervisor at Orchardist's expense. Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be permitted. Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil. The Supervisor shall be notified with a written schedule one week prior to the date of the application by the Orchardist. E. PESTICIDE APPLICATION The Orchardist will conduct maintenance in accordance with the City of Saratoga's Integrated Pest Management Plan (IPM). Deviation from the IPM Plan may only be permitted through prior consent from the Supervisor. The Orchardist shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all plant material. The Orchardist shall possess all permits and licenses required by the State of California, Department of Pesticide Regulation, prior to the application of any pesticide. Any pesticide used shall be listed on the State of California, Department of Pesticide Regulation's approved list and the Contractor shall submit all pesticide use reports to the County Agricultural Commissioner. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued the County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Supervisor prior to application. The Orchardist shall notify the Supervisor three (3) days prior to application of pesticides. The Orchardist is responsible for posting all pesticide/ herbicide work 48 hours prior to application. City will provide blank forms. Postings must be kept on site for 48 hours after application. Notices must be posted at all trail entries to the orchard. Upon completion of the City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 169 application, the Contractor shall submit to the Supervisor a copy of all pesticide use reports. Material safety data sheets must be provided to the Supervisor for all pesticide and herbicide products used and updated as new products are used. At the end of each contract year, Contractor must complete all information on the City of Saratoga Pesticide Use Record form and submit to the City within fourteen (14) days. F. WEED CONTROL At the appropriate time of year, at the discretion of the City, weed control must be monitored to take into account the annual Mustard Festival. This event is held in March of each year and the cover crop of mustard is allowed to come to maturity, providing a field of mustard blooms at the time of the event. Herbicides may be used for weed control upon prior approval of the Supervisor. Weed growth along irrigation line rows must not exceed twelve (12) inches in height. A thorough weed elimination by herbicide or hand labor must be performed at least four (4) times annually. CHI_; ZA,W11&91 Pruning, thinning, bucking and brushing to be performed in accordance with standard practice for the fruit tree variety and on a time schedule itemized in the task calendar. All pruning debris is to be collected from rows with seven (7) days. City is responsible for removal of all pruning debris from the site. H. VANDALISM AND THEFT The City shall be responsible for any acts of vandalism and /or theft, caused to areas maintained by the Orchardist. The Supervisor shall be notified immediately by the Orchardist of any committed acts of vandalism and theft. I. REPLANTS /NEW PLANT MATERIAL The Orchardist is responsible for the specific survival of shrubs and trees for one year after planting date. Where sporadic replants are performed amongst established plants, the Orchardist is to administer any supplemental watering (over and above existing programmed irrigation) by hand to specific plants. Activating an entire station to water several plants will not be permitted. Plant material that fails within the one year period is to be replaced promptly at the Orchardist's cost. City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 170 J. DEER CONTROL The Orchardist is responsible for the protection of vulnerable trees from deer damage. This may be in the form of deer repellant or temporary fencing. All materials and labor used in the process are to be furnished by the Orchardist, bearing in mind the City's IPM Policy and must be approved by the City before application. Orchardist reserves the right to shut down access to portions of the orchard and /or to use signs or portable fencing for deer control and /or irrigation operations between the months of April and October. K. GOPHER ABATEMENT The Orchardist is responsible for a consistent and humane gopher trapping procedure. L. PERIMETER MAINTENANCE Orchardist is responsible for the aesthetic and functional appearance of the wood chip and gravel trails and footpath edges that surround the orchard as it pertains to orchard maintenance practices. Any damage to the trails through orchard maintenance must be repaired within three (3) days. Edges must be redefined and kept intact at all times. Encroachment of soil through orchard maintenance onto the asphalt pathway must be cleared that same day. M. HARVESTING As the property is to be maintained as a working, fruit bearing orchard, the Orchardist is responsible for annual harvesting of fruit in a manner in keeping with the accepted orchard practices. N. INSURANCE Orchardist is required to provide insurance policy coverage with the following specifications: Commercial General/ Business Liability Insurance with coverage of $1,000,000 per occurrence/ $2,000,000 Aggregate limits for bodily injury and property damage Auto Liability Insurance with coverage of $1,000,000 combined since limit for bodily injury and property damage. City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 171 Notes to Scope of Work 1. Orchardist reserves the right to see that good farming practices are carried out at all times to insure proper care and maintenance of said Heritage Orchard. City and Orchardist agree to review proposed new uses and /or structures for the orchard and, if necessary, to modify the uses and /or structures to ensure that proper care and maintenance of the orchard can be achieved. 2. Written notification by certified mail shall be provided by City to Orchardist a minimum of five (5) business days prior to any and all work that is scheduled to be performed in the orchard by the City, its contractors and /or employees. If additional orchard maintenance is required as a consequence of work performed in the orchard by the City, its contractors and /or employees, this additional scope of work will be negotiated with the Orchardist and, if approved, will be paid to the Orchardist by the City. 3. The City may institute an orchard educational program to be developed by the Heritage Preservation Commission and the Orchardist and approved by the City Council. If necessary, insurance will be provided by the City naming Matthew Novakovich additionally insured, as part of the implementation of the educational program. City of Saratoga Independent Contractor Agreement Exhibit A- Scope of Work 172 City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 173 EXHIBIT B -1 SCHEDULE OF WORK AND RATES The following Scope of Work describes the tasks associated with typical orchard operations over a twelve month period. City and Orchardist agree that the specific frequency and timing of these tasks will vary depending on specific growing conditions and that Orchardist will use his expertise to manage the Heritage Orchard pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession. The Orchardist agrees to comply with the City's Integrated Pest Management Program in carrying out the following Scope of Work. City of Saratoga Independent Contractor Agreement Exhibit B -1 Schedule of Work and Rates 174 TIME ANNUAL WORK FREQUENCY SCHEDULE PRICE MATERIALS TASK 1 Irrigation 6 times annually April - Sept $7000 2 Pruning- Once annually Jan. - Apr Apricots Bucking & thinning and $8,600 (appx 745) when necessary Aug - Dec 3 Pruning- Every 2 years Jan. - Apr Prunes Young trees every and (appx 319) year Older trees Aug - Dec $2, 750 every other year Bucking & thinning when necessary 4 Pruning- Every 2 years young Jan.- Apr Cherries trees every year and (appx 279) Older trees every Aug. - Dec. $10,320 other Year - bucking & thinning when necessary 5 Spraying- Dormant Once per Winter Jan., Nov., Dec. $3,500 6 Spraying- Fungicide 10 applic's /yr Feb. - Apr. $3,600 7 Spraying Deer Repellant 39 applic's /yr Apr. - Oct. $6,000 8 Spraying- Round- up of strips 3times/yr Contact -Pre emergent Apr., June, Aug., Nov. $7,000 City of Saratoga Independent Contractor Agreement Exhibit B -1 Schedule of Work and Rates 174 City of Saratoga Independent Contractor Agreement Exhibit B -1 Schedule of Work and Rates 175 Total: $98,320 9 Spraying - Leaf Spray When necessary (2 times /yr) $4,500 10 Gopher Abatement Every month Jan. - Dec. $500 11 Mowing Once Annually March $650 12 Brushing Twice Annually Fall, Spring $9,200 13 Disking & Rotovating 6x /year Mar -June Aug., Sept., Nov $7,000 14 Rolling Once Annually June $1,200 15 Thinning When Necessary May $5,700 16 Propping (incl. take down) When Necessary June; pick up in Au $1,800 17 Fertilizing Once Annually August $3,600 18 Mustard Seed Planting Once Annually Drill& Disking October $2,000 19 Gypsum Application Every 3 -4 Years October $4,300 20 Harvesting of Fruit wally July, August N/A N/A 21 Replanting Trees Annually (average 50 trees / r) Jan/Feb $3,100 22 Ripping g m When Necessary Light/Heavy Light/Heavy $2,000 23 Transport (Rental) $4,000 City of Saratoga Independent Contractor Agreement Exhibit B -1 Schedule of Work and Rates 175 Total: $98,320 City of Saratoga Independent Contractor Agreement Exhibit B -1 Schedule of Work and Rates 176 EXHIBIT B GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Orchardist shall be an independent contractor and shall not be an employee of City. Orchardist shall complete the Scope of Work required to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Orchardist is engaged in the geographical area in which Orchardist practices its profession. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Orchardist shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Orchardist's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Orchardist shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Orchardist shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. S. BENEFITS AND TAXES Orchardist shall not have any claim under this Agreement or otherwise against City for seniority, City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 177 vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Orchardist shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Orchardist shall indemnify and hold City harmless from any and all liability that City may incur because of Orchardist's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Orchardist. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Orchardist is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Orchardist shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Orchardist shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Orchardist shall ensure that all employees of Orchardist and any subcontractor retained by Orchardist in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ( "DIR "). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 178 at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Orchardist represents and warrants that, to the best of the Orchardist's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Orchardist, or that the Orchardist has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Orchardist agrees that if an actual or potential conflict of interest on the part of Orchardist is discovered after award, the Orchardist will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Orchardist has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Orchardist shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Orchardist nor any member of any Orchardist's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Orchardist's operations or authorizes funding to Orchardist. 9. COMPLIANCE WITH LAWS a. In General. Orchardist shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Orchardist represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Orchardist to practice its profession. Orchardist represents and warrants to City City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 179 that Orchardist 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 Orchardist to practice its profession. In addition to the foregoing, Orchardist shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Orchardist shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug -free Workplace. Orchardist and Orchardist's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Orchardist nor Orchardist's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Orchardist or any employee or subcontractor of Orchardist is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Orchardist, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Orchardist assures and agrees that Orchardist will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Orchardist pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Ochardist City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions :1 shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Orchardist (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use of Recycled Products. Orchardist 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. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report /design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report /design responsibility" as per the sample below. Seal and Signature of Registered Professional with report /design responsibility. 11. CONFIDENTIAL INFORMATION Orchardist shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Orchardist shall return materials which contain any confidential information to City. Orchardist may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Orchardist which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Orchardist shall take all responsibility for the work, shall bear all losses and damages directly or City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 181 indirectly resulting to Orchardist, 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 to the extent predicated on active or passive negligence of the Orchardist or of any subcontractor. 13. INDEMNIFICATION Orchardist and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Orchardist acknowledges that City would not enter into this agreement in the absence of the commitment of Orchardist to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Orchardist shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Orchardist as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Orchardist shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Orchardist under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Orchardist expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Orchardist agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Orchardist City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions :i in the performance or subject matter of this Agreement. In the event Orchardist fails to obtain such indemnity obligations from others as required here, Orchardist agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Orchardist and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Orchardist acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Orchardist or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Orchardist shall procure and maintain for the duration of the contract insurance as set forth in Exhibit C. The cost of such insurance shall be included in the Orchardist's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Orchardist shall not be in default if Orchardist promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 183 seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Orchardist commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here -from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non - binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions ., 20. NOTICE OF NON - RENEWAL Orchardist understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Orchardist under this Agreement be supplemented or continued by Orchardist under a new agreement following expiration or termination of this Agreement. Orchardist waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Orchardist following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Orchardist's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. City of Saratoga Independent Contractor Agreement Exhibit B- General Provisions 185 EXHIBIT C INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s) /agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/ Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence /$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury /$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in 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 $2,000,000 combined single limit for bodily injury and property damage City of Saratoga Independent Contractor Agreement Exhibit C - Insurance i• $ 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 consultant, regardless of where the vehicles are kept or driven. X Professional/ Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/ Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three -year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/ Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) City of Saratoga Independent Contractor Agreement Exhibit C - Insurance 187 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: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. City of Saratoga Independent Contractor Agreement Exhibit C - Insurance im 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Saratoga Independent Contractor Agreement Exhibit C - Insurance i• SARATOGA CITY COUNCIL �LrFOxz�. MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Amendment to Contract for Ground Movement Potential Mapping RECOMMENDED ACTION: Approve an amendment to an existing contract with Cotton, Shires and Associates, Inc. for additional mapping work in the amount of $17,000. BACKGROUND: In late 2011, the City was informed that it had been awarded a 2008 Disaster Recovery Initiative (DRI) grant in the amount of $175,000 from the State of California Community Development Block Grant (CDBG) Program to update the Safety Element of the General Plan and perform associated mapping work. In May 2012, the Council awarded a contract to RBF Consulting to update the Safety Element of the General Plan and a separate contract to Cotton, Shires and Associates, Inc. in the amount of $50,000 to prepare a ground movement potential map of the entire City. Staff is seeking authorization to amend the contract with Cotton, Shires and Associates, Inc. to expand the scope of the agreement to include ground movement potential mapping in the City's sphere of influence. General Plan maps typically include the sphere of influence. Consequently, the additional mapping would bring the ground movement potential map into conformity with other General Plan maps. Additionally, mapping the sphere of influence will aid long -term planning efforts and allow the City to identify areas outside of Saratoga that are prone to instability. There are sufficient City of Saratoga DRI grant funds remaining to perform the additional mapping work. FISCAL IMPACTS: The DRI grant awarded to the City is sufficient to cover the additional costs associated with ground movement potential mapping in the City's sphere of influence. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 2 190 �a ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Amended Contract Page 2 of 2 191 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Cotton, Shires and Associates, INC., ( "Contractor "), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated May 16, 2012 ( "Original Agreement "); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the scope and total payment amount by entering into this Amendment to the Original Agreement. - - -The remainder of this page is intentionally left blank - -- 192 NOW THEREFORE, the parties hereto agree as follows: 1. Amended Scope of Work. The Scope of Work terms included as Exhibit A -1 to the Original Agreement are hereby supplemented with additional Scope of Works terms included as Exhibit A to this Amendment Agreement. 2. Amended Payment Terms. Paragraph 1 of Exhibit B to the Original Agreement is amended to delete the not to exceed amount of fifty thousand dollars ($50,000) and replace it with a not to exceed amount of sixty -seven thousand dollars ($67,000). IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: By: Dave Anderson, Date City Manager Attest: Crystal Bothelio, Date City Clerk Approved as to Form: Richard S. Taylor, Date City Attorney Contractor: S (Name). (Title) Attachments Exhibit A -1: Additional Scope of Work and Additional Payment Terms Exhibit B -1: Original Agreement 193 Date COTTON, SHIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOL ©GISTS January 18, 2013 05042 TO: Iveta Harvancik Senior Engineer CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Safety Element Text Review and Expanded City Map RE: Ground Movement Potential Map Saratoga, California Dear Ms. Harvancik: At your request, Cotton, Shires and Associates, Inc., (CSA) has prepared the following proposal to complete additional ground movement potential mapping. We understand that the City would like CSA to expand ground movement potential mapping to cover the Sphere of Influence area depicted on the attached figure. In addition, we have been requested to review draft text of the Safety Element related to geologic and geotechnical issues. We propose the following scope of work, schedule, and fees to complete the above tasks. SCOPE OF WORK 1. Expanded Ground Movement Potential Map - We will compile existing published map data (including California Geologic Survey and USGS funded work), and complete new City GMP mapping for areas within the designated Sphere of Influence Area located beyond City limits. Fault alignments will be updated based on readily available data including recent fault investigations on private parcels available through the County Geologist. All compiled mapping data will be merged to prepare a single Ground Movement Potential Map of the City. Paper copies of the draft map will be presented for proofing by City staff. Northern California Office Central California office southern California office 330 Village Lane 6417 Dogtocvn Road 550 St. Charles Drive, Suite 108 Los Gatos, CA 95030 -7218 San Andreas, CA 95249 -9640 Thousand Oaks, CA 91360 -3995 (408) 354 -5542 & Fax (408) 354 -1852 (209) 736 -4252 • Fax (209) 736 -1212 (805) 497 -7999 • Fax (805) 497 -7933 www.cotto4 ires.com Iveta Harvancik Page 2 January 18, 2013 G5042 We understand that the City will provide precise boundaries for the Sphere of Influence. We also understand that recent LIDAR topography is available in the public domain that is suitable for the neap base. The above map preparation will include extensive aerial photographic analysis and limited geologic field mapping (estimated field time not to exceed 4 working days). Our work will include initial geologic mapping of landslide distribution followed by conversion into ground movement potential categories. We will delineate mapped fault traces within Psf zones. We will also incorporate State mapped liquefaction hazard zones (if present) in addition to other existing City GMP categories. New mapping will further extend ground movement potential categories recently completed within City Limits. Final electronic map files will be provided to the City along with a mounted color map. The product will be a single ground movement potential map of the entire City extending out to the designated Sphere of Influence limits. We will provide the City with a hard (paper) copy of the final colored map plus electronic files (Arc GIS shapefiles and PDF for website posting). 2. Safety Element Text Review - We will review the technical accuracy of geologic and geotechnical aspects of the draft Safety Element and generate formal comments. We will also address any apparent geologic or geotechnical topics that appear to be lacking within the Safety Element. SCHEDULE We are prepared to initiate work on the extended mapping immediately upon authorization to proceed. We anticipate a period of four weeks will be required to complete the proposed mapping work. We anticipate completing comments on the draft Safety Element within one week of authorization to proceed. FEES We estimate a cost for the above work items will not to exceed $17,000. This includes a 15% reduction from the personnel rates indicated on our attached Schedule of Charges. We offer the City this rate reduction based on our long standing relationship. 195 COTTON, SHIRES AND ASSOCIATES, INC. Iveta Harvancik Page 3 AGREEMENT If you agree with the Scope of Work, Schedule, sign one copy of this proposal and return it to our office. will constitute authorization for us to proceed. January 18, 2013 G5042 and Fee outlined above, please Receipt of the signed proposal We look forward to providing you with the professional services discussed above. If you have any questions, or need additional information, please contact us. Respectfully submitted, COTTON, SHIRES AND ASSOCIATES, INC. Ted Sayre Principal Engineering Geologist CEG 1795 Reviewed by: David T. Schrier Principal Geotechnical Engineer GE 2334 Approved and Authorized By Date TS:DTS:kd Attachment: Ground Movement Potential Mapping Limits (Figure) 196 COTTON, SHIRES AND ASSOCIATES, INC. +rtts- 61 10, s r i ytixaYr E cqlrp #+ � ��' ��, �l 1FU+ �i�ra =�'rfir�rr�'�Ls��tarttiru�a� r• rrriiC",:.,,,.•.=q �7 11.4 is. . I rr� �1Y.1.� `►. Art; •. �t�►� ■r«. _` �l!��=��....� !I'� %�'�a�1i����, ash .fir �-(y�� .R ��,. ++►' �rr'r "'1r/ '`1� �� ■n■ tf�' sr �j� �*r � � � r' ..Errs _ �� �� r�� ►i� ��,�s"�t�a"4:��'+ '� t•• ur t 44-i .1 1A A a w", scolk Amm'Affim at rrt t � 4 r s ff ME Rm WIT 197 - ��r� ,-!t`�ca-r^s�- �:�•�^4--rF-v � t.r5 . erx- r � -r. >_ � aarms' r r,<r A1��]j y � ■�# { F�r1 r C� MAP. •eOWM" ��( � �..•F a 3�5�'+ aGS .a$. is ` i'i �`� ',-�_ 4 HAR AM \. 1 z lr'.- h� �� HER:! �+ar�''a _ �5,:�j::`�lY^�n.darlxyr NEI MIN o�i��� et5lte`.�i „ ' .�i - /�ili��i y9�W � M� u1C�,7c���'`F;I lkl- �rY �'.�� � .k +t: ' °.fin 2? � 1_1 _ �r y�try t F�ila, g y3�` �p we�..If:�r+� Y."'r+r� +df[ �"si#[ tt.h Hip Hi �z �xs 2 v `�.r��'t�t� 43v�Rlq��:a Sttf R^j✓ o- t`^y�g twL FAME WON r # ! °# d4[aal #Rtl #atlg aC H+t^ 9 *SEMI S' �����►F�.t lll�la����- ,s ��a�i�j*��!�s� :�&t " �'.�! ,A� 3 ;�,r~ ;�_�.-Y � °•fix � 'r��• • KIa . j • rel r d Y dmII 4 �:, . =� r itl *.�Rr�.`�i.��!l�'.�4y�_��„�./�� F[ s'�t +�} '�� &M-i Ei�� � 4 n?`,ri+?e- �.aMti4 �Ei ,�''R� # I ��� a_ . li l�'Sii irTi'1 N *Y ��� :: ��£ •FJ t o --.r F R Pais T •.rr iM�t* ��'.1!tr! 1�' ■1►rsa s��.1: + �.�t� :« ��S`•��..7��jjt���t�ty�t r' "' r is � iFCsTiriHf ��'na�ri 1 i r larnaua`.al, wit IIII w r 070211411, ���' �G�i���1��1! 4` ■� � /! a MRSOZY24.1 ! �►"` x�Y�� Jifs`%t i�' �► .� b"i• �a1`�l'ij i ��op.�.�f�n.��t�_ t► tygaIM=A" rwaffir -7i Im!Y--__- WPIFrrtio :tra rustt-Wa-- +rtts- 61 10, s r i ytixaYr E cqlrp #+ � ��' ��, �l 1FU+ �i�ra =�'rfir�rr�'�Ls��tarttiru�a� r• rrriiC",:.,,,.•.=q �7 11.4 is. . I rr� �1Y.1.� `►. Art; •. �t�►� ■r«. _` �l!��=��....� !I'� %�'�a�1i����, ash .fir �-(y�� .R ��,. ++►' �rr'r "'1r/ '`1� �� ■n■ tf�' sr �j� �*r � � � r' ..Errs _ �� �� r�� ►i� ��,�s"�t�a"4:��'+ '� t•• ur t 44-i .1 1A A a w", scolk Amm'Affim at rrt t � 4 r s ff ME Rm WIT 197 COTTON SHIRES AND ASSOCIATES INC. SCHEDULE OF CHARGES LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 1 of 2) January 2012 Personnel Charges Expert Witness Consultation Charges Senior Principal Engineer /Geophysicist -------- --- ------- $ 255 /hr Expert -witness testimony for court appearances and binding arbitrations Principal Geologist/ Engineer .----- ----- --------- -- ------- --, $ 215 /hr shall be charged on a daily basis (minimum one day increments) at a Supervising Geologist /Engineer ___________________________ $180 /hr rate of $3,880 per day. Deposition testimony shall be charged at a rate of Senior Geologist /Engineer ________ _________ _ _____________ $150 /lhr $485 per hour (mninimum one hour charge). Preparation time for Senior Staff Geologist/ Engineer __ _________ _________ ____ $135 /hr depositions or court appearances shalt be charged on a time -and- expense basis in accordance with the Personnel, Equipment, and Staff Geologist/ Engineer ------------------------------------ $120 /hr Expense charges listed herein. Field /Laboratory Technician --- -- ------ -- ------------ - - - - -- $100 /hr Technical Illustrating g 85 /hr Laborato Testing and Geo h sisal Service Charges Clerical/ Accounting _ _________ _________________ __ _ __ _ ___ _ _ __ $ 70 /hr Laboratory testing and geophysical services shall be charged on a time - and- materials basis in accordance with the Personnel, Equipment, and Equipment and Supply Char es Expense charges listed herein. Inclinometer System ----------- -- -- ----- --- --- -- -- ------ - --- -- $150 /day Laboratory samples shall be stored for 64 days after the date of final Piezometer Data Acquisition System ______ ________________ S75 /day report submittal unless special arrangements are made for longer Total Station Surveying Equipment ------------------------ $ 200/ day storage. GPS/Reflectorless Surveying Equipment ---------- --- ---- $300 /day Expense Charges (Receipted Costs Plus 15% Nuclear Moisture /Unit Weight Gauge ________ ________ ____ $140 /day Rope Climbing Safety Equipment__________________________ $200 /day Travel expenses including air fare, lodging, velicle rental, etc. Velooty or Suspended & Bed Load Sampling Equipment S 100 /day (either actual receipted costs plus 15% for meals or a flat Multi- Channel Seismograph System and ReMi subsistence charge of $55 per diem for overnight stay shall be $250 /da y charged in addition to the lodging cost) Vehicle Mileagc*----------------------------------------------- $355 /mi Excavation subcontractors and expendable field supplies *mileage will be adjusted per IRS rate Reproduction of drawings Aircraft Mileage - -------------------- ------- -- ----- -- ---- --- - - -- $1.29 /rani Photograph printing Special fees, permits, insurance, etc. Photocopying (B &W- Color) --- ---- ------ ---- --- -- -- --- - -- - -- $ .15 -.40 /copy Conference call telephone costs Engineering (Large Format) Copier __ ________________ ___ _ __ S .40 / fit Special mail service (air, electronic, courier, etc.) Computer Assisted Color Plotting $10 s ft. Special equipment rental p g _ - - -- / q' Special consultant fees Limitations and Terms for Professional Services AGREEMENT - This Schedule of Charges, Limitations and Terms for Professional Services as an attachment to a signed Proposal or Client Contract constitutes an "Agreement" between COTTON, SHIRES AND ASSOCIATES, INC. (CSA) and the Client. Client has authorized commencement of the work under this Agreement by signing the "Approved by" section of the Proposal or Contract. The Agreement is hereby incorporated and made part of the Contract between the parties. In consideration of the mutual Agreement set forth herein and intending to be legally bound, the parties hereto agree as to the following: Invoicing and Payment -- Client shalt pay CSA compensation as outlined in the Proposal or at the rates determined in the above Schedule of Charges and according to the payment terms below. Invoices may be prepared and submitted by CSA on a monthly basis or when the wort: is completed, at GSA's option. Payment is due upon receipt and is past due thirty (30) days from date of invoice. A service charge of 1.5% per month, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by the Client. If payment of invoices is not current CSA may suspend performing farther work at no liability, to CSA. Relationship between CSA and Client - CSA is retained by the Client to investigate and to consult with the Client regarding the Project, as defined in the Proposal. Client shall provide CSA in writing with all information relevant to the Project and shall advise CSA of any condition known to Client that may affect CSA's performance miner this Agreement. CSA's services are for the benefit of the Client, but Client recognizes that the extent of those services is limited by the time -frame chosen and the hinds expended by the Client for the investigation. CSA has no responsibility for the work product of any independent consultants required for the Client's Project, nor for completeness, adequacy, or quabby of said independent consultants' work, or specialty work. Information Provided by Client - CSA and the Client shall discuss and agree upon the information needed for rendering of services hereunder- The Client agrees to provide to CSA all such information as agreed to be necessary. With respect to such information, the Client understands and agrees that CSA will rely solely upon the Client to ensure the accuracy and completeness thereof, as the Client recognizes that it is impossible for CSA to assure the accuracy, completeness and sufficiency of such information. Ownership of Documents and Proprietary Information - This proposal and all documents, including, but not limited to, drawings, specifications, computer disks, reports, calculations, and estimates, prepared by CSA in connection with this Agreement ( "CSA Confidential Information ") are instruments of service and are intended for the sold use of the recipient hereof, and may not, except as otherwise described herein, be disclosed, distributed, or disseminated in any form without the prior written consent of CSA. The CSA Confidential Information is and shall remain the sole property of CSA. Client may distribute documents generated by CSA in connection with CSA's services under this Agreement to third parties, provided that said third party agrees in writing to be bound by the confidentiality and ownership of documents provisions of tlhis Agreement_ The terms of this Section shall survive the termination of this Agreement. 198 COTTON, SHIRES AND ASSOCIATES, INC. CSA SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 2 of 2 Public Liability - COTTON, SHIRES AND ASSOCIATES, INC. is a California Corporation protected by Worker's Compensation Insurance (arid /or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage, and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, if specifically directed by you, will procure additional insurance (if procurable) to protect us at your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. Standard of Care and Professional Liability - In performing professional services, CSA shall use that degree of care and skill ordinarily exercised under similar circumstances by members of our profession at the lime the services are performed. No other representation or warranty, express or implied, is made or intended in this Agreement, by our proposal for consulting services, by our furnishing oral opinion or written reports, or by our inspection or work. However, should we or an), of our professional employees be found to have been negligent in the performance of professional services or to have made and breached any express or implied warranty, you agree that the maximum aggregate amount of your recovery against us and /or said professional employees shall be limited to $50,000 or the amount of the fee paid us for professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater. Moreover, client agrees to indemnify us against damages in excess of $50,000 or the amount of our fee, whichever amount is greater, arising from suits brought against us by third parties, in connection with our work performed on your project. Notices - All notices in writing to be given herermder by either part)' to the other party shall be served by letter or sent by facsimile. Assignment - Neither this agreement nor the benefits or obligations under this Agreement shall be sold, assigned or transferred by either party to any third parties including subsidiary or affiliated companies without the prior written approval of the other party, with such approval not to be unreasonably withheld by either. In the event the approval is given by either for assignment or transfer, such an approval shall not relieve either from any liability and /or responsibility under the Agreement. Termination/ Cancellation - Client and CSA twill have the right to terminate this Agreement for their convenience by giving ten (10) days prior written notice. After termination, CSA will be reimbursed for services rendered and necessary expenses incurred to tlhe termination date upon submission to Client of detailed supporting invoices. The obligations of paragraphs 3, 4, and 6 remain in effect after termination. Change in Scope of Work - If, during the performance of the work under this Agreement, it is determined that the scope of work has expanded or changed such that additional expenditures are required, the client shall be notified and approval from the client shall be received prior to the performance of the additional services. Dispute Resolution - CSA and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing nhechanisrn and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues hi dispute to higher authority within each participating party's organization for resolution. Failing resolution of conflicts at the organizational level, CSA and Client agree that any remaining conflicts arising out of or relating to this Agreement shall be submitted to non - binding mediation unless CSA and Client mutually agree otherwise. If the dispute is not resolved through non - binding mediation, then tine parties may take other appropriate action subject to the other terms of this Agreement. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of the other party, its employees or agents. Should litigation or arbitration occur between the parties relating to the provisions of this Agreement all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys' fees reasonably incurred by the prevailing party shall be paid by the non - prevailing party. Governing Law - The validity, performance, and construction of this Agreement, and the relationship between Client and CSA shall be governed and interpreted in accordance with the substantive laws of California, United States of Annerica, without regard to its choice of law rules. This Agreement shall be construed as to its fair and not strictly for or against either party. lobsite Safety - Neither the professional activities of CSA, nor the presence of CSA employees and CSA subconsultants at a construction site, shall relieve the contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health of safety precautions required by any regulatory agencies. CSA and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the general contractor and its various subcontractors are solely responsible for jobsite safety, and warrants that this intent shall be made evident where appropriate in the Client's agreements with other contractors. if the Client is a Contractor or Subcontractor on the Project, the Client also agrees that the Client, CSA, and CSA's consultants shall be indemnified and shall be made additional insureds wider the client's general liability insurance policy; in other cases, the Client agrees to arrange for this indemnification and additional insureds under the General Contractor's general liability insurance policy. Field Exploration - Unless otherwise agreed, the client shall furnish right -of -entry on land for planned field operations. The client shall also provide CSA with locations and depths of buried utilities and structures. CSA shall take responsible precautions to nninimize damage to land from use of equipment, but our fee does not include cost of restoration of damage resulting from our exploration operations. CSA shall not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on plans furnished to us. Miscellaneous - In the event of any litigation or proceeding involving CSA and Client, the prevailing part), shall be entitled to recover its reasonable legal fees, expert fees, and normal employee rates and associated costs from the non - prevailing party. Failure by Client to object to any of the terms and conditions contained in this Agreement before the commencement of services by CSA will be deemed an acceptance of such terms and conditions. Notwithstanding anything to the contrary in this Agreement, CSA and Client agree that neither party shall be liable for any special, indirect,. consequential, Iost profits, or punitive damages. If any tern[, condition, or provision of this Agreement is found unenforceable by a court of Jaw or equity, this Agreement shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Agreement. 199 COTTON, SHIRES AND ASSOCIATES, INC. Contract For: Cotton, Satires, and Associates, Inc. CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and City of Saratoga "Contractor "), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ( "Scope of Work "). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on MU 16, 2012 and extends through November 30, 2013 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit. D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ( "Payment "). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor Cite of Saratoga Independent Contractor .-Agreement 200 Page 1 of 21 Contract For: Cotton, Shires, and Associates, Inc. shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ( "Facilities and Equipment "), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ( "General Provisions "). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Crystal Morrow ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the term of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving. Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any City- of Saratoga Independent Contractor .agreement 201 Page2of21 Contract For: Cotton, Shires, and Associates, Inc. other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: William R. Cotton, President Cotton, Shires and Associates, Inc. 330 Village-Lane Los Gatos, CA 95030 Notices to City shall be sent to: Have Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. City of Saratoga Independent Contractor _agreement 202 Page 3 of 21 Contract For: Cotton, Shires, and Associates, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By, Date: f (& f Z Print Name: Position: V(r_e. ?rte (A 1 � •t�.J k� CITY OF SARATOGA, a�municipal corporation By: ° 2 fP Date: Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: City Attorney Attachments Exhibit A -- Exhibit B -- Exhibit B--1 -- Exhibit C -- Exhibit D -- Exhibit E -- — Z.7 — Z.c1 ? Date: z � l Scope of Work Contract Payment and Reporting Schedule Rate Schedule Facilities and Equipment General Provisions Insurance Requirements City of Saratoga Independent Contractor agreement 203 Page 4 of 21 Contract for: Cotton, Shires, and Associates, Inc. EXHIBIT A SCOPE OF WORK [ Scope of Work I City of Saratoga Independent Contractor 'agreement Exhibit A — Scope of Work 204 Page a of 21 r&V COTTON, 'SHIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS March 23, 2012 G5042 TO: Iveta Harvancik Senior Engineer CITY OF SARA`1"OGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Updated Proposal for Preparation of New City Map RE: Ground Movement Potential Map Saratoga, California Dear Ms. Harvancik: At your request, we have prepared the following updated cost estimates and proposal for preparing a new City snap. As you are aware, the City Geology and Movement Potential Maps prepared for the Congress Springs Study Area (1977), the Calabazas Creek Watershed Area (1980), and the Lower Hillside Area (1985) have not been updated. Over the last 25 years, significant additional information has been accumulated regarding the activity and locations of thrust faults that cross the City including zones of linear surface cracking observed iirunediately following the 1989 Lorna Prieta earthquake. Traces of the Monta Vista fault and possibly Sharulon fault cross through the northeastern portion of the City (area not currently covered by detailed City geology or movement potential maps). We understand the City staff makes greatest use of the Ground Movement Potential (G&IP) Map and desires an updated GMP Map extending out to designated future City Limits (per attached figure). Consequently, this proposal focuses on preparation of a GIVIP A+Iap covering the entire City, including expansion to designated future City Limits. Mapping will be prepared in Arc GIS compatible format (shapefiles). Some of the benefits of an electronic map format include the following: • Ideal for web posting as PDFs for public download; • More readily updated in the f ltt.tre; • Use of colors results in a significant improven-tent for user understanding; • Electronic format allows users to zoom in on selected properties; • The most current topography and parcel raps can be utilized as base neaps for geologic symbols; and Maps will lie prepared for GIS applications (utilizing GIS shapefiles). Northern California Office Central California office Southern California Office 3311 Pillage Lane 6417 Dogtown Road Yi0 St. Charle's Ilrive, Suitt. 103 Los Gatos, CA 93030.72113 San Andreas, CA 932.19- 11640 Thousand oaks, CA 91360-3993 ( -105) 35- 1 -15 -12 • Fax (A08) 314 -18 ;2 QW) 736 -4252 • Fax (209) 7311.1212 (305) 497 -7994 • Fax (805) 497 -7933 www.cotto 11 s tres.00111 205 Iveta I- larvancik Page 2 SCOPE OF WORK March 23, 2012 G5042 We propose completion of the following tasks to prepare a Ground Movement Potential Map for the City. Full City Ground Movement Potential Map M Compile existing City map data, published map data (California Geologic Survey and USGS funded work), and complete new City GNIP mapping for areas within the future designated City limits but outside the limits of the existing Congress Springs, Calabazas Creek, or lower Hillside map areas. Fault alignments will be updated based on readily available data including recent fault investigations on private parcels. All compiled mapping data will be merged to prepare a single ground movement potential reap of the City. A color map will be prepared utilizing Arc GIS (shapefiles) and as PDFs. Paper copies of the draft map will be presented for proofing by City staff. We understand that the City will provide a Parcel base map and street centerline shapefiles. We understand that recent LIDAR topography is available in the public domain and we assume that this topography will be suitable for the map base. Depending on map appearance, we may also use orthophotographs (provided by City) as part of the mapping base. Final electronic map files will be provided to the City along with a mounted color map. The product is a single ground movement potential map of the entire City extending out to the designated future City linuts. The above map preparation will include aerial photographic analysis and limited geologic field mapping within portions of the future City limits 'Where existing detailed mapping does not exist. When transferring existing GMP boundaries from older maps to new base reaps, we intend to define updated boundaries considering ,geomorphic feature evident on LiDAR generated topography. We will delineate mapped fault traces within Psf zones. We will also incorporate State snapped liquefaction hazard zones (as a stipple pattern) in addition to other designated existing City GMP categories. We will provide the City with a hard paper copy of the final colored map plus electronic files (Arc GIS shapefiles and PDF for website posting). SCHEDULE We are prepared to initiate work on the proposed map immediately upon authorization to proceed. We anticipate a period of three to four months will be required to complete the proposed mapping work. CO'T'TON, SI-IIRES AND AssociATES, INC. 206 lveta Harvancik Page 3 FEES March 23, 2012 G5042 We estimate a cost for the above work not to exceed $50,000. This includes a 15% reduction from the personnel rates indicated on our attached Schedule of Charges. We offer the City this rate reduction based on our long standing relationship. AGREEMENT If you agree with the Scope of Work, Schedule, and Fee outlined above, please sign one copy of this proposal and return it to our office. Receipt of the signed proposal will constitute authorization for us to proceed. We look forward to providing you with the professional services discussed above. if you have any questions, or need additional information, please contact us. Respectfully submitted, Wf -FON, SHIRES AND ASSOCIATES, INC. Ted Sayre Principal Engineering Geologist CEG 1795 reviewed by: 6��-7 Lwv David T. Schrier Principal Geotechnical Engincer GF 2334 Approved and Authorized By Date TS:DTS:kd Attachment: Ground iMovement Potential Mapping Limits (Figure) COTTON, SHIRES AND AsSOCIA'f Es, INC. 207 Contract For: Cotton, Shires, and Associates, Inc. EXHIBIT B PAYMENT 1. TOTAL COMPENSATION. City shall pay Contractor at the rates set forth on the attached rate schedule, exhibit B -1. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A -- Scope of Work of this Agreement shall not exceed fifty thousand dollars ($5(7.00JO 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Dourly bates schedule is shown on Exhibit B -1. Invoices shall be sent to the City no later than the 15th of the month following the month term being invoiced for. Invoices shall contain the following information: i. Serial identifications of bills for each applicant/ project, i.e. Invoice No. l on each individual invoice sheet. ii. Reference the City's application number per applicant/ project (as identified on the City transmittal cover sheets) on each individual invoice sheet. iii. The beginning and ending dates of the billing period on each individual invoice sheet. iv. A summary cover sheet containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City- of Saratoga Independent Contractor _lgreement Exhibit B - Payment No Page G of 21 Contract For: Cotton, Shires, and ,associates, Inc. EXHIBIT B -1 RATE SCHEDULE [ Rate Schedule ] Cin• of Saratoga Independent Contractor agreement Exhibit B -I — Rate 209 Page 7of21 COTTON, Sll1Rl:s AND A SOCIATES,_INC SCHI Dl.l1-E OF C11AIWES,_LI fITATIONS AND TERN-15 FOR PRO SSIONAL SI:RVICT-_S_(Pag e Z of 2 January 2012 Personnel Charges f•:xyert 44''liness Consultation C'Itart t s Senior Principal Engineer /Geophysicist .................. 5 235 /hr expert ts'iiness tcslinl«ny for court appearances and 1lindin }; arbilratinits Principal Geologist /Engineer ,,,,,,,,,,,,, 5215 111 r shat] be :barged tut a daily basis (nlnli11 um ont day increments) A a Supervising, Geologist / Fngineer ... .................... .. ,» S 180 /hr rate of 53,890 Per day. Ck pos €lion t"limolly shall be Charged A a rate ert . Senior Geologist /Engineer ..... S 150 /hr $495 per hour (minimun one hour charge). Preparation lime for Senior Staff Geologist /Fngineer ... ... .. ... ..... .......... S 135 /hr depositions or court appearances shalt be cJl•hrged nn a lime -and- expense hasis in accord, , Willi the Personnel, Equipment, and StaffCeologist /Fngineer ..... .. ...... ..... .... ... ... ........ 5120 /hr Expen-k- chargeslistedherein. Field /Laboratorl-Technician ............................. », 5IOD /hr Tecluucal illustrating „- » S S5 /hr Labaralory= fesking; and Ceapllysical Service [:laarecs Clerical / Accounting • », „- „,,,. ..... » -... S 70 /hr Laboratory testing and geophysical services shall be charged oil a time - and- materials basis ill accordance with the Personnel, Equipment, and L'nuipment and Supply Chartres Expense charges 1kk Ll herein. lncIin ometer System ......................... 5150 /day ....'.° Latxnalor}° samples shall be stored for 60 clays after tae elate of final Pie tlmcler Da lit Acqu sitiolh 5ystetht ....... ...... 5 75 /eta} report subinUtal unless special arrangements arc made for longer Total Station Surveying Equipment ...................... $ 200/ day storage. CPS / Reflect corlessStirveyingFtguiplmcant ................ $300 /day Expense Charges (liecetgtted Costs Plus 15 0!] Nuclear Moisture / Unit Weight Gauge ........ ,. ... „..... $100 /day Rope Chilibing Safety Fquipmeni .............. 5 200 /day 1 ravel expenses including air fare, luelg;ing;, VC11icle rental, etc. Velocity or Suspended iC Bed Load Sampling Equipment $ 100 /day (either actual receipled costs plus 15'.':. for meals or a flat l�[ult- Charuhcl Seismograph System :told lie li ,...,..... $ 250 /day subsistence charge of Ssa per diem for overnight stay shall t>< charged in addition to the prising cost) Vehicle lilileagc* . ... . .. .......... .. - - -- 5,555 /mi Fxcayation subcontractors and expendable field supplies .mileage will be adjusted per IRS rate Reproduction of draivings Aircraft Mileage_ ........................ ............ $1.29/nini Photograph printing Spcac-ial fees, per ;nits, insurance, etc. Photocopying (13&W- Color) . ...w_ _ . ....... ................. $ .15 -.40 /ropy . Conference call telephone costs L--ng;inecring (Urge Formal) Copier ..- .......... -- S .40 /ft2 Special mail service (air, electronic, courier, etc.) Computer Assisted Collor Plotting; ...................... 510 /sal. ft. Special equipment rental • Special consultant fees Limitations and Terms for Professional Semites AGRL-'Ei1L•°NT - This Schedule of Charges, Limitaliolls atut'rerms for Professional Services as all attaC11111etht to it signed Proposal or Client Contract constitutes all "Agreement” behvecn COTTON, SlilliFS AND ASSOCIATES INC. (CSA) and the Client, Client has aut oiized ceormn nr?inent of the work under this Agreement by signing the "Approved by" section of Cite Proposal or Contract. The Ag reetnent is hereby incorporated .uui made part of the Contract be:tzveen the parties. In consideration of the mutual Agreement set forth herein and iidending to be legally bowhd, the parties hereto agree as to the following: lrlvoicine and P4Yment - Client shall pay CSA comtpensation as outlined in the Proposal or at the rates determine -et in the above 5chedarle of Charges and according to the ,pay =nhent terms below. Invoices may be prepared and submitted by CSA oil a monthly basis or when the work is completed, at CSA's option. PaymenL is due upon receipt and is past due thirty (30) days front bate of invoice. A service charge of 1.3% per month, or the maximum amount allolt•ed by law, will ore charged on past due accounts. Ilaynhent_s by Client ,vill thereafter lie applied first to acertlo d interest and them to tie principal unpaid balance. i1my att mey fens, court costs, or other costs inctu-red in ethlledion of delingment accounts shall be paid by the Client. if payment of inyihifeS is notcnrcent, CSA May suspend performing further work at no liability to CSA. Relationship between CSA and Client - CSA is retained by the Client to invesl•irate wid to consult with the Client regarding the Project, as defined in the Proposal. Client shall provide CSA in writing; with all information relevant to the Project and shall advise CSA of any condition known to Client that may affect CSA's performance under this Agreement, CSA's services are for the benefit of the Client, but Client reCogtlizes that the extvrit of those services is limited by the line- frame chosen and the fluids expended by the Client for the inyestigalion. CSA has no responsibility for flue work product of any uhdelivndeat consultants required for the Client's Project, nor for completeness, adequacy, or quality of said independent consultatits' work, cx specialty work.. Information Provided b y Mot -- CSA and lire Client shall discuss and agree upon the information needed for rendering cif sec °ices hereunder. The Client agrees to provide to CSA all such information as agreLcd to be necessary. Witt respect to such informaiion, the Client understands and agrees that CSA Will rely soteh1 upan the. Client to ei'111AUe the acCOracy and conlpleteness thereof, as the. Client recognizes that it is impossible for CSA to assure the accurac7,, completeness and sufficiency of such information. Ownership of Documents and ProprieLlrX Information - This proposal and al] documents, including, but not limited to, drawings, specifications, computer disks, reports, calculations, and estimates, prepared by C5A ill connection with chic Agreement ( "CSA Confidential ]nlormaGon ") are inslroillenls of service and are intended for the sold use of the recipient hereof, and may not, except as other +vise tdescribcd herein, he disclosed, distributed, or disseuhinaled in any forum without the prior written consent of C5A. The CSA Confidential Information is and shall remain the sole property of CSA, Client may distribute documents generated by CSA in connection with CSA's services tinder this Agreement to third parties, provided that said third party agrees in writing; to be boului by the confidentiality and on•nership of documents provisions of this Agreement. 'Elie terms of this Section shall survivto the termb)ation of this Agreement. COTTON, SHIRES AND ASSDCIATCS, INC. 210 CSA SCIMIJ ..li_L OF CHARGE'S, l,INIYI'A' I0NS AND TERMS FOR P1tOFL'SSl[7l 2 of ?] Public Liabilily - CUt TON, Sl IRLS AND ASSOCIATES, INC. is a California Corporalion protected by It "otter's C'tar)q)ensatiim h)selranee. (and /or Employer's Lhabiltl)l Insurance), and Liv Public: Liability Insurance for bodily injury and property damage, and will furnish) cvnificate -, then'.!,! 1111on request. Wk' assunie the risk of damage to our own supplies and equipment, If your conlract or purchase order place's greater responsibilities upon its or requires further insurance coverage, we, if specifically directed by )'e)u, will procuro additional insurance (if procurable) to protect us at your expense., but we shall not be responsible for property damage fwim any cause, including fire Mid explo%ion, bcyo old the amoulais 11f coverage of our 1reSllral)Ce. Standard of Cork., and Professional Liability - hi performing, professional services, CSA shall use that degree of care and skill ordinarily exercised under similar circunislances by roemlx•rs cif our profession at the time tl)e services are performed. No other representation or warranty, express or implied, is made or intemlod in this Agreement, by our proposal for consultilig services, by our furnishing oral opinion or wlilbm reports, or by our inspection or work. I lowever, should we or any of our professional employees he found to have been negligent in the perfornaalice of professional services or to have made and breached my express or imptied warranty, you agree that die maximuun aggregate amount of your recovery against its and /or said professitmuil employees shall W limited to 550,000 or [lie amount of the fee paid us for professional services as COMIyuted under lie SCI IEDULE OF CHARGE-S, whichever amount is greater. Moreover, client agrees to indenuhify us against damages in excess ckf W,000 or the riount of our fee, whichever amount is greater, arising front suits brought against us by third parties, in connection with our work performed on your project. Notices - All notices in writing to be given hereunder by either party to the other party shall be served by letter or sent by facsimile Assiy_muent - Neither this agreemnnl nor Lite benefits or obligations under this Agreement shad be sold, assigned or transferrcel by either part), to any third parties including, subsidiary or affiliated companies without the prior written approval of the other parry, with such approval not to bey unreasonably withheld by either. lit tlhe event the approval is given by either for assigmnent or Lrat).sfer, such an approval shall not relieve either front any liability and /or msponsibility under the Agreement. Terti)ination Cmicvedation - Client and CSA will have the right to Wrininate this Agreement for their convenience try giving ten (10) lot's prior written notice. After termination, CSA will be reimbursed for sei -`ices rendered and necessary expenses incurred to the lermination dale upon submission to Client of detailed supporting invoices. The obligations of paragraphs 3, •1, and G remain in effect after termination. Ch;ut a in Scope of Work - If, enuring the performance of tile: wart: utulir this Agreement, it is determined plat the scope of work has expanded or changed such that additional expenditures are required, the client shall Lie notified and approval from the dent shall be receivM prior to the Performance of the additional services. 1]]spule Resolution - CSA and Client recognize that disputes arising toiler this Agreement are hest resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanism Inc.] procedures to resolve disputes al this level. Such efforts shall include the referral of any remaining issues in dispute h+ higher authority Within each participating party's organisation for resolution. }wiling resolution of conflicts at the organizational level, CSA and Client agree that an)' remaining conflicts arising out of or relating to this Agreement shall be submitted to non - binding mediation unless CSA and Client mutually agree otherwise. if tl)e dispute is not resolved through non - binding nic-diation, then the parties may take other appropriate action subject to (lie other terms of this Agreement. Neither party shall hold the other responsible for danhages or delav it) performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of file other party, its employo-'s or agents. Should litigation or arbitration occur between the parties relating to the provisions of this Agrtrment, all litigation or arbilradnn expenses, collection expenses, witness fees, court costs and attornevs' fees reasonably incurred by file prevailing party shall be paid by t9he non - prevailing party . Govenning! 1 w - The validity, performance, and construction of this Agreement, and the relationship between Client and C:SA shall be govenxrd and interpreted in accordance with the substantive laws of Catiforitia, United States of America, without regard to its choice of law rules. This Agreement shall be construed as to its fair and not strictly for or against either party. iobsite Safe!y - Neither the professional activities of CSA, nor the presence of CSA employees and CSA subcon sultants at a constriction site, shall relieve die contractor and any other enlily of their obligations, duties and regmnsibihlies includhipv but not limited to, construction means, metiods, sequence, techniques or procedures necessary for performing;, snperintendung or coordinating; all portion% of the Work of construction in accordance void) Lite contract docuunents and any health of safety precautions required by any regulatory agencies. CSA and its personnel have no authority to exercise any control over any construction contractor or other entih, or their t' mployees in connection with their work or any health or safety Precautions. The Client agrees that the general contractor and its various subaintractors are solely responsible for lobsite safety, and warrants that this intent shalt the made evident where appropriate in the Client's agreements Avid) other contractors. If the Client is a C:onlractor or Subcontractor on the ]'reject, the Client also agrees that the Client, CSA, and CSA's consult sits shall be indemnified and shall he made additional insureds under the cheat's general liability insurance policy, it) other cases, the Client agrees to arrange for this indemnification and additional insureds under the General Contractor's general liability insurance policy. Field Expk)ratioa - Unless otherwisve agreed, Ole client shall furnish right -col- entry on land tear planned field operations. The client shall also provide CSA with loc,alions and depths of buried utilities and structures. CSA shad take responsible pm- autions to minimize damage to hind front use of equipment, haul our fee clubs not include cowl of restoration of damage resulting; from our exploration operations. CSA shall not be liable for danhage or injure, arising from dannage to sublerramwi structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on plans furnished it) us. Miscellaneous - ill the event of any litigation or proceeding involving CSA and Client, the prevailing party shall be entitled to recover ils reasmable legal fees, expert fees, and normal employee rates mid associated costs from the moth- prevailing party. Failure by Client to object to any of [lie terms and conditions contained in this Agreement before the commencement of services by CSA will he deemed an acceptance of such terms and conditions. Notwithstanding; ail %`thing to the contrary in this Agreement, CSA and Client agree that neither party shall lit liable for any special, indirect, comwquential, lost profits, or punitive damages. if arty term, condition, or provision of this Agreement is funnel unenforceable by a court of law ill equity, this Agreement shall be construed as though that te.rin, condition, or provision did nol exist, and its unenforceabilih shall have no effect whalsoever on Ule rest of this Agreement. COTTON, SHIRES AND AISSOCIATES, INC. 211 Contract For: Cotton, Shires, and Associates, Inc. EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long - distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City of Saratoga Independent Contractor _agreement Exhibit C — Facilities and Equipment 212 Page 8 of 21 Contract For: Cotton, Shires, and Associates, Inc. EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, Cin- of Saratoga Independent Contractor .'agreement Exhibit D — General Provisions 213 Page 9of21 Contract For: Cotton, Shires, and Associates, Inc. vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7, PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ( "DIR" ). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file Cin, of Saratoga Independent Contractor Agreement Extibit D — General Provisions 214 Page 10 of 21 Contract For: Cotton, Shires, and Associates, Inc. at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. 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 Cin• of Saratoga Independent Contractor _agreement Exhibit D — General Provisions 215 Page 11 of 21 Contract For: Cotton, Shires, and Associates, Inc. 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. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug -free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furn'ish'ing of any services pursuant to this Agreement, Contractor Cite of Saratoga Independent Contractor Agreement Exhibit D — General Provisions 216 Page 12 of 31 Contract For: Cotton, Shires, and Associates, Inc. shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/ design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report,/ design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or City of Saratoga Independent Contractor .agreement Exhibit D — General Provisions 217 Page 13 of 21 Contract For: Cotton, Shires, and Associates, Inc. indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the conunitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, to the extent arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the negligent, reckless, or willful act, error or omission of Contractor in performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor C:irr of Saratoga Independent Contractor .agreement Exhibit D — General Provisions 218 Page 14 of 21 Contract For: Cotton, Shires, and Associates, Inc. in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. 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. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. IS. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder; 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, City of Saratoga independent Contractor .Agreement Exhibit D — Getter-al Provisions 219 Page 15ot21 Contract For: Cotton, Shires, and Associates, Inc. seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seep any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here -from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non - binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. City of Saratoga Independent Contractor Agreement Exhibit D — General Provisions 220 Page 16 of 21 Contract For: Cotton, Shires, and Associates, Inc. EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial Generals Business liability Insurance with coverage as indicated: X $2,000,000 per occurrence /$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/ $ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in 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 $2,000,000 combined single limit for bodily injury and property damage City of Saratoga Independent Contractor Agreement Exhibit E - Insurance 221 Page 18 of 21 Contract For: Cotton, Shires, and Associates, Inc. $ 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 consultant, regardless of where the vehicles are kept or driven. X Professional/ Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/ Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three -year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/ Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) City of Saratoga Independent Contractor Agreement Exhibit E - Insurance 222 Page 19 of 21 Contract For: Cotton, Shires, and associates, Inc. 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: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self- insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other insurance Previsions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. City of Saratoga Independent Contractor Agreement Exhibit E - Insurance 223 Page 20 of 21 Contract For: Cotton, Shires, and Associates, [tic. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 3 °94 21.1 City of Saratoga independent Contractor _agreement Exhibit E - Insurance 224 Page 21 of 21 �_. CERTIFICATE OF LIABILITY INSURANCE DATE 6/1D07Y2 a6 /66/z61z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE 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 CONTRACT BETWEEN 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 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). PRODUCER LTC #OE67768 1- 925 -416 -7862 CONTACT NAME: Gigi Yuen IDA Insurance Services PHONE FAX (925) 416 -7862 we No: EMAIL igi. entlioausa.com A00RES5: g yu 3875 Ho and Rd., Suite 240 PY PRODUCER S 1,000,000 Pleasanton, CA 94588 INSURER (S) AFFORDING COVERAGE NAIC # Leslie Pancoast, CIC, RPLU INSURED INSURER A: TRAVELERS IND CO OF CT 25682 Cotton, Shires and Associates, Inc. INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 INSURER C; BRAZLEY INS CO INC 37540 330 Village Lane INSURER O: Loa Gatos, CA 95030 -7218 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 27569350 REVISION NUMBER: 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 'CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP POLICY NUMBER MMrDD MMIDDIYYYY LIMITS A GENERAL LIABILITY Saratoga, CA 95070 USA I 680687BL222 12/04/1 12/04/12 EACH OCCURRENCE S 1,000,000 R COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [K] OCCUR OPR AMAMISES rrGE TO Ea a 0=rr ence E S 1,000,000 ME EXP (Anyone person) 5 10,000 PE R$ONAL &ADV INJURY S 1, 000, 000 GENERAL AGGREGATE 3 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER- PRODUCTS - COMPIOPAGG S 2,000,000 POLICY x PRO- LOG $ B AUTOMOBILELmBILmy x ANY AUTO BA667M2092 12/04/1 12/04/12 COMBINED SINGLE LIMIT ('Ea accident S 1.,000,000 BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) 5 SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) S _ 5 NON-OWNED AUTOS S B UMBRELLA LIAR x OCCUR CUP7939YO77 12/04/1 12/04/12 EACH OCCURRENCE S 2,000,000 AGGREGATE S 2,000,000 EXCESS LIAR CIJNIMS -MADE DEDUCTIBLE 5 5 RETENTION S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORiPARTNEWEXECUTIVE UB3616TB07 01 /01/1 01/01/13 X WCSTATU- OTH- E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDE D? (Mandatory In NH) N!A E.L. DISEASE - EA EMPLOYE E S 1,000,000 I! yas, describe under DESCRIPTION OF OPERATIONS below E.L. OISEASE - POLICY LIMIT 3 1,000,000 C P Lx. i rty VISQYT120601 Per Claim C Professional Liability VISQYT120601 02/01/1 02/01/13 Annual Aggregate 2,000,060 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) All operations of the Flamed Insured, including referenced project, if any. General Liability: See Additional Insured endorsement attached; such coverage is Primary & Non - contributory. Workers' Compensation: See Waiver of Subrogation Endorsement attached. GENERAL LIABIILTY ADDITIONAL INSURED: City of Saratoga, its appointed or elected Officers, officials, employees, and authorized agents CERTIFICATE HOLDER CANCELLATION gyuenlp a 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 27569350 225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Saratoga THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Administrative Services Officer ACCORDANCE WITH THE POLICY PROVISIONS. 13777 Fruitvale Avenue AUTHORIZED REPRESENTATIVE Saratoga, CA 95070 USA I gyuenlp a 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 27569350 225 POLICY NUMBER: 6806878L222 NAMED INSURED: cotton, Shires and Associates, Inc. COMMERCIAL. GENERAL LIABILITY DATE ISSUED: 06/06/20I2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that ' "contract or agreement requiring insurance' to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part_ S. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance' that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage " or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance " with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property C 2007 The Travelers Companies, Inc. CC b3 81 09 07 Includes colsyrightcd material of Insurance Services office, Inc., with its permission. 226 Page I of I damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. CG D3 82 09 06 Includes copyrighted material of insurance Services Office. Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office. Inc., 1988 227 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 01/01/12 Issued to: Cotton, Shires and Associates, Inc. By: TRAVELERS PROP CAS CO OF XkMR Premium: INCL forms a part of Policy No. trs3616x507 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Saratoga Administrative Services officer 13777 Fruitvale Avenue Saratoga, CA 95070 Job Description All operations of the Named Insured Waiver of Subrogation is in favor of the aforementioned Additional Insured. WC 04 03 06 (Ed. 4 -84) Countersigned by 228 Authorized Representative AC ©� °& CERTIFICATE OF LIABILITY INSURANCE �E, 06 /06 /201YYY, 06/06r2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE 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 CONTRACT BETWEEN 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 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). PRODUCER LTC #OE67768 1- 925 - 416 -7862 CONTACT NAME: Gigi Yuen IOA Insurance Services PHONE FAX (925) 416 -7862 A!c No: E-MAIL ADDRESS: gigi.yuenaicausa.com 3875 Hopyard Rd., Suite 240 PRODUCER CUSTOMER 10 M S 1,000,000 Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE NAIC4 Leslie Pancoast, CIC, RPLU INSURED INSURER A: TRAVELERS IND CO OF CT 25682 INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 Cotton, Shires and Associates, Inc. INSURER C: BEAZLEY INS CO INC 37540 330 Village Lazne SNSURER D; Los Gatos, CA 95030 -7218 ENSURER E INSURER F: GENERAL AGGREGATE $ 2,000,000 COVERAGES CERTIFICATE NUMBER: 27569350 REVISION NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR iTR TYPE OF INSURANCE I OL POLICY NUMBER MMIDDY EFF MMlDDY EXP LIMITS A GENERAL LIABILITY Saratoga, CA 95070 USA 680687SL222 12/04/1 12/04/12 EACH OCCURRENCE S 1,000,000 MERCIALGENERALL X LIABILITY ��------ CLAIMS-MADE a OCCUR DAMAGES( RENTED PREMISES Ea n• u n S 1,000,000 MED EXP (Any one person) S 10,000 PERSONAL B AOV INJURY 51,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIoPAGG S 2,000,000 S POLICY X PRO- LOC B AUTOMOBILE LIABILITY BA.667M2092 12 /04/1 12/04/12 COMBINED SINGLE LIMIT (Ea oocidenE) S 1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTO$ PROPERTY DAMAGE (Per accident) S S NON -OWNED AUTOS 5 B UMBRELLA LIAR X OCCUR CUP7939YO77 12/04%1 12/04/12 EACH OCCURRENCE 5 2.000,000 AGGREGATE S 2,000,000 EXCESSLIAB CLAIMS -MADE DEDUCTIBLE S _ S RETENTION S B WORKERS COMPENSATION UB3616TS07 01 /O1 /1 01/41/13 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY Y1 N ANY PROPRIETORIPARTNEWEXECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) N/A E. L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 C i >. ity V15QYT120601 Per aim 1,06 '000 C 1professional Professional Liability V15QYT20601 1 02/01/1 02101/13 Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (Attach ACORD 101. Additional Remarks Schedule, If more space is required) All operations of the Named Insured, including referenced project, if any. General Liability: See Additional Insured endorsement attached; such coverage is Primary & Non- contributory. Markers' Compensation: See Waiver of Subrogation Endorsement attached. GENERAL. LIABIILTY ADDITIONAL INSURED: City of Saratoga, its appointed or elected officers, officials, employees, and authorized agents CERTIFICATE HOLDER CANCELLATION gyuenlp ACORD 25 (2009109) 27569350 031988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 229 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Saratoga THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Administrative Services Officer ACCORDANCE WITH THE POLICY PROVISIONS. 13777 Fruitvale Avenue AUTHORIZED REPRESENTATIVE Saratoga, CA 95070 USA l gyuenlp ACORD 25 (2009109) 27569350 031988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 229 POLICY NUMBER: 680687OL222 NAMED INSURED: Cotton, Shires and Associates, Inc. COMMERCIAL GENERAL LIABILITY DATE ISSUED: 06/06/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "'bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance " to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributoryc basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work " performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury' or "property C 2007 The Travelers Companies, Inc. ECG D's 8109 07 Includes eopyrighted material of Insumnce Serviecs pffice, Inc., urith its permission. 230 Page I of I damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional Insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the personal Injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. CG D3 82 04 06 Includes copyrighted material of insurance Scrviccs Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Offiiec. Inc., 1488 231 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 01/01 /12 Issued lo. Cotton, Shires and Associates, Inc. $y: TRAVELERS PROP CAS CO OF AKER Premium: 1NCL forms apart of Policy No. UB3616T607 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Saratoga Administrative Services officer 13777 Fxuitvale Avenue Saratoga, CA 45070 Job Description All operations of the Named Insured waiver of Subrogation is in favor of the aforementioned Additional Insured. WC 440306 (Ed. 4 -84) Countersigned by 232 Authorized Representative oq SAO c1Lrx0 rLr�ti SARATOGA CITY COUNCIL MEETING DATE: February 6, 2013 DEPARTMENT: Community Development PREPARED BY: James Lindsay AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: ZOAl2 -0011— City initiated amendments to Article 15 -06 (market definition) and Section 15- 19.020 of the City Code. RECOMMENDED ACTION: Waive the second reading and adopt the ordinance amending the City Code to define market and establish when a market can be permitted or conditional use. SUMMARY: On January 16, 2013, City Council conducted a public hearing and introduced an ordinance amending Article 15 -06 and Section 15- 19.020 creating a definition for market and distinguishing when markets are permitted or conditional uses in the City's commercial zoning districts. The changes to the City Code are as follows: 15- 06.441 — Market. "Market" means an establishment which sells or offers for sale to the public any food or drink for human consumption off -site, with the exception of a tasting room as defined in this Article or a lawfully located mobile canteen or other mobile unit as defined in Article 7 -25. Section 15- 19.020 — General Regulations (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on -site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (6) Markets with a floor area dedicated to food and drink sales that is less than or equal to 25% of the establishment's total floor area and 2,000 square feet or less. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (2) Markets and deliea4essens with a floor area dedicated to food and drink sales that is more than 25% of the establishment's total floor area or more than 2,000 square feet. Page 1 of 2 233 ENVIRONMENTAL REVIEW: The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment and where, as here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. FOLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption ATTACHMENTS: 1. Ordinance 456327.1 Page 2 of 2 234 ORDINANCE AN ORDINANCE AMENDING ARTICLE 15 -06 AND SECTION 15- 19.020 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings 1. The City of Saratoga wishes to amend Article 15 -06 of the City Code to define the word market and amend Section 15- 19.020 to establish when a market is a conditional or permitted use. 2. Amendments in this ordinance affect provisions of the City's zoning regulations in Chapter 15 of the Code. The definition of "market" and the circumstances affecting whether a market should be a conditional or permitted use were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on December 12, 2012, made a recommendation to the City Council. 3. The City Council of the City of Saratoga held a duly noticed public hearing on January 16, 2013 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in double - underlined font (e.g., double - underlined) and text to be deleted is indicated in strikeout font (e.g., °tfikee . Text in standard font remains unchanged by this ordinance. Text in italics (e.g., italics) is provided to promote readability and is not a part of this ordinance. Article 15 -06 - DEFINITIONS 15- 06.441 - Mark "Market" means an establishment which sells or offers for sale to the public any food or drink for human consumption off -site, with the exception of a tasting room as defined in this Article or a lawfully located mobile canteen or other mobile unit as defined in Article 7- 25. Section 15- 19.020 — General Regulations (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on -site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: 235 (6) Markets with a floor area dedicated to food and drink sales that is less than or equal to 25% of the establishment's total floor area and 2.000 square feet or less. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (2) Markets and deheatessens with a floor area dedicated to food and drink sales that is more than 25% of the establishment's total floor area or more than 2,000 square feet. Section 2. Severance Clause. The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance regardless of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of January, 2013, and was adopted by the following vote following a second reading on the 6th day of February, 2013. COUNCIL MEMBERS: AYES: NAYS: 236 ABSENT: ABSTAIN: SIGNED: Jill Hunter MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 456329.1 ATTEST: Crystal Bothelio CLERK OF THE CITY OF SARATOGA Saratoga, California 237 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works PREPARED BY: John Cherbone Public Works Director CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Approval of Village Streetscape Improvements Phase 2 RECOMMENDED ACTION: Approve design elements connected to the Village Streetscape Improvements Project — Phase 2. REPORT SUMMARY: At the December 5th City Council Meeting, the Council was presented with updated project costs based on the most recent bid prices received for similar work. Unfortunately, the recalculated cost estimates required the elimination of certain improvements. The major project elements removed from the scope of work were: 1) 5th Street Intersection Improvements, 2) 6th Street Intersection Improvements, 3) Big Basin Way Arch, and 4) Kiosk at Blaney Plaza. The City Council subsequently recommended moving forward with the following design elements for Phase 2 of the Village Improvement Project. They included: Continuation of repairs to sidewalks, curbs, and gutters Bulb -outs and concrete cobble pedestrian crosswalk with in- pavement flashing lights at Big Basin Way /Starbucks Bus Stop Shelter on Saratoga Avenue across from the old Post Office Way Finding Signs (green) Round Parking Signs (blue) 4 Directional Signs (final design of sign, frame, and locations to be developed by Village Ad Hoc) Use black metal sign poles, if necessary for new signage. Stamped Concrete on the Highway 9 "Spur" adjacent to Blaney Plaza Low "safety" fence along Blaney Plaza perimeter with Hwy 9 Street and tree lights along the Highway 9 Spur to Oak Street Misc. Electrical, Irrigation, and Landscape Upgrades Bulb -outs and concrete cobble pedestrian crosswalks at Big Basin Way at Midblock (Buy n Save) 238 FISCAL IMPACTS: Funding for this work is programmed in the 2012/2013 CIP budget. The project budget for construction is $1,180,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The conceptual design elements would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None additional. FOLLOW UP ACTION(S): Once direction is received from City Council regarding the project scope and design elements, staff will direct the City's consultant to prepare the final construction plans. The project will require an encroachment permit from Caltrans. Once the encroachment permit is approved staff will solicit bids for construction. Depending on the review time with Caltrans, work could begin as early as spring of 2013. 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. A summary of Public Outreach for Phase 2 is as follows: Letter to Businesses: 10/17/2011 Saratoga News Paper: 10/18/2001 Public Meeting #1: 10/26/2011 Plans Displayed at Chamber: 6/19 to 6/26 2012 Letter to Businesses: Saratoga News Paper: San Jose Mercury News: Public Meeting #2: City Council Meeting: City Council Meeting ATTACHMENTS: None. 6/18/2012 6/19 and 6/26 2012 6/27/2012 6/27/2012 7/18/2012 12/5/2012 239 oq SAO c1LI -V0VL SARATOGA CITY COUNCIL MEETING DATE: February 6, 2013 DEPARTMENT: Community Development PREPARED BY: James Lindsay AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Provide Direction on the Planning Commission's Review of Heights Limits in the C -V and C -N Zoning Districts RECOMMENDED ACTION: Provide direction on the scope of review. BACKGROUND: The City Council approved the 2013 Community Development work plan at its annual retreat on January 25ffi. At the retreat, the Council requested each Planning Commission work plan item receive specific direction from the Council at a regularly scheduled meeting. One of the approved Commission work items was to review the difference in height limits for commercial and multi - family buildings located within the C -V and C -N zoning districts. The following table illustrates these different height limits. The Commission compared these limits to the 26 -foot height limit for two -story homes in adjacent R -1 zoning districts at a recent study session. As a historical point of reference, there have been several commercial buildings along Saratoga - Sunnyvale Road that have been granted height exceptions to exceed the 20 -foot height limit. These exceptions have created different architectural styles along the road and raise the policy question of whether the current height limit is appropriate. The Gateway Guidelines for Saratoga - Sunnyvale Road are included as Attachment A. Page 1 of 2 240 Provided below are height limits of comparable commercial zoning district in cities with a similar profile to Saratoga. City Los Altos Neighborhood Commercial 30 ft. Commercial 45 ft. Los Gatos 35 ft. 35 ft. Danville 50 ft. 50 ft. Campbell 35 ft. 75 ft. Lafayette 35 ft. 35 ft. NEXT STEPS: Upon receiving specific direction, the Planning Commission will conduct public outreach meetings within the different districts to start their review. ATTACHMENTS: 1. Gateway Guidelines Page 2 of 2 241 ki�,� Fri fl F r � •4 � �r +�. 'FfF }Li x ' e � ,irr Jo -q J Y ' �y `r r 1��iMl'ji�11111�k 4hp _ iija Wow �mw {'.. '1 / #liti iL Y��.itto- f w 'rt %,i ilrt* lRU �� '�����f TatLY�L #JAY.' TABLE OF CONTENTS Introduction.......................... ............................... Applicability......................... ............................... Gateway District Boundary . ............................... Goals for Saratoga /Sunnyvale Road ................... Page 3 Page 4 Page 5 Page 6 Design Guideline Objectives and Guiding Principles Page 8 Architecture and Materials ....................... Commercial Retail Signage ..................... Landscape and Buffering ......................... Fencing and Screening Walls ................... Lighting and Furnishings ......................... Page 10 Page 13 Page 15 Page 17 Page 18 SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 243 2 INTRODUCTION The Design Guidelines for the Saratoga - Sunnyvale Road Gateway have been prepared to guide new development or property re- development in the Saratoga - Sunnyvale Road Gateway district. The Saratoga - Sunnyvale Road Gateway streetscape improvement master plan has been adopted to address improvements within the public street right -of -way to create a new northern gateway to the City. These guidelines build upon that plan to address private sector redevelopment that is anticipated to occur adjacent to the public street right -of -way on private, commercially zoned property. Additionally, the guidelines provide direction for the design of mixed -use projects that introduce a component of residential uses within the Gateway district, as provided for in the General Plan housing element. These design guidelines were developed in concert with the Saratoga - Sunnyvale Road Gateway master plan through a series of citizen Task Force meetings. Goals for the Gateway were identified at the initial Task Force meeting and further refined at successive meetings. An inventory of existing conditions and visual images that occur along Saratoga - Sunnyvale Road was prepared in the early stages of project development that served as the basis for a Visual Preference Survey. That survey allowed Task Force members to document their preferences as to what types of design elements reflected an appropriate character for Saratoga and the Gateway district. Draft guidelines and successive revisions to those drafts have resulted in this document addressing: • Applicability; • Gateway District Boundaries encompassing the C -V and C -N Commercial Zone districts; • Goals for the Saratoga - Sunnyvale Road Gateway; • Design Guideline Objectives and Guiding Principles, and Design Guidelines for: Architecture and Materials Commercial Retail Signage Landscaping and Buffering Fencing and Screening Walls Lighting and Furnishings SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 244 APPLICABILITY These guidelines and development standards are intended to govern new development occurring in the Saratoga Sunnyvale Road Gateway District, as defined by the boundaries described in this design guideline document. The guidelines are not intended to apply to existing uses or development (structures and site improvements) but rather, to new development of mixed use, commercial or residential projects or substantial redevelopment of existing uses as described below. 1. These development standards and guidelines shall not require properties in the gateway to be redeveloped as mixed use; 2. These development standards and guidelines shall apply upon reconstruction of 50% or more of the building total floor area of an existing building, cumulative over a 5 year period; 3. If rebuilding in -kind replacement of a current use due to a natural disaster or catastrophic event, the provisions of these development standards and guidelines shall not apply. SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINE 245 4 GATEWAY DISTRICT BOUNDARY I ' :11 " " " It 1",4 L SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 246 5 GOALS FOR SARATOGA- SUNNYVALE ROAD Goals established for Saratoga - Sunnyvale Road by the Saratoga Gateway Citizen Task Force are: 1. Create a memorable Gateway /Special Entry 2. Character and Image identifiable 3. Maintain business viability /commercial strength 4. User friendly 5. Improve Safety 6. Meet functional and other necessary requirements 7. Improve corridor consistency 8. Develop functional and character elements Goals established for Saratoga - Sunnyvale Road by the Saratoga City Council are: A. Successful Business Environment in the Saratoga- Sunnyvale Corridor o The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking, clear sight lines from the street to enhance business visibility of reasonable signage and internal site circulation to create convenient, community scaled commercial activity areas. B. Enhance the Neighborhood Quality of Life o Create an attractive theme to the Gateway area, such as a village or "town" look, which will encourage a retail destination for the local community and make a friendly pedestrian environment for existing and future housing and commercial uses. New developments must minimize impacts to residential neighborhoods by positioning commercial development toward the front of the property along Saratoga - Sunnyvale Road, while using landscape buffers, setbacks, and reduced building heights near the single story neighbors to enhance privacy. C. New Commercial Projects to be Consistent with the Rural Character of Saratoga. o The rural residential character of the City has been created and maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 247 6 D. Gateway Design Guidelines to be Consistent with Existing Saratoga Zoning Regulations. o The Gateway Design Guidelines need to focus on the look, feel and architectural quality of the Saratoga - Sunnyvale Corridor and are not intended to impose a surrogate set of defacto zoning regulations for one of several Commercial Districts within the City. For the purpose of the Design Guidelines, the goals are expanded upon to further define the scope of the proposed guidelines through the addition of the following objectives and guiding principles for planning and design that support each goal. The planning and design objective and guiding principles can be expressed in terms of the existing uses in the corridor and the potential future uses that might define a desirable future condition in the corridor. SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINEc 248 7 DESIGN GUIDELINE OBJECTIVE AND GUIDING PRINCIPLES 1. Planning and Design Objectives 1 The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking and internal site circulation to create convenient, comfortably - scaled commercial activity areas. (Goal A) 2 Allow for incorporation of residential uses to increase diversity in Saratoga's housing stock. (Goal D) 3 Preserve and protect Saratoga's pedestrian- friendly environment and enhance the quality of life by encouraging Commercial activity in the Gateway district. (Goal A, B) 4 Promote /encourage housing provisions consistent with General Plan for resident employees of the City of Saratoga businesses and service providers such as teachers. (Goal D) 5 Promote site design and other opportunities to encourage the display of public art. (Goal B) 2. Guiding Principles Guiding principles in support of those objectives include the following: 1 Encourage a diverse mix of complementary commercial uses (retail, restaurant, service, office) with residential uses located on upper floors and to the rear of the property. (Goal D) 2 Create a strong identity that represents the entire Saratoga Gateway District. This may be accomplished through the use of finishes or site elements that tie the different uses together. (Goal B, C) 3 Provide a variety of building sizes and building facade articulation to foster variety and mix in order to mitigate large -scale building masses. (Goal B, C) 4 Coordinate site development proposals to maximize site to site pedestrian connections. (Goal A) 5 Coordinate site development proposals to promote shared parking where possible. (Goal A) 6 Locate service and ancillary areas so that they can be visually screened from the view of residential occupants and are located away from Saratoga - Sunnyvale Road and pedestrian use areas. (Goal B,C) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 249 8 7 Encourage site design where parking does not dominate site layout from Saratoga- Sunnyvale Road or from buildings. (Goal A) 8 Where appropriate, provide direct, continuous pedestrian routes from the street to building entries, across all large parking areas and between all activity areas of the Saratoga Gateway District. (Goal A, B) 9 Mitigate adverse impacts to existing neighboring uses and commercial uses. (Goal A,B,C) 10 Encourage commercial development toward the front of the property along Saratoga - Sunnyvale Road. (Goal A,B,C) 11. Any redevelopment projects shall provide sound walls and landscape screening in order to protect the privacy and quality of life of abutting residential land uses as provided for in these design guidelines. (Goal B) 12. Where feasible highly promote and encourage site -to -site circulation unless uses are incompatible. (GoalA,B) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINE 250 9 ARCHITECTURE AND MATERIALS 1 Encourage smaller -scale building floorplates with an appropriate scale and CRAFFSMAN architectural style, consistent with early Californian architectural styles, (1905 -1930) g D (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look of the general area. (Goal B,C) 2 Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low- pitched gable or hip roofs, dormer windows, etc. (Goal C) ® D �'415 -959) DID ® D 3 In order to reduce the perceived scale of buildings, building masses shall be IM broken into smaller components. Large "boxes" with no articulation will not be allowed. (Goal C) 4 Building walls and rooflines should include articulation, with a change in „A „_FN ANNF (FRKF r LASS,1_) o a surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) 5 Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies or /and articulation of massing or /and changes in material, texture, and color. ( Goal senuIs„��`�`'` ": mm mm ('915 -1940) C) 6 Corners of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) S1 zCK 1860 -1Nom- a a� 7 Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop mechanical equipment shall be screened on all sides. (Goal B,C) 8 Rooftop mechanical units, vents, and flues shall be screened. Screening IIA111" [tyW -rg:u) rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) 9 Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) MI.SSIo.” At� ( s"y 92") SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINE 251 10 10 A specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e. all building faces) use of materials and color. (Goals B,C) 11 Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un -muted primary colors are not allowed. (Goals B,C) 12 Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) 13 Encourage canopies /awnings /arcades to define entrances and provide shelter along buildings. (Goal B) 14 Building entrances should be set back from drive curblines to achieve public safety and entry articulation. (Goal B) 15 Building entrances should be identifiable from parking areas. (Goal A, B) 16 Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 252 11 17 A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) 18 Reflective materials such as bright aluminum and glass are not allowed as the primary building material on exteriors. (Goal B) 19 Pedestrian amenities, such as benches, trash receptacles, outdoor dining and vendor carts on private property, are encouraged to be consistent with the theme established by Saratoga - Sunnyvale Road Gateway. (Goal B) �iP° . ' ; SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 253 12 COMMERCIAL RETAIL SIGNAGE 1 Signage should be visible but fit appropriately with building architecture. (Goal A,B,C,D) 2 Sign materials should be complementary and consistent with architectural materials. (Goal B,C) No permanent billboards are allowed anywhere in the Saratoga Gateway District. (Goal D) 4 Monument signs shall exhibit the following design character: (Goal A,B,C,D): • Horizontal orientation. • External illumination is strongly encouraged. • Internally lit signs are subject to design review. • Limited to one monument sign per parcel. • Sign size "matched" to frontage length of parcel. • Must use natural materials. • Encourage monument signs to be designed consistent in size and appearance within the Gateway. • Monument signs are to be placed so that they are visible to passing motorists. • Must maintain adequate landscaping around the monument sign. • Commercial signs for the identification of multi- tenant projects or buildings should be ground mounted, internally or ground - lighted with a masonry base that is integrated with site landscaping. • Signage should be ground -lit or otherwise washed with light from a concealed light source. Storefront /Shop signage (Goals A, B,C,D): • Prefer indirect illumination. • Sign area and intensity as per City code. • Individual storefront /shop signage at entries should be encouraged at a pedestrian scale, such as hanging signs under eaves, awning signs and building mounted signs. 6 Pursuant to City Code Section 15- 30.060(k), the City may display banners on light poles including seasonal banners identifying the Gateway District. (Goal B) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 254 13 LANDSCAPING AND BUFFERING Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) 3 Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) 5 Landscape layout and design should orient the pedestrian environment. (Goal B) 6 Street tree plantings shall be required where none exist along Saratoga - Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) Private drives serving the internal circulation needs of proposed development shall require street tree plantings. (Goal B,C) 8 Shrubs, groundcovers and perennial plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) Trellises with flowering vines and hanging flower baskets are encouraged at building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) 10 Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) • Solid (decorative) masonry wall. • Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. • Trees shall be 24" boxed size minimum. • Privacy issues shall be addressed through the citing of balconies and 4 it SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 255 14 windows above ground floor level adjacent to residential properties to protect the privacy of residential neighbors. • Rear or side parking lots adjacent to residential uses shall be designed to address after hour security. 11 Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) 12 The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) The following trees may be used for site design but are not limited to: TREE NAME TREE NAME (BOTANICAL) (COMMON) FOLIAGE TYPE Acer platanoides varieties Norway Maple Deciduous Carpinus betulus European Hornbeam Deciduous Celtis sinensis Chinese Hackberry Deciduous Ginkgo biloba Maidenhair Tree Deciduous Lagerstroemia indica Crape Myrtle Deciduous Laurus x. 'Saratoga' Saratoga Laurel Evergreen Magnolia g. 'St. Mary' Saint Mary Magnolia Evergreen Pistacia chinensis Chinese Pistache Deciduous Pyrus calleryana Flowering Pear Deciduous Tristania conferta Brisbane Box Evergreen Tristania laurina Swamp Myrtle Evergreen SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 256 15 FENCING AND SCREENING WALLS 1 Fencing materials in the Saratoga Gateway District shall consist of wood, wood and masonry combinations or wood with masonry columns to reflect the general residential character of the Saratoga community. (Goal B,C) 2 Fencing installations shall incorporate continuous landscaping at the base and edges of the fence to integrate the fence with site and landscaping. (Goal B,C) 3 Fencing is discouraged between properties of similar use. (Goal A,B,C) 4 Trash service and loading areas should incorporate masonry wall buffers to screen service areas from adjacent streets. All trash, service and loading areas shall be screened by a masonry wall or enclosure designed to be an integral and complementary extension of the building architecture. (Goal B,C) 5 Trash, service and loading areas should not be located adjacent to street frontages or adjacent to existing residential uses and will be screened from view from public streets. (Goal B,C) 6 Trash and recycling enclosures shall be of masonry construction using broken face, slump block, raked joints or other textural variation to provide shadow effects and other subtle visual interest. (Goal B,C) 7 Self closing gates shall be provided on all trash and recycling enclosures. (Goal B) 8 Concrete - filled bollards or other means of corner protection are encouraged to protect enclosures from vehicular traffic and loading damage. (Goal A) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 257 16 LIGHTING AND FURNISHINGS 1 Pedestrian lighting is encouraged throughout non - parking areas. A single "village" type thematic light fixture should be selected for the Saratoga Gateway District. (Goal A) 2 High - pressure sodium, wall pack and "barnyard" light types are discouraged. (Goal A,B,C) 3 All parking lot lighting shall be down cast "cut -off' type which will not cast glare on adjoining properties. A photometric study shall be required to document lighting levels at property line. Lighting should be directed away from existing residential property. (Goal B,C) 5 All pole lights shall use the same color and style of pole and fixture. (Goal B,C) 6 Site furnishings including benches, trash receptacles and bike racks should be complementary to the family of site furnishing elements designated for Saratoga - Sunnyvale Road gateway streetscape. (Goal B,C) 7 Bike racks shall be provided for new retail or mixed use development. (Goal B) 8 Site lighting shall be restricted to security lighting only after business hours. (Goal B,C) SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 258 17 Ir SARATOGA- SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 258 17 oq SAO c1LI -V0VL SARATOGA CITY COUNCIL MEETING DATE: February 6, 2013 DEPARTMENT: Community Development PREPARED BY: James Lindsay AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Provide Direction on Appealing the 2014 -2022 Regional Housing Need Allocation RECOMMENDED ACTION: Authorize the Mayor to sign the appeal request and direct staff to submit it to ABAG. BACKGROUND: Each local government in California is required to adopt a general plan to guide its physical development. The housing element is one of the seven State mandated elements of the local general plan. Housing element law, enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law requires local governments to adopt land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development. Housing element law also requires the State Department of Housing and Community Development (HCD) to review local housing elements for compliance with State law. Housing element planning timeframes for each region are established by the State legislature and have typically been seven -year periods. Senate Bill 375, passed in 2008, extended that time period to eight years for metropolitan areas located in Clean Air Act non - attainment regions to align housing plans with regional transportation plans. HCD determines the regional housing needs allocation (RHNA) for each planning period for each of the State's six Councils of Government. The Council of Government for the nine - county Bay Area region is the Association of Bay Area Governments (ABAG). ABAG determines the distribution of the RHNA to each local government in the Bay Area. Cities and counties are then required to update their housing element to show how their allocation can be accommodated in their jurisdiction within the planning period. There is no requirement that the housing units be constructed within that period. DISCUSSION: Regional Housing Needs Determination Process (Attachments D & E) HCD has determined the 2014 -2022 RHNA for the ABAG region to be 187,990 housing units, spread across four income categories (see Attachment 1 of the 2/24/12 HCD letter to ABAG - provided as Attachment E to this report). In July 2012, the ABAG Executive Board approved a methodology to distribute the regional housing allocation to each local jurisdiction and also released the results for each jurisdiction as the draft RHNA (Attachment D). Page 1 of 3 259 The proposed number of additional housing units Saratoga is required to accommodate in the general plan housing element from 2014 to 2022 is show below by income category. HCD establishes county -wide income limits within each category annually and Santa Clara County's area median income (AMI) for a family of 4 is currently $105,000. City Comments on the Process (Attachment C) ABAG provided a number of opportunities for public comment on the creation of the adopted RHNA methodology. Councilmember Page (then Mayor) submitted a comment letter January 2012, Saratoga participated in a comment letter from the West Valley Cities in March 2012, Councilmember Page submitted another comment letter on behalf of the City in June 2012 and staff submitted a request to lower the City's draft RHNA in September and November 2012. None of comments appear to have had any impact on changing the methodology and ABAG staff denied the City's request for a revision to our allocation. RHNA Appeal (Attachments A &B) State law allows those cities that receive denials on their revision requests to file an appeal and be heard by an ad hoc committee of ABAG's Executive Board at a public hearing. The criteria by which an appeal must be based is very narrow and is limited to the following grounds (refer to Attachment A): ABAG failed to adequately consider the information submitted by the jurisdiction as part of the 2012 RHNA survey or a significant and unforeseen change in circumstances has occurred in the local jurisdiction that merits a revision of the information submitted; or ABAG failed to determine the jurisdiction's share of the regional housing need in accordance with the established methodology. Staff believes that ABAG failed to adequately consider the information we submitted to them for the RHNA survey (Attachment B) earlier this year. In the survey we clearly stated that Saratoga has a very limited job base with no meaningful opportunities for future increases in jobs as we are a built -out bedroom community. However, ABAG's Jobs - Housing Connection Strategy shows 11,870 jobs within Saratoga in 2010 yet the US Census Bureau estimates Saratoga only had 4,194 jobs in 2010 and ABAG projects total jobs in the City will increase by 22% (2,630) by 2040. ABAG also failed to consider the fact that VTA provides very limited public transit service in the City and the limited about of housing growth will not be readily accessible to transit centers. State housing law clearly states that ABAG needs to adequately consider this local information and allocate housing to areas with jobs / housing imbalances and good access to public transportation. Significantly increasing the number of housing units in outlying areas away from jobs and transit is not consistent with greenhouse gas reduction strategies contained in SB 375 and AB32. Page 2 of 3 260 NEXT STEPS: Upon Council authorization, the Mayor will sign the appeal request and staff will submit it to ABAG with the supporting material. The City's appeal will then be scheduled for review by an ad hoc committee of ABAG's Executive Board between March 30 and April 4, 2013. ABAG is scheduled to adopt the final RHNA allocation in May 2013. ATTACHMENT 1. Attachment A 2. Attachment B 3. Attachment C 4. Attachment D 5. Attachment E S: - RHNA Appeal Request - RHNA Factors Survey - City's revision request and previous comment letters - Approved RHNA methodology and draft allocation - HCD RHNA determination for the ABAG region Page 3 of 3 261 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area 0 ABAG 2014 -2022 Regional Housing Need Assessment (RHNA) Appeal Request All appeal requests must be received by ABAG February 18, 2013, 5 p.m. Late submissions will not be accepted. Send requests to Gillian Adams, ABAG Regional Planner: GillianA @abaa.ca.gov or P.O. Box 2050, Oakland, CA 94604 -2050 Date: February 6, 2013 Contact: James Lindsay Phone: (408) 868 -1231 APPEAL AUTHORIZED BY: Name: Jill Hunter Jurisdiction: City of Saratoga Title: Community Development Director Email: jlindsay @saratoga.ca.us PLEASE CHECK BELOW: ❑• Mayor ❑ Chair, County Board of Supervisors ❑ City Manager ❑ Chief Administrative Officer ❑ Other: BASES FOR APPEAL [Government Code Section 65584.05(d)]* ❑ Misapplication of RHNA Methodology A Failure to Adequately Consider Information Submitted in the Survey Regarding RHNA Factors: 0 Existing or projected jobs- housing relationship ❑ Sewer or water infrastructure constraints for additional development ❑ Availability of land suitable for urban development or for conversion to residential use ❑ Lands protected from urban development under existing federal or state programs ❑ County policies to preserve prime agricultural land A Distribution of household growth assumed for purposes of comparable Regional Transportation Plan ❑ Market demand for housing ❑ County -city agreements to direct growth toward incorporated areas of county ❑ Loss of units contained in assisted housing developments ❑ High housing cost burdens ❑ Housing needs of farmworkers ❑ Housing needs generated by the presence of a university campus within a jurisdiction ❑ Significant and Unforeseen Change in Circumstances Brief Description of Basis for Appeal Request and Desired Outcome: The City of Saratoga is requesting a 204 unit housing allocation for 2014 -2022 with no change to the percentage of very-low, low, and moderate income units. Increasing the City's allocation by 150% over the fourth cycle allocation is not consistent with new state -wide goals to help reduce greenhouse gas emissions by planning for housing growth near public transit facilities and major employment centers. The City stated clearly in the response to the RHNA Factors survey that there are no significant existing or planned public transit or employment opportunities within the City. List of Supporting Documentation Included in Submittal: 1 Response to RHNA Factor Survey 2 RHNA Revision Request 3 Comments letters on the RHNA methodology *Per Government Code Section 65584.05(d), appeals to the draft RHNA can only be made by jurisdictions that have previously filed a revision request and do not accept the revision request findings made by ABAG. 262 SCS Regional Housing Need Allocation Feedback Jurisdiction: City of Saratoga Name of Person Filling Out Survey: James Lindsay Title: Community Development Director E -mail: jlindsay @saratoga.ca.us 2/9/12 Date: Phone: (408) 868 -1231 As part of the Regional Housing Need Allocation (RHNA) process, ABAG is required to survey local governments for information on specific factors to be considered in developing the allocation methodology. By law, none of the information may be used as a basis for reducing the total housing need established for the region. Please complete this survey for your jurisdiction. This form may be filled out using Adobe Acrobat or Adobe Acrobat Reader. If you have any questions, contact Hing Wong at hingw@abag.ca.gov or (510) 464 -7966. Please send this survey back no later than February 10, 2012 via e -mail attachment to hingw @abag.ca.gov, fax to (510) 433 -5566, or postal mail to P.O. Box 2050, Oakland, CA 94604. Thank you! RELATIONSHIP BETWEEN JOBS AND HOUSING (1) What is the existing and projected relationship between jobs within your jurisdiction and housing? The City of Saratoga is a built out bedroom community with a very small job base. There are no meaningful opportunity sites within the City that would lead to any significant increase (2) What is the existing and projected relationship between jobs outside of your jurisdiction and housing? Several larger cities within Santa Clara County are experiencing both job and housing growth. Those cities that have increasing employment are also increasing their housing supply. 263 (3) What is the distribution of anticipated household growth, particularly as it relates to opportunities to maximize the use of public transportation and existing transportation infrastructure? The total shares should add up to 100 percent. Priority Development Areas (PDAs): 0 % Other parts of the jurisdiction near transit (within viz mile of 20 minute service): 0 % Other parts of the jurisdiction not near transit: 100 oho OPPORTUNITIES AND CONSTRAINTS (4) Check off which areas include opportunities and/or constraints to the development of additional housing: Opportunities Constraints Explanation Sewer Capacity ❑ ❑■ Sanitary district contracted capacity limits Water Capacity ❑ 0 State -wide water supply constraints Land Suitability ❑ ❑■ No meaningful vacant land left w /in the City Preserved Lands ❑ ❑E Much of the City is in the hillsides with voter ap Schools ❑ 0 Parks ❑ ❑■ There are no locations to expand parks for any Public Services ❑ 0 The City receives a much lower % of property t M151_1001 (5) How would you characterize the market demand for housing in your jurisdiction? Considerably lower than that of cities with a growing job base. How would you characterize the demand for jobs in your jurisdiction? Low as there are no real opportunities for additional job growth. 2 264 (6) How do you expect the market demand for housing for your jurisdiction to change compared to the previous 10 years? Higher Same Lower Within the next decade (2012 -2022) ❑ ❑■ ❑ Beyond the next decade (2023 -2040) ❑ ❑■ ❑ (7) Has there been a loss of affordable units contained in assisted housing developments in the last 10 years? F21 No ❑ Yes If yes, please explain: (8) Do you expect loss of affordable units contained in assisted housing developments in the next 10 years? 0 No ❑ Yes If yes, please explain: (9) Estimate the percent of households in your jurisdictions that confront a high- housing cost burden: Spend more than 30% of total income on housing: % Spend more than 50% of total income on housing: % (10) Are there workers employed on farms in your jurisdiction? ❑No ❑ Yes 3 265 (11) Is there a need for farmworker housing in your jurisdiction? ❑■ No ❑ Yes If yes, then explain: (12) What are the impacts of colleges and universities on your housing need? ❑ High —major colleges within your jurisdiction ❑■ Medium —major colleges in adjoining jurisdictions ❑ Low — major colleges not in the vicinity AGREEMENTS (13) What agreements, if any, are there in place between your county and the cities in your county which direct growth toward the incorporated or unincorporated areas of the county? Santa Clara County has long standing policies that direct growth in incorporated areas. COMMENTS Are there any other factors you believe should be considered? 2 266 e r r .. ^■ i nr • r CITY OF SARATOGA 13777 FRUITVALE AVENUE r SARATOGA, CALIFORNIA 95070 r (408) 868 -1200 November 7, 2012 Ezra Rapport ABAG Executive Director 101 Eight Street Oakland, CA 94607 RE: 2014 -2022 RHNA Revision Addenda Dear Mr. Rapport: COUNCIL MEMBERS: Maurry Cappello Jill Hunter Emily Lo Hat and Miller Chuck Page This letter is an addendum to the City's revision request (enclosed) to the 438 units proposed in the draft 2014 -2022 RHNA. We respectfully request an allocation of 204 units with no change to the percentage of very -low, low, and moderate income units. The draft RHNA proposed for Santa Clara County is 1,204 units less than the allocation in the previous housing cycle and five Santa Clara County cities with employment centers and good public transportation access also have lower allocations than the previous cycle. However, four cities with no employment centers and poor public transportation access have 150% higher allocations. While these allocations may technically follow the approved housing methodology, they are not consistent with the Government Code requirements that the allocations consider a jurisdiction's jobs / housing relationship (65584.04(d)(1)] and access to public transportation (65584.04(d)(3)]. Significantly increasing housing units in outlying areas away from jobs and transit is not consistent with the goals of SB375 and will increase vehicle miles traveled and greenhouse gas emissions within the County. The enclosed table illustrates how the 59,134 units proposed for Santa Clara County can be redistributed to be more consistent with the sustainability goals of SB375. With this addendum the City is also providing data from the Census Bureau which shows only 4,194 paid employees within Saratoga in 2010, whereas the employment modeling performed for the RHNA estimates 11,874 jobs in the City for the same time period. This estimate cannot be accurate given the limited about of non - residential land within the City and that our top employer, West Valley Community College, employs less than 800 people and our second highest employer, Saratoga Union School District, only employs 220 people. Your staff has been very accessible and helpful through the development of the methodology and more recently in helping navigate the revision / appeal process. We look forward to a favorable decision on our revision request. -11 Lindsay unity Development Director Enc. 267 POSSIBLE ALTERNATIVE 2014 -2022 RHNA .: 2007-2014 2014 -2022 RHNA RHNA RHNA Comparison Santa Clara County (Draft) (Current) Comparison Ratio San Jose 34,929 34,721 208 1.01 Sunnyvale 5,978 4,426 1,552 1.35 Santa Clara 4,581 5,873 (1,292) 0.78 Milpitas 3,276 2,487 789 1.32 Mountain View 2,913 2,599 314 1.12 Palo Alto 2,231 2,860 (629) 0.78 Cupertino 913 1,170 (257) 0.78 Gilroy 1,195 1,615 (420) 0.74 Campbell 929 892 37 1.04 Morgan Hill 984 1,312 (328) 0.75 Los Gatos 618 562 56 1.10 Los Altos 222 317 (95) 0.70 Saratoga 204 292 (88) 0.70 Los Altos Hills 57 81 (24) 0.70 Monte Sereno 29 41 (12) 0.70 Unincorporated 77 1,090 (1,013) 0.07 County Wide Totals 59,135 60,338 (1,203) 0.g$ .: IV (0 Fact Finder CB1000CZ1 1 2010 County Business Patterns: ZIP Code Business Statistics: Total for Zip Code 2010 Business Patterns Table Name ZIP Code Business Statistics: Total for Zip Code: 2010 Release Date /Status 7118112 - Complete Key Table Information Beginning with reference year 2007, ZBP data are released using the Noise disclosure methodology to protect confidentiality. See Survey Methodology (htip:llwww. census .gavleconlcbp /methodology_htm) for complete information on the coverage and methodology of the ZIP Code Business Patterns data series. Universe The universe of this file is all operating establishments with one or more paid employees. This universe includes most establishments classified in the North American Industry Classification System {NAILS} Codes 11 through 813990. For specific exclusions and inclusions, see http:liwww .census- gov /econ)cbp /intro.htm. Geography Coverage The data are shown at the 5 -digit ZIP Code level only. Industry Coverage The data are shown for NAICS code 00 (Total for all sectors) only. Data Items and Other Identifying Records This file contains data on the number of establishments, total employment, first quarter payroll and annual payroll. Sort Order Data are presented in ascending ZIP Code sequence. FTP Download Download the entire table at http:llwww2. census. govl econ20l0 1CB1sector001CB1000CZ1.zip Contact Information U.S. Census Bureau Economic Planning & Coordination Division Register Analysis Branch Tel: (301)763 -2580 Email: epcd. county .business.patterns @census.gov Release Date: 7/18112 1 Status: Complete NOTE: Data based on the 2010 Zip Business Patterns. For information on confidentiality protection, nonsampling error, and definitions, see Survey Methodology, 2007 North Meaning of 207 Number of Paid employees American North American establishments for pay period Geographic area Industry Industry including March name Classification Classification Year code 12 (number) System (NAICS) System (NAICS) code code ?IP 95070 100 Total for all 010 711 4,194 1 of 2 First- quarter Annual payroll payroll ($1,000) ($1,000) 36,359 1 157,332 I +1.7101KI]VA CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 September 18, 2012 Ezra Rapport AEAG Executive Director 101 Eight Street Oakland, CA 94607 RE: Appeal of 2014 -2022 Draft RHNA Allocation Dear Mr. Rapport: COUNT CIL X[EXIMYS: f,Lmu y Cgpefla I& Hunkr Evidy Lo Ouock Page The City of Saratoga respectfully requests a reduction to the 438 units shown in the draft RHNA allocation for 2014- 2022. The City's allocation is a direct result of the minimum housing floor within the fair share component of the final draft methodology. As stated in our previous comment Ietters, the minimum housing floor is clearly inconsistent with the overall objective of Government Code 65584 and Senate Bill 375 which is to better integrate land -use and transportation planning. Any significant housing growth in smaller bedroom communities that are not supported by employment centers or public transit would increase regional vehicle miles traveled and greenhouse gas emissions, The past RHNA performance within the fair share component also penalizes smaller cities that have a lower number of affordable units permitted in the 1999 - 2006 cycle. Cities should be evaluated on the number of affordable units permitted as a percentage of the total units permitted in their jurisdiction. Affordable housing units are being built in smaller built -out cities and those cities should be acknowledged for that effort based on the performance of the local housing market and the total number of permits issued. I look forward to working with your staff to discuss the reductions to Saratoga's 2014 -2022 draft RHNA allocation. Sincerely, Lindsay unity Development Director 270 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 June 05, 2012 Ken Kirkey ABAG Planning Director 101 Eight Street Oakland, CA 94607 RE: Comments on the Draft RHNA Methodology Dear Mr. Kirkey: COUNCIL N EMBERS: Manny Cappello Jill Hunter Emily Lo Hoawr l hiller Clunk Page Thank you for sending the City of Saratoga the draft Regional Housing Need Allocation (RHNA) Methodology, which we received on May 30, 2012. Based on my review of the proposed methodology, 1 believe that it does not promote an improved relationship between jobs and housing. I also believe that it would not result in a housing distribution that maximizes the use of public transportation and existing transportation infrastructure. The projected 60,606 units allocated to Santa Clara County would be very similar to the County's 2007 - 2014 allocation, yet some cities with large employment centers and convenient transit access would be allocated a much smaller number of units in 2014- 2022. The draft methodology consequently burdens the smaller and built -out cities that have limited employment and transit opportunities with a much higher housing ratio, up to 1.5 times the 2007 - 2014 allocation. 11Paae Santa Clara County 2014 - 2022 2007 DRAFT 60,606 60,338 268 City of Santa Clara 3,812 5,873 (2,061) Unincorporated 58 1,090 (1,032) Palo Alto 2,192 2,860 (668) Los Altos 476 317 159 Saratoga 1 438 292 146 Los Gatos 616 562 54 Los Altos Hills 122 81 41 Monte Sereno 62 41 21 271 The use of a minimum housing floor using 40% of household formation growth results in a housing allocation that is clearly inconsistent with the overall objective of Government Code 65504 and Senate Bill 375, to better integrate land -use and transportation planning. Any significant housing growth in smaller bedroom communities that are not supported by employment centers or public transit would increase regional vehicle miles traveled and greenhouse gas emissions. The draft proposed methodology also penalizes smaller cities that have a lower number of affordable units permitted in the 1999 - 2006 cycle. Cities should be evaluated on the number of affordable units permitted as a percentage of the total units permitted in their jurisdiction. Affordable housing units are being built in smaller built -out cities and those cities should be acknowledged for that effort based on the performance of the local housing market and the total number of permits issued. I appreciate the opportunity to provide my perspective regarding the proposed methodology. Please include my comments in the feedback provided to the ABAG Executive Board at its July 19, 2012 meeting. Sincerely, Chuck Page Mayor of Saratoga 272 March 28, 2012 r Ken Kirkey ABAG Planning Director 101 Eighth Street Oakland, CA 94607 RE: Draft Regional Housing Needs Allocation (RHNA) Methodology Dear Mr. Kirkey: The cities of Campbell, Cupertino, Town of Los Gatos, Monte Sereno, and Saratoga have developed a successful partnership over the years due to the many similarities between our jurisdictions. We are predominately built -out residential communities with fewer jobs and access to public transit than other cities within Santa Clara County. As a result, our residents have limited transportation choices and rely heavily on personal vehicles to commute to work. In addition, there are no planned transit extensions within our jurisdictions apart from the possible future 1.5 mile extension of VTA's Light Rail to Route 85 and Winchester Boulevard. Any modest increase in household growth, over what is already accounted for in our general plans, would increase carbon dioxide emissions through additional vehicle miles traveled. One of the primary components of Senate Bill 375 is to link transportation and land -use planning through the Sustainable Communities Strategy (SCS) to reduce the region's carbon dioxide emissions from cars and light duty trucks. The primary strategy of the SCS is to build better access to mass transit and create housing proximity to jobs and services. This strategy would provide commuters more transportation choices and reduce vehicle miles they need to travel. In 2008, the Association of Bay Area Governments was the first coalition of governments in the State to connect the regional housing needs allocation (RHNA) to the type of focused- growth that is central to the SCS. However, the Housing Methodology Committee (HMC) appears to be working against the progress ABAG has made by continuing to recommend a significant minimum housing distribution. This methodology gives more weight to a "fair share" distribution rather than sustainability factors that are more consistent with the objectives of SB 375. 273 We believe that the minimum fair share distribution threshold, currently proposed at 40% of household formation, should be eliminated. Our issue is not with the allocation of affordable units but with the minimum distribution of total housing growth. We believe it is important for all communities to include housing for a mix of income levels. The table below, using recent information from the HMC, illustrates the impact of the fair share distribution over the sustainability factors. Source: HMC Draft RHNA Allocation 3112112 Cities within the region that have larger Priority Development Areas, which have access to current or future transit facilities, and are near major employment centers are being given priority in the distribution of grant funds over smaller built -out residential communities. These additional funds should help offset the infrastructure and service requirements of more housing and population where it is most needed. As Mayors representing the cities of Campbell, Cupertino, Town of Los Gatos, Monte Sereno, and Saratoga we request the ABAG Executive Board approve the RHNA Methodology with sustainability factors consistent with SB 37S but without a minimum housing threshold. Sincerely, - E Mark Santoro Michael Kotowski Steve Rice lr, City of Cupertino Mayor, City of Campbell Mayor, Town of Los Gatos Susan Garner Chuck Page Mayor, City of Monte Sereno Mayor, City of 274 January 20, 2012 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 - (408) 868 -1200 Ken Kirkey ABAG Planning Director 101 Eighth Street Oakland, CA 94607 RE: Comments on the SCS Alternative Scenarios Mr. Kirkey: COUNCIL N[ENIBERS: Manny Ceappeflu fill Hunter £nail) Lo Howard Miller Chuck Page Thank you for the continued opportunities for local governments to actively participate and comment on the creation of the Sustainable Communities Strategy (SCS). As Mayor of Saratoga, I fully support the objectives of Senate Bill (SB) 375 to decrease greenhouse gas emissions by reducing vehicle miles traveled (VMT) through the integration of land -use and transportation planning. It was my understanding that the development of the SCS would encourage a residential development pattern that would reduce VMT and the regional housing needs allocation (RHNA) produced by your staff would be consistent with that pattern. The result should be a substantial change from previous "fair share" housing methodologies that drove past allocations. The SCS Alternative Scenarios show the City of Saratoga being allocated 2,250 housing units over the next 30 years (a 21% increase from our existing households). This has translated to a possible RHNA of up to 781 units being allocated to the City during the next Housing Element cycle. Our current RHNA for the 2007 -2014 cycle is 292 units. Therefore, the work on the SCS appears to be driving up our future housing allocation by over 267%. This astronomical increase appears to be a result of ABAG's new policy to require jurisdictions to house 40% of household formation. This minimum household growth policy is clearly inconsistent with the objectives of SB 375 to reduce VMT. The City of Saratoga is a built out bedroom community with a very small job base, no potential for significant job growth, and is poorly serviced by public transit. Any significant housing growth within the City of Saratoga would increase regional VMT and greenhouse gas emissions. I respectfully request ABAG fulfill the intent of SB 375 and produce an SCS that truly integrates land -use and transportation planning and eliminate the out dated "fair share" distribution policies. Sincerely, A Ct uck Page Mayor, City of Sarato€ 275 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area July 25, 2012 San Francisco Bay Area City Managers and Planning /Community Development Directors, The Regional Housing Need Allocation (RHNA) process for the San Francisco Bay Area reached its second milestone. On July 19, 2012, the ABAG Executive Board adopted the Draft RHNA Methodology and Preliminary Subregional Shares for the fifth cycle: 2014 - 2022 for all jurisdictions and subregions by income category. The adoption finalized the Draft RHNA Methodology according to the recommendations submitted by ABAG Staff in response to the input received during the 60 -day public comment period that began on May 18, 2012 and closed on July 16, 2012. This milestone was reached through your involvement and the diligent efforts performed by the Housing Methodology Committee (HMC). The HMC represents a diverse set of interests that reflect both local and regional needs. This regional committee created the adopted Draft RHNA Methodology through an iterative process of workshops and meetings that began in January 2011. As we have reached the half -way point in the RHNA process, this memo provides an overview of the adopted RHNA Methodology and Subregional Shares as reflected in Resolution(s) 12 -12 and 12 -13. Finally, this memo details the next RHNA steps for local jurisdictions and subregions. 276 0 ABAG Final Draft RHNA Methodology 1. Sustainability Component This component advances the goals of SB 375; this factor is based on the Jobs - Housing Connection Strategy, which allocates new housing development into Priority Development Areas (PDAs) and non -PDAs. By concentrating new development in PDAs, the Strategy helps protect the region's natural resources, water supply, and open space by reducing development pressure on rural areas. This allows the region to consume less energy, reducing household costs and the emission of greenhouse gases. Following the land use distribution specified in the Jobs - Housing Connection Strategy, 70% (131,593) of the 187,990 units determined by HCD will be allocated to PDAs and the remaining 30% (56,397) will be directed to non -PDA locations. As of July 19, 2012, the Jobs - Housing Connection Strategy has been modified to a feasible growth concentration over the 2014 -2022 RHNA cycle. This new distribution results in a shifting of approximately 3,500 units or 1.5 percent of the total regional allocation. This modification shifts housing units from Oakland, Newark, and San Jose primarily to medium sized cities within the employment commute shed of these cities. 2. Fair Share Component This component achieves the requirement that all cities and counties in California work to provide a fair share or proportion of the region's total and affordable housing need. In particular, cities that had strong transit networks, high employment rates, and performed poorly on the 1999 -2006 RHNA cycle for very -low and low income units received higher allocations. Fair Share scoring is addressed through the factors listed below. • Upper Housing Threshold: If growth projected by the Jobs - Housing Connection Strategy in PDAs meets or exceeds 110% of the jurisdiction's household formation growth, it is not assigned additional growth outside the PDA, which ensures that cities with large PDAs are not overburdened. Page 2 of 6 277 • Minimum Housing Floor: Jurisdictions are assigned a minimum of 40 percent of their household formation growth but not to exceed 1.5 times its 2007 -2014 RHNA. This factor encourages all jurisdictions to produce a fair proportion of total housing need. • Past RHNA Performance: In non -PDA areas, the total low- and very -low income units that were permitted in the 1999 -2006 RHNA cycle were used as a factor for this cycle. For example, cities that exceeded their RHNA obligation in these two income categories received a lower score. • Employment: In non -PDA areas, the employment was factored using the 2010 job estimates for a jurisdiction. Jurisdictions with higher employment received a higher score. • Transit: In non -PDA areas, transit was factored for each jurisdiction. Jurisdictions with higher transit frequency and coverage received a higher score. 3. Income allocation (Amended as of July 19, 2012) The income allocation factor ensures that jurisdictions that already supply a large amount of affordable housing receive lower affordable housing allocations. This also promotes the state objective for increasing the mix of housing types among cities and counties equitably. The income allocation requirement is designed to ensure that each jurisdiction in the Bay Area plans for housing people of every income. The income distribution of a jurisdiction's housing need allocation is determined by the difference between the regional proportion of households in an income category and the jurisdiction's proportion for that same category. Once determined, this difference is then multiplied by 175 percent. The result becomes that jurisdiction's "adjustment factor." The jurisdiction's adjustment factor is added to the jurisdiction's initial proportion of households in each income category. The result is the total share of the jurisdiction's housing unit allocation for each income category. Page 3 of 6 278 On July 19, 2012, the calculation of current income groups by jurisdiction was modified. This calculation was based on the regional median household income instead of the county median household income. This adjustment provided a better regional alignment of the income distribution formula of 175 percent. Using the median income for the region eliminates this disparity and places all counties on equal footing. This adjustment did not change a jurisdiction's total allocation, but shifted the distribution across its income categories. Counties with residents that are above the regional median household income (Contra Costa, Marin, San Mateo, and Santa Clara) experienced a shift towards a greater concentration of units in the very -low, low, and moderate income categories. Counties with residents below the regional median household income (Alameda, Napa, San Francisco, Solano, and Sonoma) experienced shifts towards a greater concentration in the above moderate income category 4. Sphere of Influence Adjustments Every city in the Bay Area has a Sphere of Influence (SOI) which can be either contiguous with or go beyond the city's boundary. The SOI is considered the probable future boundary of a city and that city is responsible for planning within its SOI. The SOI boundary is designated by the county's Local Area Formation Commission ( LAFCO). The LAFCO influences how government responsibilities are divided among jurisdictions and service districts in these areas. The allocation of the housing need for a jurisdiction's SOI where there is projected growth within the spheres varies by county. In Napa, San Mateo, Santa Clara, Solano, and Sonoma counties, the allocation of housing need generated by the unincorporated SOI is assigned to the cities. In Alameda and Contra Costa counties, the allocation of housing need generated by the unincorporated SOI is assigned to the county. In Marin County, 62.5 percent of the allocation of housing need generated by the unincorporated SOI is assigned to the city and 37.5 percent is assigned to the county. Page 4 of 6 279 Subregions Shares Napa, San Mateo and Solano counties with the inclusion of all cities within each county have formed the three subregions for this RHNA cycle. These counties are each considering an alternative housing allocation methodology. The share of the RHND total for each of these subregions is defined by the ratio between the subregion and the total regional housing growth for the 2014 to 2022 period in the Jobs - Housing Connection Strategy, which is the same ratio as in RHNA. Napa will receive 0.7883 %, San Mateo will receive 8.7334 %, and Solano will receive 3.7113% of the region's total RHND. Next Steps The most recent adoption authorizes the beginning of the 60 -day Revisions and Appeals process. During this period, each jurisdiction and subregion are allowed to request for revisions to its allocation or submit an appeal to the RHNA process.' The objective of the appellate process is to allow ABAG Staff to work directly with local jurisdictions and subregions to discuss its proposed allocation of housing units for the 5th 2014 -2022 RHNA cycle. The deadline to submit an appeal or to request for a revision is September 18, 2012. To ensure that ABAG Staff will have adequate time to respond to requests before or by the next Executive Board Meeting on September 20, 2012, we are recommending that jurisdictions and subregions submit their request by September 10, 2012. Requests or questions regarding the Revision and Appeals process should be sent to RHNA_Feedback @abag.ca.gov. By April 2013, ABAG will issue Final Allocations that will be subject to a final adoption by the ABAG Executive Board. In June and July 2013, the Department of Housing and Community Development (HCD) will review the San Francisco Bay Area RHNA Plan. Thank you for your involvement in this process. By the end of August we will be distributing a technical report that details the mechanics of the RHNA methodology. In this report, you will find worksheets and explanations to each step we took to calculate the individual allocations to jurisdictions and subregions. For a list of the upcoming phases for the RHNA process, please see the attached list of events at the end of the enclosed packet. I Government Code §65584.05(b) :1 Page 5 of 6 Respectfully, Miriam Chion Acting Director of Planning and Research, ABAG Attachment A: Draft RHNA (released on July 19, 2012) Page 6 of 6 281 DRAF" REGIONAL HOUSING NEED ALLOCATION (2014 -2022) Very Low Low Moderate Above 0 -50% 51 -80% 81 -120% Moderate Total 120%+ REGION Alameda County Alameda Albany Berkeley Dublin Emeryville Fremont Hayward Livermore Newark Oakland Piedmont Pleasanton San Leandro Union City Alameda County Unincorporated Contra Costa County Antioch Brentwood Clayton Concord Danville El Cerrito Hercules Lafayette Martinez Moraga Oakley Orinda Pinole Pittsburg Pleasant Hill Richmond San Pablo San Ramon Walnut Creek Contra Costa County Unincorporated 46,680 28,940 33,420 78,950 187,990 442 247 282 745 1,716 80 53 57 144 334 530 440 581 1,395 2,946 793 444 423 615 2,275 275 210 258 749 1,492 1,707 922 974 1,829 5,432 862 490 625 2,044 4,021 835 472 494 916 2,717 328 166 157 422 1,073 2,050 2,066 2,803 7,782 14,701 24 14 15 7 60 713 389 405 551 2,058 502 269 350 1,156 2,277 316 179 191 415 1,101 428 226 294 814 1,762 9,885 6,587 7,909 19,584 43,965 348 204 213 677 1,442 233 123 122 278 756 51 25 31 34 141 794 442 556 1,670 3,462 195 111 124 125 555 100 63 69 165 397 219 117 100 243 679 146 83 90 107 426 123 72 78 194 467 75 43 50 60 228 316 173 174 500 1,163 84 47 53 42 226 80 48 42 126 296 390 253 315 1,058 2,016 117 69 84 176 446 436 304 408 1,276 2,424 55 53 75 264 447 514 278 281 338 1,411 601 353 379 892 2,225 372 217 242 530 1,361 5,249 3,078 3,486 8,755 20,568 RHNA Methodology adopted by ABAG Executive Board on July 19, 2012. ABAG is scheduled to issue Final Allocation in April 2013 and to adopt in May 2013. 282 Marin County Belvedere Corte Madera Fairfax Larkspur Mill Valley Novato Ross San Anselmo San Rafael Sausalito Tiburon Marin County Unincorporated Napa County American Canyon Calistoga Napa St. Helena Yountville Napa County Unincorporated San Francisco County San Francisco DRAFT REGIONAL HOUSING NEED ALLOCATION (2014 -2022) RHNA Methodology adopted by ABAG Executive Board on July 19, 2012. ABAG is scheduled to issue Final Allocation in April 2013 and to adopt in May 2013. 283 Above Very Low Low Moderate Moderate Total 0 -50% 51 -80% 81 -120% 120%+ 4 3 4 5 16 22 13 13 24 72 16 11 11 23 61 40 20 21 51 132 41 24 26 38 129 111 65 72 166 414 6 4 4 4 18 33 17 19 37 106 239 147 180 437 1,003 26 14 16 23 79 24 16 19 19 78 55 32 37 60 184 617 366 422 887 2,292 116 54 58 164 392 6 2 4 15 27 185 106 141 403 835 8 5 5 13 31 4 2 3 8 17 51 30 32 67 180 370 199 243 670 1,482 6,207 4,619 5,437 12,482 28,745 6,207 4,619 5,437 12,482 28,745 RHNA Methodology adopted by ABAG Executive Board on July 19, 2012. ABAG is scheduled to issue Final Allocation in April 2013 and to adopt in May 2013. 283 DRAFT REGIONAL HOUSING NEED ALLOCATION (2014 -2022) Very Low Low 0 -50% 51 -80% San Mateo County Moderate Above 81 -120% Moderate Total 120%+ Atherton 36 27 29 14 106 Belmont 116 63 67 121 367 Brisbane 25 13 15 30 83 Burlingame 280 149 158 388 975 Colma 20 8 9 30 67 Daly City 408 194 225 681 1,508 East Palo Alto 64 54 83 266 467 Foster City 148 87 76 119 430 Half Moon Bay 52 31 36 67 186 Hillsborough 50 29 34 16 129 Menlo Park 237 133 145 219 734 Millbrae 193 101 112 272 678 Pacifica 121 68 70 154 413 Portola Valley 21 15 15 13 64 Redwood City 706 429 502 1,147 2,784 San Bruno 365 166 208 555 1,294 San Carlos 195 107 111 183 596 San Mateo 859 469 530 1,172 3,030 South San Francisco 576 290 318 922 2,106 Woodside 23 13 15 11 62 San Mateo County Unincorporated 100 61 72 106 339 4,595 2,507 2,830 6,486 16,418 Santa Clara County Campbell 252 137 150 390 929 Cupertino 354 206 230 269 1,059 Gilroy 235 159 216 473 1,083 Los Altos 168 99 112 96 475 Los Altos Hills 46 28 32 15 121 Los Gatos 200 112 132 173 617 Milpitas 1,000 568 563 1,145 3,276 Monte Sereno 23 13 13 12 61 Morgan Hill 272 153 184 315 924 Mountain View 810 490 525 1,088 2,913 Palo Alto 688 430 476 585 2,179 San Jose 9,193 5,405 6,161 14,170 34,929 Santa Clara 1,045 692 752 1,586 4,075 Saratoga 147 95 104 92 438 Sunnyvale 1,780 992 1,027 2,179 5,978 Santa Clara County Unincorporated 22 13 14 28 77 16,235 9,592 10,691 22,616 59,134 RHNA Methodology adopted by ABAG Executive Board on July 19, 2012. ABAG is scheduled to issue Final Allocation in April 2013 and to adopt in May 2013. ., DRAF" REGIONAL HOUSING NEED ALLOCATION (2014 -2022) Very Low Low Moderate Above 0 -50% 51 -80% 81 -120% Moderate Total 120%+ Solano County Benicia 94 54 56 123 327 Dixon 50 24 30 93 197 Fairfield 861 451 514 1,664 3,490 Rio Vista 15 12 16 56 99 Suisun City 105 40 41 169 355 Vacaville 287 134 173 490 1,084 Vallejo 283 178 211 690 1,362 Solano County Unincorporated 16 9 12 26 63 1,711 902 1,053 3,311 6,977 Sonoma County Cloverdale 39 29 31 111 210 Cotati 35 18 18 66 137 Healdsburg 31 24 26 75 156 Petaluma 198 102 120 321 741 Rohnert Park 180 107 126 482 895 Santa Rosa 943 579 756 2,364 4,642 Sebastopol 22 17 19 62 120 Sonoma 24 23 27 63 137 Windsor 120 65 67 187 439 Sonoma County Unincorporated 219 126 159 428 932 1,811 1,090 1,349 4,159 8,409 REGION 46,680 28,940 33,420 78,950 187,990 RHNA Methodology adopted by ABAG Executive Board on July 19, 2012. ABAG is scheduled to issue Final Allocation in April 2013 and to adopt in May 2013. 285 STATE_OF_CALLEORRIA -BUS] NESS— TRANSPORTAIlON- AND - HOUSING AGENCY EDMUND-13- BRQW1LtJ3.._GovemQr DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. O' Box 952053 Sacramento, CA 94252 -2053 (916) 323 -3177 / FAX (916) 327 -2643 www. hcd. ca. qov February 24, 2012 Mr. Ezra Rapport Executive Director Association of Bay Area Governments 101 Eighth Street Oakland, CA 94607 Dear Mr. Rapport: RE: Regional Housing Need Determination for Housing Element Updates 7 • e'�LfA03t7��• This letter provides the Association of Bay Area Governments (ABAG) its regional housing need assessment (RHNA) determination for the projection period January 2014 through October 2022. The Department of Housing and Community Development (Department), is required to determine ABAG's existing and projected housing need pursuant to State housing law (Government Code Section 65584, et. seq.). As you know, Senate Bill 375 (Chapter 728, Statutes of 2008) strengthened the existing coordination of housing and transportation planning by requiring Metropolitan Planning Organizations (MPO) to develop and incorporate a new sustainable community strategy (SCS) in the Regional Transportation Plan (RTP) to achieve greenhouse gas emission reductions and ensure the SCS accommodates the RHNA. SB 375 also amended the RHNA schedule and methodology among other things that strengthened rezoning requirements. Since only partial demographic data is available from Census 2010, the Department's RHNA determination also utilized American Community Survey (ACS) data. In assessing ABAG's regional housing need, the Department considered the critical role housing plays in developing sustainable communities and supporting employment growth. The Department determined ABAG's regional housing need to be 187,990 units for the 8.8 -year projection period from January 2014 through October 2022. The housing need was determined in consideration of the extraordinary uncertainty regarding national, State, local economies and housing markets. For this RHNA cycle only, the Department made an adjustment to account for abnormally high vacancies and unique market conditions due to prolonged recessionary conditions, high unemployment, and unprecedented foreclosures. :. Mr. Ezra Rapport Page 2 This RHNA also reflects the Department's consideration of ABAG's strong socio- economic base and potential for recent household formation trends to continue at a fast and more diverse pace, particularly among older age groups that will continue to generate higher housing demands. In assessing ABAG's regional housing needs, the Department and representatives of ABAG completed the consultation process specified in statute through periodic meetings and conference calls from January 2011 through November 2011. ABAG participants included Mr. Paul Fassinger, Director of Research and Analysis; Ms. Miriam Chion, Principal Planner; Mr. Hing Wong, Senior Regional Planner; and Ms. Gillian Adams, Regional Planner. The Department also consulted with the State Department of Finance (DOF) Demographic Research Unit as specified in statute. In finalizing ABAG's RHNA, the Department applied methodology and assumptions regarding the following factors (Government Code Section 65584.01(c)(1)): • anticipated household growth associated with projected population increases; • household size data and trends in household size; • rate of household formation, or headship rates, based on age, gender, ethnicity, or other established demographic measures; • vacancy rates in existing housing stock, and for healthy housing market functioning and regional mobility, as well as housing replacement needs; • other characteristics of the composition of the projected population; and • the relationship between jobs and housing, including any imbalance between jobs and housing. Data, assumptions, and descriptive information provided by ABAG in regards to the above factors were considered. Although at the time of the preliminary RHNA consultation, particular relevance was ABAG's ongoing efforts to reassess the area's job- housing relationship as more than a quantitative indicator and develop a qualitative approach (the "job- housing fit" concept) to use in its transportation plan update. Assumptions made about the rate were also considered with which existing vacant "for sale" and "for rent" housing units may be absorbed for occupancy by the beginning of the projection period in 2014. The Attachments to this letter describe details of the Department's methodology and RHNA income category distribution for ABAG to allocate 187,990 housing units among all its local governments. As you know, ABAG must provide each locality a RHNA share of very -low, low -, and moderate - income units that equals the total for each of these income categories shown in Attachment 1. The RHNA represents the minimum amount of residential development capacity a jurisdiction must plan to accommodate through zoning and appropriate development strategies. RHNA is not to be used within local general plans as a maximum amount or cap of residential development to plan for or approve. 287 Mr. Ezra Rapport Page 3 ABAG's RHNA projection period (also described in the attachments) was determined pursuant to Government Code Section 65588(e)(6), to coordinate housing and transportation planning based on ABAG's estimated RTP adoption date of April 24, 2013. Please note that if the actual RTP adoption date differs from the estimated date, it could change the housing element due date, and implicitly the housing element planning period. However, such changes would not impact RHNA as there is no statutory provision to amend the housing need projection period and the Department's final RHNA Determination. ABAG is responsible for developing a RHNA distribution methodology and adopting a RHNA Plan for the period of January 1, 2014 through October 31, 2022. Housing element law (Government Code Section 65584, et. seq.) requires ABAG's methodology and RHNA Plan to be consistent with the following objectives: • increasing the housing supply and mix of housing types, tenure, and affordability; • promoting infill development and socio- economic equity, protecting environmental and agricultural resources, and encouraging efficient development patterns; • promoting an improved intraregional relationship between jobs and housing; and • balancing the distribution of households by income category. Pursuant to Government Code Section 65584.05(h), ABAG is required to submit its RHNA Plan to the Department for approval within three days of adopting the RHNA Plan. Once the Department has approved the RHNA Plan, ABAG is to distribute to all its local government members their income category shares of new housing needs to be addressed in their housing element updates covering 2014 - 2022. In updating their housing element, local governments may only take RHNA credit for units permitted since the January 1, 2014 start date of the RHNA projection period providing that the element adequately describes how units were credited to different income categories based on actual or projected sale price or rent level data. Also, any city planning to accommodate a portion of RHNA on sites within the City's Sphere of Influence (SOI) must include an annexation program in the housing element. The annexation program must demonstrate SOI sites can be annexed early enough in the planning period to make adequate sites available before triggering penalties pursuant to Government Code sections 65583(c)(1)(A), and 65583(f). Regarding transfers of housing need among local governments, AB 242 (Chapter 11, Statutes of 2008) amended certain provisions of Government Code Section 65584.07. RHNA transfers agreed between local governments may occur until adoption of the RHNA Plan. Once ABAG has adopted its RHNA Plan and prior to the housing element due date, transfers meeting specified conditions may only occur from a county to cities within the county. Transfers after the due date of the housing element are restricted to annexations and incorporations and must be completed within specified timeframes. The number of units by income to be transferred is determined either based on a mutual agreement between affected local governments, or, if no agreement is reached, by the entity responsible for allocating housing need (ABAG, or subregion where applicable). NW Mr. Ezra Rapport Page 4 The Department must be notified of all transfers; jurisdictions affected by RHNA transfers must amend their housing element within a specified timeframe. The Department applauds ABAG's efforts and leadership, in coordination with the region's Metropolitan Transportation Commission (MTC), to meet the objectives of SB 375, and also ABAG's role in enhancing the One Bay Area Grant programs to address integration of regional transportation planning and housing. Also, the Department congratulates the region for its recent $4.9 million award from the U.S. Department of Housing and Urban Development to develop a San Francisco Bay Area Regional Prosperity Plan for the Nine County San Francisco Bay Area region. This initiative will further increase access to regional prosperity for workers, by creating middle- income jobs and developing and preserving affordable housing in transit - served communities. The Department appreciates the assistance provided by Mr. Hing Wong, ABAG Senior Planner. We look forward to a continued partnership with ABAG and its member jurisdictions in planning efforts to accommodate the region's share of housing need. If you have any questions or need additional assistance, please contact me or Anda Draghici, Senior Housing Policy Specialist, at (916) 445 -4728. Sincerely, 41�Qor Glen A. Campora Assistant Deputy Director Enclosures :• ATTACHMENT 1 HCD REGIONAL HOUSING NEED DETERMINATION: ABAG Projection Period: January 1, 2014 through October 31, 2022 Income Category Percent Regional Housing Need (rounded) (') Very -Low 24.8% 46,680 Low 15.4% 28,940 Moderate 17.8% 33,420 Above - Moderate 42.0% 78,950 Total 100.0% (2) 187,990 (3) (1) The statutory objective regarding RHNA requires HCD, in consultation with Department of Finance (DOF) and councils of governments (COGs), to determine projected household growth and housing need based on DOF population projections and COG regional population forecasts and requires regional and local jurisdictions to plan to accommodate capacity for all of the projected RHNA. The Legislature recognizes that different assumptions and variances in methodologies can be used that can result in different population projections. Projection of housing need developed by DOF and HCD for RHNA purposes does not consider local government constraints. For this RHNA cycle only (due to unique conditions not expected to recur to impact future RHNA cycles), the housing need was adjusted downward to account for different absorption estimates for unprecedented high vacancies in existing stock due to extraordinary conditions including high foreclosures and economic uncertainties. (2) The income category percentages reflect the minimum percentage to apply against the total RHNA decided by ABAG in determining housing need for very -low, low, and moderate income households. Each category is defined by Health and Safety Code (Section 50093, et seq.). Percentages are derived from the 2005 -2009 American Community Survey's number of households by income, over 12 month periods, by County. Housing unit need under each income category is derived from multiplying the portion of households per income category against the total RHNA determination. (3) The 187,990 allocation (see Attachment 2) reflects ABAG's projected minimum housing need (rounded), using 2005 -2009 household formation rates from American Community Surveys (ACS) and an adjustment (- 2,790) for existing excess vacant units in estimating 20% of vacant units will not be absorbed before 2014. This column represents the minimum housing need that ABAG's RHNA Plan must address in total and also for very -low, low, and moderate income categories. 290 291 ATTACHMENT 2 HCD REGIONAL HOUSING NEED DETERMINATION: ABAG Projection 1 Period: I ob I Population: October 31, 2022 7,795,408 2 less: Group Quarters Population - 160,994 3 Household (HH) Population 7,634,414 Household Formation Groups HH Population HH Formation or Headship Rate (ACS) Households Age Groups (ACS) 7,634,414 2,860,005 <15 1,379,971 - 15 -24 935,687 9.34% 87,380 25 -34 1,017,410 40.41% 411,116 35 -44 947,660 51.08% 484,060 45 -54 1,067,901 53.84% 574,976 55 -64 1,015,530 55.30% 561,594 65 -74 764,768 56.81% 434,458 75 -84 357,153 60.56% 216,290 85+ 148,333 60.76% 90,132 4 Projected Households 2,860,005 5 less: Households at Beginning of Projection Period (January 1, 2014 interpolated) - 2,675,765 6 Household Growth: 8.8 Year Projection Period 184,240 7 Vacancy Allowance Owner Renter Total 5,590 Tenure Percentage 56.19% 43.81% 184,240 HH Growth (New Unit Need) 103,520 80,720 Vacancy Rate 1.50% 5.00% 5,590 Vacancy Allowance 1 1,550 1 4,040 8 Replacement Allowance (minimum) 0.50% 189,830 950 9 less: Adjustment for Absorption of Existing Excess Vacant Units Estimate 80% Absorbed, 20% Not Absorbed by 2014 Effective Vacant Units Healthy Market Units Differential Derived (2010 Census, Vacancy Rates) (94,900) 83,000 - 11,900 Total Exisitng (2011) Housing Stock 94,900 Existing Vacant Unit (Others) Adjustment 1.55%1 1.48% Total Adjusted Existing Vacant Units (Others) (43,280) 41,210 -2,070 Estimated Units (Others) Not Absorbed by 2014 20% - 13,970 -2,790 FINAL REGIONAL HOUSING NEED DETERMINATION 187,990 1 Population: Pursuant to Government Code Section 65584.01(b), and in consultation with ABAG, the October 31, 2022 population projection was extrapolated based on Department of Finance (DOF) Interim Projections published in June 2011 for July 2020 and DOF's E5 estimate for January 2011. 2 Group Quarter Population: Figure is an estimate of persons residing either in a group home, institution, military, or dormitory using 2010 Census data for group quarters, and maintaining its proportion in the total population constant throughout the projection period. As this population doesn't constitute a "household" population generating demand for a housing unit, the group quarter population is excluded from the calculation of the household population, and is not included in the housing need. 3 Household (HH) Population: The portion of population projected to reside in housing units after subtracting the group quarter population from total projected population. 4 Projected 2022 Households (HHs): The October 2022 number of households is derived by applying (to 2022 HH population) the regional 2005 -2009 American Community Survey (ACS) household formation rates as provided by DOF. HH formation or headship rates reflect the propensity of different population groups (age, racial and ethnic) to form households. 292 ATTACHMENT 2 HCD REGIONAL HOUSING NEED DETERMINATION: ABAG 5 Households at Beginning of Projection Period: For the first time since inception of RHNA, the baseline number of households at the beginning of the projection period (January 2014) must be projected, as a direct effect of amendment to Section 65588(e)(6) specifying the new projection period to start on either June 30 or December 31 whichever date most closely precedes the end of the current housing element period (June 30, 2014 for ABAG). As such, the 2014 household number was calculated as an interpolation between DOF's E5 2011 estimate of households and the 2022 projected number of households. 6 Household (HH) Growth: This figure reflects projected HH growth and need for new units. 7 Vacancy Allowance: An allowance (unit increase) is made to facilitate availability and mobility among owner and renter units. Owner /Renter % is based on Census 2010 data. A smaller rate is applied to owner units due to less frequent mobility than for renter households. Information from a variety of authoritative sources supports an acceptable range of 1 to 4% for owner units and 4 to 8% for renter units depending on market conditions. 8 Replacement Allowance: Rate (0.5 %) reflects the housing losses that localities annually reported to DOF each January for years 2001 -2010, or 0.5 %, whichever is higher. 9 Adjustment for Absorption of Existing Excess Vacant Units: For this RHNA cycle only (due to extraordinary uncertainty regarding conditions impacting the economy and housing market not expected to similarly impact future RHNA cycles), a new one- time adjustment was made to account for unprecedented high vacancies in existing stock due to unusual conditions including high foreclosures and economic uncertainties. An absorption rate of 80% of existing excess vacant units is assumed to occur in shrinking current excess vacant units before the start of the 2014 RHNA projection period resulting in applying a 20% adjustment to account for units not absorbed that decreases new housing need by -2,790 units. Existing housing stock consists of two components: (1) housing units for sale and rent in existing housing stock that are above the housing units required to maintain the healthy market condition, calculated as the number of units in housing stock (for sale +for rent +sold, not occupied +rented, not occupied + occupied units), (2) housing units in the "vacant units others" category of existing housing stock above the simple average of 1.48% calculated based on Census data from 1990 to 2010. The Department used 2010 Census Demographic profile data (DP -1) and desirable "normal" vacancy rates by tenure, in conjunction with the region's household growth and proposed household formation rates. The vacancy adjustment is limited to not exceed the differential between the 2010 Census vacant units and the healthy market vacant units rate associated with the region's annual household growth. As the adjustment was below the differential, the adjustment was applied in calculating the RHNA determination. RHNA Projection Period January 1, 2014 to October 31, 2022: Pursuant to SIB 375, the start of the projection period (in effect January 1, 2014) was determined pursuant to GC 65588(e)(6), which requires the new projection period to start on June 30 or December 31 that most closely precedes the end of the current housing element period, which for ABAG region is June 30, 2014. The end of the projection period was determined pursuant to GC 65588(e)(5) to be the end of the housing element planning period. Note: For projection purposes the end of the projection period is rounded to the nearest start /end of the month. Housing Element Planning Period October 31, 2014 to October 31, 2022: Pursuant to SIB 375, the start of the planning period was determined pursuant to GC 65588(e)(5), 18 months from the estimated adoption date of the MTC's Regional Transportation Plan per ABAG, with the date rounded to the nearest start /end of month for projection purposes. The end of the planning period was calculated pursuant to GC 65588(e)(3)(A), 18 months after the adoption of the second RTP, provided that it is not later than eight years from the adoption of the previous housing element. If the actual RTP adoption date differs from the estimated date, the RHNA determination and the projection period will not change, however the housing element due date, and implicitly, the housing element planning period would change. 293 SA lq,q�4G'I SARATOGA CITY COUNCIL 1956 , MEETING DATE: February 6, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: FY 2012/13 Mid -Year Budget Status Report and Budget Adjustment Resolution RECOMMENDED ACTION: Review the FY 2012/13 budget status report and proposed budget adjustments, and adopt resolution approving the City's FY 2012/13 mid -year operating budget amendments. 17 303 4IR W1111LrAI►F Ell his For the fourth year, the City's fiscal year 2012/13 operating budget was developed within the anticipated constraints of the economic downturn which had resulted in stagnant property taxes and severe reductions in development revenue and interest income. Late into the 2011 /12 fiscal year however, development and property tax revenues began to show tentative signs of improvement. After finalizing year end accruals, it became clear that a number of revenues had begun to trend upward. Year -end closing numbers revealed Property Tax revenues had come in $300,000 over budget (half of this from document transfer tax), Sales Tax revenue was $75,000 over budget, Transient Occupancy Tax was $55,000 over budget, the collective Development Revenues were $320,000 over budget, and Franchise Fees were $155,000 over budget. Even with some revenues coming in under budget, the General Fund's FY 2011/12 revenues ended the year $827,700 over budget. An additional $742,600 in savings was generated from lower than budgeted expenditures, resulting in a total of $1,570,300 in General Fund net operation surplus for the year. With the advantage of closing last year's books and being mid -way into this budgeted fiscal year, it is evident that a number of FY 2012/13 revenues will end the year higher than budgeted. For planning clarity, staff recommends adjusting the current year's revenue appropriations to more accurately reflect the anticipated improved revenues, prior to beginning the next budget development cycle. In addition, staff requests a number of budgeted expenditure appropriations be revised to reflect additional expenditures, services, or transfers resulting from unbudgeted workload costs. GENERAL FUND Revenues At mid -year, Secured Property Tax revenue is tracking about 2% higher than budgeted ($100,000), whereas Document Transfer Tax is about 54% higher ($150,000). Increasing the budget on these two property taxes should account for the majority of the General Fund's total property tax anticipated revenue increase. 294 Sales Tax however is tracking lower. The City's Sales Tax consultant projected Sales Tax revenues would end the year $60,000 lower than budget, primarily due to the discovery of erroneous reporting by a few San Jose businesses with Saratoga mailing addresses, and the current year reimbursements associated with these corrections. The $1 per square foot tax on new floor area levied on building permits known as "Construction Tax" was budgeted far too low this fiscal year. Last year, revenues totaled almost $164,000. This year's mid- year receipts have already surpassed the budget appropriation of $115,000. A conservative revenue projection approximately equal to last year's receipts will require a $50,000 budget adjustment increase. Increases in a number of development fees reflect the strengthening in development activity levels. Advanced Planning Fees, Building Permits, Grading Permits, Building Inspection Services, and the Engineering, Geology, and Map Checking Reviews have all increased at significant rates. Altogether, a total of $348,500 in various development revenue budget adjustment increases is requested. During the 2011/12 fiscal year, the Sheriff's Office was able to minimize the City's share of operating costs through efficiencies and crime reduction. As a result, after the year closed, the City was reimbursed $303,294 of the $4.1 million estimated contract cost. As the reimbursement was not anticipated during budget development, an adjustment to increase General Fund revenue budget in the full amount is requested, as shown on the following summary sheet. Sadly, interest rates have remained at dreary levels. The hopeful, yet bleak assumption that interest rates wouldn't fall any further, but would instead remain in the .50% level grimly proved to be wrong, as evidenced by a proposed $10,000 budget adjustment to decrease anticipated revenue levels even further. And, a further bit of bad news, one of the cell tower leases was terminated and removed. Without a replacement lessor, this year's revenues are expected to decrease by $10,000, to be followed by a reduction of $24,000 in next year's budget and ongoing years. The Proposed Revenue Budget Adjustment Schedule below summarizes the above discussion: GENERAL FUND Proposed Revenue Budget Adjustments Adopted Budget Proposed Budget Budget Adjustment Increases 111 - 8101 - 41111 Secured Property Tax 4,885,000 4,985,000 100,000 111 - 8101 - 41121 Document Transfer Tax 280,000 430,000 150,000 111 - 8101 - 41511 Construction Tax 115,000 165,000 50,000 111 - 4102 - 43412 Advanced Planning Fees 140,000 180,000 40,000 111 - 4201 - 43471 Building Permit 700,000 900,000 200,000 111 - 4201 - 44491 Building Plan Check Fees 240,000 300,000 60,000 111 - 4201 - 43472 Grading Permit 8,000 33,000 25,000 111 - 5102 - 44511 Engineering Review Fees 35,000 45,000 10,000 111 - 5102 - 44511 Geology Review Fees 20,000 30,000 10,000 111 - 5102 - 44511 Map Check Review Fees 2,000 5,500 3,500 111 - 5102 - 44511 Sheriff Reimbursement - 303,294 303,294 Decreases 111 - 8101 - 41211 Sales Tax 1,095,000 1,035,000 (60,000) 111 - 8101 - 46111 Interest Income 55,100 45,100 (10,000) 111 - 8101 - 46283 Cell Tower Lease 94,940 84,940 (10,000) Revenue Budget Adjustment - Net Increase 871,794 295 Expenditures On the expenditure side, most General Fund expenditures are tracking in line with the budget, although a few expenses have, or are expected to exceed budget by year -end due to increases in services. Additional publications requests have put the Legal Notices account over budget. The West Valley Sanitation District's storm drain cleaning maintenance work was extensive this year and has already used up this year's budget; any additional callouts will exceed budgeted funds. Heavy storms in December caused a good deal of tree damage in the City, resulting in Public Works experiencing higher than normal roadside and park tree maintenance work. Water bills are running higher than expected; a $10,000 budget adjustment is recommended. The City's contract for orchard maintenance services was renegotiated with the current contractor, and if approved by Council, will increase for the second half of this fiscal year, and for the ongoing years. A budget adjustment is needed to offset the one -half year increase. The increase in development activities has also increased the need for building inspection services at the same time the City has a Building Inspector out on medical leave. A contract service firm has been hired to offset the backlog, but the added expense will require a budget adjustment to fund the services. An unexpected bill from the West Valley Sanitation District for a contribution toward the cost of their Ca1PERS Side Fund payoff requires a budget adjustment. And, on a positive note, lower than expected election expenditures will reduce the Election Costs expenditure budget by $20,000. Finally, two Capital Projects that Council had reviewed earlier are to be funded. These require a transfer from the General Fund to the Facility Capital Project Fund. A following budget adjustment schedule will illustrate the Capital Project Fund side of these adjustment increases. The Proposed Expenditure Budget Adjustment Schedule below summarizes the above discussion: GENERAL FUND Proposed Expenditure Budget Adjustments Adopted Budget Proposed Budget Budget Adjustment Increases 111 - 2201 - 62132 Legal Public Notices 9,000 19,000 10,000 111 - 4201 - 64173 Building Inspection Services 20,000 40,000 20,000 Ill- 5301- 64554 Orchard Services 85,000 91,500 6,500 Ill- 5103- 64734 WVSD Storm Drain Cleaning 35,000 45,000 10,000 Ill- 5201- 64544 Streets Tree Maintenance 16,500 26,500 10,000 111 - 5301 - 63112 Water 125,000 135,000 10,000 111 - 5301 - 64544 Parks Tree Maintenance 26,500 36,500 10,000 111 - 8101 - 99999 Community Center Floor (Transfer) - 64,500 64,500 111 - 8101 - 99999 Theater Master Plan (Transfer) - 60,000 60,000 111 - 5103 - 64731 WVSanitation District - Side Fund - 16,185 16,185 Decrease 111 - 2101 - 62321 Election Costs 55,000 35,000 (20,000) Expenditure Budget Adjustment - Net Increase 197,185 General Fund Net Operations The Adopted General Fund Budget includes a net operations surplus of $322,010 (funding sources less funding uses), which by itself is sufficient to fund the above proposed expenditure budget increases. Adopting the proposed revenue budget adjustments would further increase the net operations surplus. In total, if Council adopts all of the General Fund's proposed revenue and expenditure budget adjustments, the budgeted net operations surplus would increase by $674,609, bringing the total budgeted General Fund surplus to $996,619. 296 CAPITAL PROJECT FUNDS At the Council Retreat on January 25, 2013, Council directed staff to bring two unfunded Capital Projects back for budget funding adoption: the Community Center's Wood Floor Upgrade project, and the Civic Theater Master Plan Design project. The funding for these projects is included in the above General Fund Proposed Expenditure Budget Adjustment schedule as a funding requirement for a General Fund Transfer Out. To proceed with these projects, the Council will also need to adopt the revenue and expenditure budgets in the Facility Capital Project Fund. In addition to the funding provided by the General Fund, the Community Center Wood Floor Upgrade Project will receive a $20,000 grant from the Saratoga -Monte Sereno Community Foundation's fund raising efforts. This grant will need to be accepted by Council, and then included as a budget adjustment to the Facility Capital Project Fund. An additional grant in the amount of $3,897.43 was recently received from the Saratoga -Monte Sereno Community Foundation for the Fruitvale Median Improvements Capital Project. This grant is the result of a fundraising effort by Kia and Marjan Fariba, Alain Pinel, and the Saratoga Youth Commission. If the Council accepts the grant, increases in the revenue and expenditure budgets will need to be adopted for use of the funds. The grant funding will be used for additional median landscaping. The Capital Project Funds Proposed Expenditure Budget Adjustment Schedule below summarizes the above discussion: CAPITAL PROJECT FUNDS Proposed Revenue & Expenditure Budget Adjustments Adopted Budget Proposed Budget Budget Adjustment JP Community Center Wood Floor Upgrade Revenue Increase 413 -93 Transfer In - From General Fund - 64,500 64,500 413 -93 SMSCF Donation - 20,000 20,000 Expenditure Increase - 413 - 93 - 81161 Construction - 70,056 70,056 413 - 93 - 81121 Furniture - 14,444 14,444 Civic Theater Master Plan Design Revenue Increase 413 - 9322 -007 - 49999 Transfer In - From General Fund - 60,000 60,000 Expenditures Increase 413 - 9322 -007 - 81142 Design Services - 60,000 60,000 Fruitvale Avenue Median Improvements Revenue Increase 411 - 9133 -001 - 46561 SMSCF Donation - 3,894 3,894 Expenditures Increase 411 - 9133 -001 - 81161 Construction - 3,894 3,894 Revenue and Expenditure Budget Adjustment Increase (each) 148,394 FISCAL IMPACTS: Upon Council approval, the two grants received through the Saratoga -Monte Sereno Foundation will be accepted, and the proposed revenue and expenditure operating budget appropriations will be amended. 297 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Revenue and expenditure budget appropriations will not be amended as recommended ALTERNATIVE ACTION: Council could provide alternative direction FOLLOW UP ACTION: Staff will post budget adjustment to financial records ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and 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: Attachment A — Resolution .; Attachment A RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2012/13 TO ADJUST REVENUE, EXPENDITURE, AND TRANSFER APPROPRIATIONS TO REVISED LEVELS, AND ACCEPT GRANTS FOR CAPITAL PROJECT FUNDING WHEREAS, the City of Saratoga's FY 2012/13 Operating Budget revenues and expenditures were reviewed at mid -year and projected through year -end to determine estimated activity for the fiscal year, and; WHEREAS, it was determined that estimated revenues and expenditures would exceed budgeted revenues and expenditures in several funds and; WHEREAS, it was determined that this would result in an unbalanced budget, and; WHEREAS, the City Council desires to adopt revenue, expenditure, transfers, and/or use of fund balance appropriations at the revised projection levels to reflect accurate planning levels, and; WHEREAS, the Saratoga -Monte Sereno Community Foundation has presented the City Council with a $20,000 grant to pay for a portion of the Community Center's Wood Floor Upgrade Project and a $3,894.43 grant to pay for a portion of the Fruitvale Avenue Median Improvement Project, and: WHEREAS, the City Council wishes to accept the two grants and to gratefully acknowledge the community spirit of those who have contributed to the grant and the fundraisers who have worked tirelessly to generate these funds, and: WHEREAS, it is necessary to amend the City of Saratoga's FY 2012/13 budget to adjust revenue and expenditure appropriations and increase use of unassigned fund balance where necessary to be in alignment with the revised projections; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby amends the Fiscal Year 2012/13 Operating Budget as described in the Council's Mid Year Budget Status Report; AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is directed to record these changes into the City's accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of February, 2013 by the following vote: AYES: NOES: 299 ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 300 Jill Hunter, Mayor Attachment A