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06-18-2014 City Council Agenda Packet
c4�y ®f sAR11 9 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL 1956 JUNE 18� 2014 SPECIAL MEETING—5:30 P.M.—SENIOR CENTER, SAUNDERS ROOM, 19655 ALLENDALE AVENUE CALL MEETING TO ORDER—5:30 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on June 13, 2014) 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. 1. Joint Meeting with Saratoga Homeowners and Neighborhood Associations Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 1 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 June 13, 2014 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 13`h day of June 2014 at Saratoga, California. Crystal Bothelio, City Clerk 2 °` "" rQ City of Saratoga CITY COUNCIL JOINT MEETING �44,FOF�,P Meeting Discussion Topics Joint Meeting with Saratoga Homeowners & Neighborhood Associations June 18, 2014 5:30 p.m. Saratoga Senior Center Multipurpose Room 19655 Allendale Avenue 5:30 p.m. Dinner 5:40 p.m. Introductions Each association will be asked to designate a representative to introduce association members and speak for up to 3 minutes on association updates. 6:30 p.m. Updates from City Staff Saratoga City staff will give brief reports on City projects, including public safety updates, Quito Road Bridges Replacement Project, Joe's Trail at Saratoga DeAnza Access at Guava Court, Street Resurfacing, Prospect Road Median Project, Blaney Plaza Renovations, Housing Element Update, and the City Manager retirement and recruitment. 6:45 p.m. Wrap Up * The Regular City Council Meeting begins at 7:00 p.m. in the Civic Theater. Joint meeting attendees are invited to attend the Regular Meeting and share an overview of the joint meeting with the public during Oral Communications. Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 8 Attachment A— Minutes for Special and Regular City Council Meeting on June 4, 2014 . . . . . . . . . . . . . . . 10 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 18 6/3/2014 Check Register . . . . . . . . . . . . . . . . . . . 20 6/10/2014 Check Register. . . . . . . . . . . . . . . . . . . 24 City Code Update Regarding City Manager and Personnel System Staff Report and Proposed Ordinance . . . . . . . . . . . . . 29 Annual Approval of the City's Investment Policy - for Fiscal Year 2014/15 FY 2014-15 Annual Report and Investment Policy . . . . . . . 42 Contract Renewal for Traffic Signals & Lighted Crosswalks Maintenance & Repair Services Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 51 ATTACHMENT 1 RENEWED CONTRACT AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . 53 ATTACHMENT 2 CURRENT CONTRACT AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . 77 Approving Application for Metropolitan Transportation Commission (MTC) Grant Program — Active Transportation Program (ATP) Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 121 Resolution of Local Support of MTC ATP Grant. . . . . . . . . 123 Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 127 Attachment A - Resolution Calling for General Municipal Election . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Attachment B - 2014 Brush Abatement Program Commencement Report. . . . . . . . . . . . . . . . . . . . 130 Attachment C - Public Hearing Notification to Public. . . . . . . 131 Attachment D - Sample Letter Santa Clara County Fire Department to Property Owners on Commencement Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Santa Clara County Law Enforcement Contract Staff Report and Attachment 1 - Terms of Contract . . . . . . . 151 Attachment 2 - Law Enforcement Contract . . . . . . . . . . . 157 Attachment 3 - Exhibit A. . . . . . . . . . . . . . . . . . . . 167 Attachment 4 - Exhibit B. . . . . . . . . . . . . . . . . . . . 169 Report on Hakone Gardens Noise Mitigation Efforts Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 170 Sound Abatement Plan . . . . . . . . . . . . . . . . . . . . 172 1 Event Handouts. . . . . . . . . . . . . . . . . . . . . . . . 173 Joint Exercise of Powers Agreement and Cooperation Agreement to Undertake CDBG Activities Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 176 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Draft JPA Agreement . . . . . . . . . . . . . . . . . . . . . 179 2014-2015 NOFA. . . . . . . . . . . . . . . . . . . . . . 191 Fall 2014 Issue of The Saratogan Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 203 Attachment A: The Saratogan 2014 Summer Issue . . . . . . 205 League of California Cities Annual Conference Designated Voter Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 209 Attachment A - League of California Cities Memorandum on Annual Conference Designated Voters and Alternates . . . . . . . . . . . . . . . . . . . . . 211 2 P S-A-q4 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JUNE 189 2014 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 June 13, 2014) 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 City Council Meeting and Regular City Council Meeting on June 4, 2014. 2. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 6/3/2014 Period 12 6/10/2014 Period 12 3. City Code Update Regarding City Manager and Personnel System Recommended action: Adopt the attached ordinance amending City Code provisions concerning the City Manager (Article 2-20) and the Personnel System(Article 2-40). 4. Annual Approval of the City's Investment Policy- for Fiscal Year 2014/15 Recommended action: Review and approve the Investment Policy for Fiscal Year 2014/15. 5. Contract Renewal for Traffic Signals & Lighted Crosswalks Maintenance &Repair Services Recommended action: Approve a three-year contract agreement with Siemens Industry, Inc. for City traffic signals and lighted crosswalks maintenance and repair services and authorize the City Manager to execute the same. 6. Approving Application for Metropolitan Transportation Commission (MTC) Grant Program —Active Transportation Program (ATP) Recommended action: Approve resolution supporting the MTC ATP Grant Application. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 7. Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Recommended action: 1. Open public hearing, listen to public testimony, and close public hearing; and 2. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). 4 OLD BUSINESS None NEW BUSINESS 8. Santa Clara County Law Enforcement Contract Recommended action: Review and approve proposed Law Enforcement contract and authorize City Manager to execute the contract with Santa Clara County. 9. Report on Hakone Gardens Noise Mitigation Efforts Recommended action: Receive report. 10. Joint Exercise of Powers Agreement and Cooperation Agreement to Undertake CDBG Activities Recommended action: Adopt the resolution authorizing the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara relating to essential community development and housing assistance activities funded by the Federal government for the Community Development Block Grant and HOME Program. 11. Fall 2014 Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. 12. League of California Cities Annual Conference Designated Voter Recommended action: Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2014 League of California Cities Annual Conference. ADHOC &AGENCY ASSIGNMENT REPORTS Mayor Emily Lo Cities Association of Santa Clara County Cities Association of Santa Clara County—Selection Committee Council Finance Committee Hakone Foundation Board Hakone Foundation Executive Committee Santa Clara County Library District Joint Powers Authority West Valley Mayors and Managers Association Vice Mayor Howard Miller City School Ad Hoc Council Finance Committee Hakone Foundation Board Postal Service Liaison Valley Transportation Authority Policy Advisory Committee (PAC) West Valley Solid Waste Management Joint Powers Authority 5 Council Member Manny Cappello Destination Saratoga Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Housing and Community Development(HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) Saratoga Chamber of Commerce Saratoga Ministerial Association TEA Ad Hoc Village Ad Hoc Council Member Chuck Page Association of Bay Area Governments (ABAG) Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Expressway Plan 2040 Policy Advisory Board Saratoga Sister City Committee Liaison TEA Ad Hoc West Valley Sanitation District Council Member Jill Hunter City School Ad Hoc KSAR Community Access TV Board Santa Clara Valley Water District Commission Santa Clara Valley Water District West Valley Flood Control &Watershed Advisory Committee Saratoga Historical Foundation Village Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT CLOSED SESSION—Administrative Conference Room at 13777 Fruitvale Avenue CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Richard Taylor, Bill Avery Unrepresented Employee: City Manager PUBLIC EMPLOYMENT (Gov't Code 54957) Titles: City Manager and Interim/Acting City Manager REPORT FROM CLOSED SESSION—Administrative Conference Room at 13777 Fruitvale Avenue City Manager Recruitment Recommended Action: Review current status of the City Manager recruitment and provide direction on process for appointment of Acting/Interim City Manager effective July 24, 2014 until the newly appointed City Manager's start date. ADJOURNMENT to 11:00 a.m. June 20, 2014 (Administrative Conference Room at 13777 Fruitvale Avenue) 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(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 June 13, 2014, 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 13th of June 2014 at Saratoga, California. Crystal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato ag ca.us y°f SARq TO CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2014 1956 cq<IFOPNP 06/18 Regular Meeting—5:30 p.m. Community Center- Joint Meeting with HOA's 07/02 Regular Meeting—Joint Meeting with Parks & Rec and PEBTAC 07/16 Regular Meeting 08/06 Recess 08/20 Regular Meeting—Joint Meeting with SASCC 09/03 Regular Meeting--Joint Meeting with Sister City Committee 09/17 Regular Meeting—Joint Meeting with Youth Commission 10/01 Regular Meeting—5:30 p.m.-Community Center-Joint Meeting with Saratoga School Districts 10115 Regular Meeting—Joint Meeting with Saratoga Ministerial Association 11105 Regular Meeting—Joint Meeting with West Valley Board of Trustees 11/19 Regular Meeting—Joint Meeting with Senator Beall 12/03 Regular Meeting—Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/17 Regular Meeting—Joint Meeting Hakone Foundation Board SARATOGA CITY COUNCIL 7, 0,. MEETING DATE: June 18, 2014 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 City Council Meeting and Regular City Council Meeting on June 4, 2014. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes for the Special and Regular City Council Meeting on June 4, 2014 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: Page 1 of 2 8 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A—Minutes for Special and Regular City Council Meeting on June 4, 2014 Page 2 of 2 9 MINUTES WEDNESDAY,JUNE 4, 2014 SARATOGA CITY COUNCIL SPECIAL MEETING At 6:00 p.m., the Saratoga City Council held a Joint Meeting with representatives of Montalvo Arts in the Administrative Conference Room at 13777 Fruitvale Avenue. SARATOGA CITY COUNCIL REGULAR MEETING Mayor Lo called the Regular Meeting to order at 7:01 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo,Vice Mayor Howard Miller, Council Members Manny Cappello, Chuck Page, Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Adam Henig, Recreation Supervisor Iveta Harvancik, Senior Engineer 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 May 30, 2014. REPORT FROM CLOSED SESSION Mayor Lo announced that there was no Closed Session and therefore nothing to report. Mayor Lo then dedicated the meeting to all immigrants in the City of Saratoga on the 25th anniversary of her own move to the United States. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aundized Items Kelly Hudson, Deputy Director of Montalvo Arts,provided an overview of the Council's Joint Meeting with Montalvo Arts. She shared information about the Montalvo residency program, the summer concert season, Carriage House Concert series, summer camps, and Arts on the Grounds program. Jim Stallman addressed the City Council regarding the State Route 85 Express Lanes Project and expressed an interest in maintaining access to the carpool/express lane in Saratoga. 1 10 Trish Cypher raised concerns about regional government and the Bay Delta Conservation Plan. She also spoke about the State Route 85 Express Lanes project and expressed reservations about toll lanes and pricing programs. Cheriel Jensen spoke about the State Route 85 Express Lanes Program and stated she would like to maintain access to the carpool/express lane in Saratoga. She also raised concerns about Vector Control ground fogging. Janice Gamper complimented the City Council on the appearance of streets in Saratoga. Joe Long, Saratoga Fire Protection District Commissioner, shared that the Santa Clara County Local Agency Formation Commission(LAFCO) voted to drop the proposed consolidation of the Saratoga Fire Protection District with the Santa Clara County Fire Protection District. Oral Communications - Council Direction to Staff Council Member Hunter stated she agreed with concerns raised about loss of access to the carpool/express lane in Saratoga. She also said she agreed with the concerns regarding ground fogging and use of pesticides in Saratoga. Vice Mayor Miller noted the location of access points to the State Route 85 carpool/express lane near Saratoga, according to the proposed plans for the State Route 85 Express Lanes project. He shared he was concerned about access going northbound on 85. Communications from Boards and Commissions None Council Direction to Staff None ANNOUNCEMENTS Vice Mayor Miller announced summer camps and classes available through the City of Saratoga Recreation Department. There are camps and classes for all ages and interests. Information is available in the Recreation Activity Guide or on the City's website Council Member Cappello shared that SASCC is holding a fundraising dinner, "A Night in Tuscany," on Saturday, June 7 at 6:00 p.m. Tickets are $60 each and proceeds go to services for seniors in the community. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None 2 11 CONSENT CALENDAR 1. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special City Council Meeting on May 13, 2014 and Special City Council Meeting and Regular City Council Meeting on May 21, 2014. CAPPELLO/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL MEETING ON MAY 13, 2014 AND SPECIAL CITY COUNCIL MEETING AND REGULAR CITY COUNCIL MEETING ON MAY 21, 2014. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 5/20/2014 Period 11 5/27/2014 Period 11 CAPPELLO/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 5/20/2014 PERIOD 11; AND 5/27/2014 PERIOD 11. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3. Treasurer's Report for the Month Ended April 30, 2014 Recommended action: Review and accept the Treasurer's Report for the month ended April 30, 2014. CAPPELLO/PAGE MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED APRIL 30, 2014. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 4. Fiscal Year 2014/15 Gann Appropriation Limit Recommended action: Review report and adopt resolution approving the Gann Appropriation Limit for FY 2014/15. RESOLUTION NO. 14-034 CAPPELLO/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE GANN APPROPRIATION LIMIT FOR FY 2014/15. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 5. Adoption of- 1) £1) Fiscal Year 2014/15 Operating & Capital Budget; and 2) Environmental Impact Assessment for new Capital Improvement Plan projects Recommended action: 1. Adopt resolution approving the Proposed FY 2014/15 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any modifications related to late-breaking changes, minor corrections, carryforward appropriations, refined estimates, 3 12 grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 2. Adopt the attached Environmental Impact Assessment for new projects included in the FY 2014/15 Capital Improvement Plan(CIP)update. Vice Mayor removed this item to comment on the Fiscal Year 2014/15 budget. Mayor Lo invited public comment on the item . No one requested to speak. RESOLUTION NO. 14-035 MILLER/CAPPELLO MOVED TO ADOPT THE: 1. RESOLUTION APPROVING THE PROPOSED FY 2014/15 OPERATING AND CAPITAL BUDGETS, DIRECTING STAFF TO INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY MODIFICATIONS RELATED TO LATE-BREAKING CHANGES, MINOR CORRECTIONS, CARRYFORWARD APPROPRIATIONS, REFINED ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS- THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION FROM COUNCIL UPON ADOPTION OF THE BUDGET; AND 2. ENVIRONMENTAL IMPACT ASSESSMENT FOR NEW PROJECTS INCLUDED IN THE FY 2014/15 CAPITAL IMPROVEMENT PLAN (CIP) UPDATE. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 6. Resolution Calling for General Municipal Election—November 4, 2014 Recommended action: Adopt the attached resolution calling for a consolidated, General Municipal Election on November 4, 2014. Vice Mayor Miller removed this item to note that the City Clerk provided a revised resolution that included minor clerical corrections. The resolution was provided as a desk item. RESOLUTION NO. 14-036 MILLER/HUNTER MOVED TO ADOPT THE REVISED RESOLUTION CALLING FOR A CONSOLIDATED, GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 2014. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 7. Renewal of Agreement for City Surveyor Consultant Services Recommended action: Approve a three-year contract agreement with Giuliani and Kull, Inc. for City Surveyor Consultant Services and authorize the City Manager to execute the same. CAPPELLO/PAGE MOVED TO APPROVE A THREE-YEAR CONTRACT AGREEMENT WITH GIULIANI AND KULL, INC. FOR CITY SURVEYOR CONSULTANT SERVICES AND AUTHORIZE THE CITY MANAGER TO 4 13 EXECUTE THE SAME. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. PUBLIC HEARINGS 8. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition 218 Protest Election for the Annexation of a New Zone (Allendale) and Confirmation of Assessments for FY 14-15 Recommended action: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 14-15. Public Works Director John Cherbone presented the staff report. Mayor Lo invited public comment on the item. The following person requested to speak: Trish Cypher No one else requested to speak. Mayor Lo closed the public hearing and announced that the Council would be conducting a short break to allow the City Clerk to tabulate the ballots. After a short break, Mayor Lo asked the City Clerk to announce the results of the protest process. City Clerk Crystal Bothelio announced the tabulation of the votes: 9 opposed to the annexation of a new zone, 21 in support, and 1 invalid. RESOLUTION NO. 14-037 CAPPELLO/MILLER MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 14-15. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 9. City Code Update Regarding City Manager and Personnel System Recommended action: Conduct a public hearing and then introduce and waive the first reading of the attached ordinance amending City Code provisions concerning the City Manager(Article 2-20) and the Personnel System (Article 2-40) and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. City Attorney Richard Taylor presented the staff report. Mayor Lo invited public comment on the item. The following person requested to speak: Trish Cypher 5 14 No one else requested to speak. MILLER/PAGE MOVED TO WAIVE THE FIRST READING OF THE ATTACHED ORDINANCE AMENDING CITY CODE PROVISIONS CONCERNING THE CITY MANAGER(ARTICLE 2-20) AND THE PERSONNEL SYSTEM (ARTICLE 2-40) AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 10. Landscaping& Lighting Assessment District LLA-1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 14-15 Recommended action: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 14-15. Public Works Director John Cherbone presented the staff report. Mayor Lo invited public comment. The following person requested to speak: Eva Chow No one else requested to speak. RESOLUTION NO. 14-038 CAPPELLO/PAGE MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 14-15. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. OLD BUSINESS None NEW BUSINESS 11. Approval of the Quarry Park Master Plan, Initial Study/Mitigated Negative Declaration and Phase One Conceptual Design Recommended action: 1. Approve Quarry Park Initial Study/Mitigated Negative Declaration 2. Approve Quarry Park Master Plan 3. Authorize staff to initiate Phase One of the Quarry Park Master Plan Public Works Director John Cherbone presented the staff report and noted that staff provided a desk item with: a summary of written comments received to the Initial Study/Mitigated Negative Declaration; responses to the comments; an updated resolution adopting the Initial Study/Mitigated Negative Declaration and Quarry Master Plan; and mitigation monitoring 6 15 and reporting program. Public Works Director John Cherbone then invited Patrick Miller with 2M Associates, Isabel Min with PlaceWorks, and Kyle Simpson with PlaceWorks to present the proposed Master Plan. Patrick Miller with 2M Associates, Isabel Min with PlaceWorks, and Kyle Simpson with PlaceWorks provided a presentation on the Master Plan. Mayor Lo invited public comment on the item. The following people requested to speak: Lori Burns Keith Fox John Kwong Jim Stallman No one else requested to speak. RESOLUTION NO. 14-039 MILLER/PAGE MOVED TO: ADOPT THE REVISED RESOLUTION APPROVING QUARRY PARK INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND THE QUARRY PARK MASTER PLAN; AUTHORIZE STAFF TO INITIATE PHASE ONE OF THE QUARRY PARK MASTER PLAN; AND DIRECT STAFF TO WORK WITH NEIGHBORS IN THE SARATOGA HEIGHTS AREA TO DETERMINE THE OFFICIAL DISPOSITION AND PURPOSE OF THE SARATOGA HEIGHTS OPEN SPACE AREA. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Lo received a request to speak from Janice Gamper. Mayor Lo invited her to speak. Janice spoke about lighting on Chester Avenue. ADHOC &AGENCY ASSIGNMENT REPORTS Mayor Emily Lo West Valley Mayors and Managers Association—during the last meeting, a prospective transportation measure was discussed. Carl Guardino will present additional information on the proposed measure at the next meeting. Mayor Lo noted that she would not be able to attend the meeting and requested that Vice Mayor Miller attend on her behalf. Mayor Lo also shared she had a meeting with Congresswoman Anna Eshoo to introduce herself and provide updates on the City of Saratoga. Vice Mayor Howard Miller Ministerial Association—Vice Mayor Miller attended the Ministerial Association meeting on behalf of Council Member Cappello. The meeting was the last before the summer recess, as well 7 16 as the last meeting for Rabbi Danny Pressman. An update was also given on Congregation Beth David's efforts to expand the interior of the synagogue. Valley Transportation Authority Policy Advisory Committee (PAC)—there is a board meeting on June 5, 2014 at 5:30 p.m. The agenda includes a proposal to remove the second lane from the State Route 85 Express Lane project. Council Member Manny Cappello No report Council Member Chuck Paize No report Council Member Jill Hunter No report CITY COUNCIL ITEMS Council Member Hunter noted that the Santa Clara Valley Water District West Valley Flood Control &Watershed Advisory Committee no longer exists,though it is listed in the Council Adhoc and Agency Assignments. CITY MANAGER'S REPORT No report ADJOURNMENT PAGE/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:34 P.M. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk 8 17 C��y QF SR1�gTQ� SARATOGA CITY COUNCIL 7 95f, MEETING DATE: June 18,2014 AGENDA ITEM: DEPARTMENT: Finance&Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Gina Scott DEPT.DIRECTOR: Mary Furey Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 6/3/2014 Period 12 6/10/2014 Period 12 REPORT SUMMARY: Attached are Check Registers for: Prior Check Register Checks Ending Type of Checks Date Starting Check# Ending Check# Total Checks Amount Released Date Check# Accounts Payable 6/3/14 125533 125587 55 93,544.74 06/03/14 5/27/14 125532 Accounts Payable 6/10/14 125588 125639 52 104,972.36 06/10/14 6/3/14 125587 Accounts Payable checks issued for$20,000 or greater: Date I Check# I Issued to Fund Dept. Purpose Amount 06/03/14 1 125567 JPG&E General General Utilities 20,769.71 Accounts Payable checks voided during this time period: AP Date I Check# Issued to I Reason Status Amount 04/08/14 1 125188 IM,d Science lNever Received Check lReissue 2,490.50 18 Cash reductions by fund: Period 12 Period 12 Fund# Fund Description 06/03/14 06/10/14 Total III General Fund 70,286.39 60,812.46 131,098.85 231 Village Lighting 25.48 2,350.07 2,375.55 232 Azule Lighting 253.54 253.54 233 Sarahills Lighting 264.29 264.29 241 Arroyo de Saratoga Landscape 68.00 68.00 242 Bonnet Way Landscape 85.00 85.00 243 Carnelian Glen 68.00 68.00 244 Cunningham/Glasgow Landscape 135.00 135.00 245 Fredericksburg Landscape 102.00 102.00 246 Greenbriar Landscape 230.00 230.00 247 Kerwin Ranch Landscape 270.00 270.00 248 Leutar Court Landscape 75.00 75.00 249 Manor Drive Landscape 130.00 130.00 251 McCartysville Landscape 269.94 269.94 252 Prides Crossing Landscape 429.31 429.31 253 Saratoga Legends Landscape 1,495.00 1,495.00 254 Sunland Park Landscape 260.00 260.00 255 Tricia Woods Landscape 43.86 43.86 271 Beauchamps Landscape 121.31 121.31 272 Bellgrove Landscape 2,139.74 2,139.74 273 Gateway Landscape 54.90 102.00 156.90 274 Horseshoe Landscape/Lighting 144.97 144.97 275 Quito Lighting 910.42 910.42 276 Tollgate LLD 144.19 144.19 277 Village Commercial Landscape - 278 Westbrook L&L 50.00 50.00 311 Library GO Bond Debt Service - 411 CIP Street Projects 300.00 12,475.00 12,775.00 412 CIP Park&Trail Projects - 413 CIP Facility Projects - 414 CIP Admin Projects 4,308.23 4,308.23 421 Tree Fund 885.05 885.05 431 Grant Fund-CIP Streets - 432 Grant Fund-Parks&Trails 267.50 267.50 433 Grant Fund-Facilities 6,720.00 6,720.00 434 Grant Fund-Admin Projects - 481 Gas Tax Fund 4,099.48 2,480.00 6,579.48 611 Liability/Risk Mgt 4,308.22 4,308.22 612 Workers'Comp - 621 Office Support 738.66 992.89 1,731.55 622 IT Services 92.00 739.96 831.96 623 Vehicle&Equipment Maint 652.95 26.65 679.60 624 Building Maintenance 1,958.43 15,539.13 17,497.56 631 Vehicle&Equipment Replacement 612.08 612.08 632 IT Equipment Replacement - TOTAL 93,544.74 104,972.36 198,517.10 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 19 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 06/03/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:07:50 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140603 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125533 06/03/14 234 A T & T 6246202 MNTHLY RECUR CHARGES 0.00 178.97 11111 125533 06/03/14 234 A T & T 6246202 ALARM SYSTEM PHONES 0.00 90.31 11111 125533 06/03/14 234 A T & T 6246202 SUPERTRUNK 0.00 442.67 11111 125533 06/03/14 234 A T & T 6246202 SR CENTER ALARMS 0.00 32.07 11111 125533 06/03/14 234 A T & T 1117102 EMERGENCY RESPONSE 0.00 193.23 11111 125533 06/03/14 234 A T & T 6246202 PROSPECT CENTER 0.00 76.47 11111 125533 06/03/14 234 A T & T 6223201 PROSPECT CTR INTERNET 0.00 92.00 11111 125533 06/03/14 234 A T & T 1115301 CORP YARD EMER LINES 0.00 46.06 11111 125533 06/03/14 234 A T & T 1115301 BLANEY PHONE MODEM LN 0.00 16.35 TOTAL CHECK 0.00 1,168.13 11111 125534 06/03/14 17 AAA FIRE PROTECTION SERV 6246202 ALARM INSPECTION 0.00 192.41 11111 125534 06/03/14 17 AAA FIRE PROTECTION SERV 6246202 ALARM INSPECTION 0.00 341.34 TOTAL CHECK 0.00 533.75 11111 125535 06/03/14 35 ACCENT GRAPHICS 1114101 BUSINESS CARDS 0.00 200.48 11111 125535 06/03/14 35 ACCENT GRAPHICS 6213102 ENVELOPES 0.00 738.66 TOTAL CHECK 0.00 939.14 11111 125536 06/03/14 798 ANGELINA, PATRICIA 1116101 INSTRUCTOR-ROSEN 0.00 370.50 11111 125537 06/03/14 1204 AVERY ASSOCIATES 1113301 CITY MGR RECRUITMENT 0.00 6,000.00 11111 125538 06/03/14 500 BLAKE AND JESSICA HOMAN 1114101 TRP14-0136 0.00 125.00 11111 125539 06/03/14 500 BRUCE LA FOUNTAIN 1114101 TRP14-0142 0.00 125.00 11111 125540 06/03/14 65 CA PARK AND RECREATION S 1116101 P&R MEMBER-HENIG 0.00 170.00 11111 125541 06/03/14 922 CITY OF SARATOGA RECREAT 1118302 SISTER CITY EVENT 0.00 412.50 11111 125542 06/03/14 1 DEPARTMENT OF REVENUE 1117101 PARKING CIT 5/14 0.00 75.00 11111 125543 06/03/14 500 DON STEINBACH 1117102 MOTOROLA MICROPHONES 0.00 455.38 11111 125544 06/03/14 1216 DOUGLAS HERRING & ASSOCI 111 ENV14-001 SEBASTIAN'S 0.00 10,738.25 11111 125545 06/03/14 500 ELIZABETH ENDRINA 1114101 TRP14-0134 0.00 125.00 11111 125546 06/03/14 416 EVANS WEST VALLEY SPRAY 1115301 WEED CONTROL PROSP TR 0.00 1,800.00 11111 125546 06/03/14 416 EVANS WEST VALLEY SPRAY 1115301 WEED CONTROL MT EDEN 0.00 1,800.00 11111 125546 06/03/14 416 EVANS WEST VALLEY SPRAY 1115301 WEED CONTROL JOE'S TR 0.00 2,325.00 11111 125546 06/03/14 416 EVANS WEST VALLEY SPRAY 1115301 WEED CONTROL PICEA TR 0.00 1,800.00 TOTAL CHECK 0.00 7,725.00 11111 125547 06/03/14 421 EWING IRRIGATION 1115301 LANDSCAPE SUPPLIES 0.00 29.52 11111 125547 06/03/14 421 EWING IRRIGATION 1115301 LANDSCAPE SUPPLIES 0.00 86.80 TOTAL CHECK 0.00 116.32 11111 125548 06/03/14 500 FRANCISCA GONZALEZ 111 REFUND FACILITY 0.00 500.00 11111 125549 06/03/14 500 GEORGE & TERESE KEMBLE 1114101 TRP14-0169 0.00 125.00 20 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 06/03/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:07:50 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140603 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125550 06/03/14 648 HEALTH EDUCATION SERVICE 4149491-001 5 AED SYSTEMS PLUS EQU 0.00 4,308.23 11111 125550 06/03/14 648 HEALTH EDUCATION SERVICE 6118401 5 AED SYSTEMS PLUS EQU 0.00 4,308.22 TOTAL CHECK 0.00 8,616.45 11111 125551 06/03/14 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-BASKETBALL 0.00 420.00 11111 125551 06/03/14 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-MINI SPORT 0.00 182.00 11111 125551 06/03/14 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-MINI SPORT 0.00 364.00 TOTAL CHECK 0.00 966.00 11111 125552 06/03/14 956 INDEPENDENT STATIONERS 1116101 OFFICE SUPPLIES 0.00 157.25 11111 125553 06/03/14 63 INTERSTATE TRAFFIC CONTR 4819111-001 VILLAGE SIGNS 0.00 300.15 11111 125553 06/03/14 63 INTERSTATE TRAFFIC CONTR 4819111-001 STREET SIGNS 0.00 2,486.03 TOTAL CHECK 0.00 2,786.18 11111 125554 06/03/14 500 JAYNE GIBSON 1116101 REFUND CLS CANCELLED 0.00 130.00 11111 125555 06/03/14 1094 JCB SACRAMENTO 6235202 EQUIPMENT PARTS 0.00 570.96 11111 125556 06/03/14 500 JOGANNATH SETLUR 1114101 TRP14-0128 0.00 125.00 11111 125557 06/03/14 500 JONATHAN JIANG 111 LLA08-0001 0.00 2,653.44 11111 125557 06/03/14 500 JONATHAN JIANG 111 LLA07-062 0.00 4.00 11111 125557 06/03/14 500 JONATHAN JIANG 111 LLA07-099 0.00 300.00 TOTAL CHECK 0.00 2,957.44 11111 125558 06/03/14 500 JOYCE WANG 1114101 TRP14-0152 0.00 125.00 11111 125559 06/03/14 127 KELLY MOORE PAINT COMPAN 6246202 PAINT SUPPLIES 0.00 177.75 11111 125560 06/03/14 508 MAD SCIENCE 1116101 RPLC CHK 125188 0.00 2,490.50 11111 125561 06/03/14 500 MAE DE CAIR 111 REFUND FACILITY 0.00 300.00 11111 125562 06/03/14 327 MCMINN, CHRISTINE 1116101 INSTRUCTOR-DANCE 0.00 84.00 11111 125562 06/03/14 327 MCMINN, CHRISTINE 1116101 INSTRUCTOR-DANCE 0.00 126.00 11111 125562 06/03/14 327 MCMINN, CHRISTINE 1116101 INSTRUCTOR-DANCE 0.00 210.00 11111 125562 06/03/14 327 MCMINN, CHRISTINE 1116101 INSTRUCTOR-DANCE 0.00 126.00 TOTAL CHECK 0.00 546.00 11111 125563 06/03/14 115 NCCCA 1112201 RECORDS MGMT TRAINING 0.00 40.00 11111 125564 06/03/14 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 304.00 11111 125565 06/03/14 145 OFFICE DEPOT INC. 1115101 OFFICE SUPPLIES 0.00 97.86 11111 125566 06/03/14 1087 OSCAR URVIZO TELLEZ/OSCA 1115201 RMV DEAD CEDAR TREE 0.00 2,500.00 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 6235202 NATURAL GAS VEHICLE 0.00 12.80 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 122.44 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 9.89 21 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 06/03/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:07:50 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140603 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 25.48 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY SERVICE 0.00 54.90 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 1115201 MONTE VISTA DRIVE 0.00 9.53 11111 125567 06/03/14 173 PACIFIC GAS & ELECTRIC 1118101 GENERAL ADMIN 0.00 20,534.67 TOTAL CHECK 0.00 20,769.71 11111 125568 06/03/14 1092 PALACE ART & OFFICE SUPP 1113101 4 OFFICE CHAIRS 0.00 1,481.18 11111 125569 06/03/14 500 PAUL AND ELIZABETH SHAPI 1114101 TRP14-0137 0.00 125.00 11111 125570 06/03/14 296 PLANET GRANITE 1116101 INSTRUCTOR-ROCK CLIMB 0.00 115.00 11111 125571 06/03/14 500 RANDY MARTINO 111 REFUND FACILITY 0.00 300.00 11111 125572 06/03/14 393 REED & GRAHAM, INC 4819111-001 STREETS SUPPLIES 0.00 263.38 11111 125572 06/03/14 393 REED & GRAHAM, INC 4819111-001 STREETS SUPPLIES 0.00 353.94 11111 125572 06/03/14 393 REED & GRAHAM, INC 4819111-001 STREETS SUPPLIES 0.00 95.68 11111 125572 06/03/14 393 REED & GRAHAM, INC 4819111-001 STREETS SUPPLIES 0.00 600.30 TOTAL CHECK 0.00 1,313.30 11111 125573 06/03/14 500 SARATOGA CREEKSIDE HOA 1114101 TRP14-0133 0.00 125.00 11111 125574 06/03/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 113.85 11111 125574 06/03/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 191.82 11111 125574 06/03/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 191.82 TOTAL CHECK 0.00 497.49 11111 125575 06/03/14 500 SARATOGA SISTER CITY 1118302 SISTER CTY GRANT REIM 0.00 205.30 11111 125576 06/03/14 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH#110 0.00 69.19 11111 125577 06/03/14 160 SIERRA PACIFIC TURF SUPP 1115301 PARKS SUPPLIES 0.00 151.42 11111 125578 06/03/14 162 SILICON VALLEY COMM NEWS 1115101 LL0005149979 0.00 358.65 11111 125578 06/03/14 162 SILICON VALLEY COMM NEWS 1114101 LL0005143548 0.00 252.63 11111 125578 06/03/14 162 SILICON VALLEY COMM NEWS 1112201 LL0005143464 0.00 137.31 TOTAL CHECK 0.00 748.59 11111 125579 06/03/14 236 SOLECTRIC ELECTRICAL 4119121-001 ELECTRIC WRK-SIGNALS 0.00 300.00 11111 125580 06/03/14 500 STEPHEN LEE 111 ARB12-0046 0.00 2,020.00 11111 125581 06/03/14 1223 SUMMERWINDS NURSERY 1115301 CORP YRD LANDSCAPE 0.00 262.62 11111 125582 06/03/14 938 T. BENNETT GRAPHICS 4339314-004 ADA BUILDING SIGNS 0.00 6,720.00 11111 125583 06/03/14 726 TREES 360 DEGREES 1115301 TREE PRUNING@BLANEY 0.00 1,000.00 11111 125584 06/03/14 500 VALLEY ONE INVESTMENT 111 ARB09-0004 0.00 640.00 11111 125585 06/03/14 993 VIVIAN LIU 1116101 INSTRUCTOR-TAI CHI 0.00 291.00 11111 125585 06/03/14 993 VIVIAN LIU 1116101 INSTRUCTOR-TAI CHI 0.00 493.50 22 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 06/03/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:07:50 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140603 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 784.50 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 297.60 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 357.12 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 297.60 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 119.04 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 357.12 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 469.96 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 297.60 11111 125586 06/03/14 441 WHITLINGER, JOHN 1116101 INSTRUCTOR-TENNIS 0.00 119.04 TOTAL CHECK 0.00 2,315.08 11111 125587 06/03/14 198 WITTWER & PARKIN, LLP 111 PIERCE ROAD 0.00 1,000.00 11111 125587 06/03/14 198 WITTWER & PARKIN, LLP 1114101 PIERCE ROAD 0.00 7.00 TOTAL CHECK 0.00 1,007.00 TOTAL CASH ACCOUNT 0.00 93,544.74 TOTAL FUND 0.00 93,544.74 TOTAL REPORT 0.00 93,544.74 23 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 06/10/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:58:18 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140610 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125588 06/10/14 234 A T & T 1117102 EMERG LN RECREATION 0.00 14.89 11111 125588 06/10/14 234 A T & T 1117102 EMERG LN VM MAILBOX 0.00 82.21 11111 125588 06/10/14 234 A T & T 6246202 BOOK-GO-ROUND ALARM 0.00 31.47 11111 125588 06/10/14 234 A T & T 1117102 EMERG LN CM OFFICE 0.00 16.66 11111 125588 06/10/14 234 A T & T 6246202 POSTAGE MACH-CPY RM 0.00 14.89 11111 125588 06/10/14 234 A T & T 1117102 AM 1610 RADIO SARA LN 0.00 16.66 11111 125588 06/10/14 234 A T & T 1115301 GATEWAY-IRRIG CONTROL 0.00 16.35 11111 125588 06/10/14 234 A T & T 1115301 PHONE LINES & PARKS 0.00 17.18 11111 125588 06/10/14 234 A T & T 1115301 CONGRESS SPRINGS PRK 0.00 32.56 TOTAL CHECK 0.00 242.87 11111 125589 06/10/14 500 ABID KHAN 1114101 TRP14-0159 0.00 125.00 11111 125590 06/10/14 35 ACCENT GRAPHICS 1111201 NAMEPINS 0.00 40.34 11111 125591 06/10/14 1171 ALLY 6315203 CHEVY VOLT END 7302 0.00 306.04 11111 125591 06/10/14 1171 ALLY 6315203 CHEVY VOLT END 7314 0.00 306.04 TOTAL CHECK 0.00 612.08 11111 125592 06/10/14 500 ANNETTE OLSON 111 REFUND FACILITY 0.00 300.00 11111 125593 06/10/14 1204 AVERY ASSOCIATES 1113301 RECRUITMENT SEARCH FEE 0.00 1,398.34 11111 125594 06/10/14 965 BARRIE D. COATE 4219211-002 PINE RPT BLANEY PLAZA 0.00 511.50 11111 125595 06/10/14 369 BORTZ, SHERI L 1116101 INSTRUCTOR-YOGA 0.00 270.00 11111 125595 06/10/14 369 BORTZ, SHERI L 1116101 INSTRUCTOR-YOGA 0.00 216.00 11111 125595 06/10/14 369 BORTZ, SHERI L 1116101 INSTRUCTOR-YOGA 0.00 594.00 TOTAL CHECK 0.00 1,080.00 11111 125596 06/10/14 553 BRETSCHNEIDER, DEBBIE 1112201 MILEAGE-CNTY RECORDER 0.00 14.78 11111 125597 06/10/14 1150 CHARLES M. SALTER ASSOCI 1114102 PROF SRVCS THRU 4/30 0.00 640.00 11111 125597 06/10/14 1150 CHARLES M. SALTER ASSOCI 1114102 HWY 85 NOISE PEER REVI 0.00 1,000.00 11111 125597 06/10/14 1150 CHARLES M. SALTER ASSOCI 4119111-001 HWY 85 NOISE PEER REVI 0.00 680.00 TOTAL CHECK 0.00 2,320.00 11111 125598 06/10/14 935 CHRISP COMPANY 4119111-001 INTERNAL CORRECTON 0.00 -3,982.50 11111 125598 06/10/14 935 CHRISP COMPANY 411 RETENTION HELD PO#31 0.00 -425.00 11111 125598 06/10/14 935 CHRISP COMPANY 4119111-001 INTERNAL CORRECTION 0.00 3,982.50 11111 125598 06/10/14 935 CHRISP COMPANY 4119111-001 CITY WIDE TRAFFIC SIGN 0.00 8,500.00 TOTAL CHECK 0.00 8,075.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 1115301 MAY KEVIN MORAN PARK 0.00 275.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 1115301 MAY CONGRESS SPR PRK 0.00 400.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 2785302 MAY BROOKGLEN 0.00 50.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 2465302 MAY GREENBRIAR AZULE 0.00 135.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 2465302 MAYGREENBRIAR SEAGULL 0.00 95.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 2755302 MAY QUITO LLA 0.00 75.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 1115301 MAY AZULE PARK 0.00 395.00 11111 125599 06/10/14 176 CIENEGA LANDSCAPING 1115301 RPLC SPRINKLERS 0.00 144.00 TOTAL CHECK 0.00 1,569.00 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 06/10/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:58:18 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140610 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125600 06/10/14 930 COLE SUPPLY COMPANY, INC 1115301 LANDSCAPE SUPPLIES 0.00 465.41 11111 125600 06/10/14 930 COLE SUPPLY COMPANY, INC 1115301 LANDSCAPE SUPPLIES 0.00 148.36 TOTAL CHECK 0.00 613.77 11111 125601 06/10/14 378 EKIM PAINTING - NORTH, I 6246202 EXTERIOR WALL WASHING 0.00 500.00 11111 125602 06/10/14 416 EVANS WEST VALLEY SPRAY 1115301 SPRAY TREES 0.00 250.00 11111 125603 06/10/14 419 EVENT SERVICES 1115301 PROSPECT PORTA POTTY 0.00 304.50 11111 125604 06/10/14 421 EWING IRRIGATION 1115301 IRRIGATION SUPPLIES 0.00 37.53 11111 125604 06/10/14 421 EWING IRRIGATION 1115301 BEAUCHAMPS IRR SUP 0.00 200.96 11111 125604 06/10/14 421 EWING IRRIGATION 1115301 LANDSCAPE SUPPLIES 0.00 21.80 11111 125604 06/10/14 421 EWING IRRIGATION 1115301 IRRIGATION SUPPLIES 0.00 492.39 TOTAL CHECK 0.00 752.68 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 CLEAN UP CONGRESS SP 0.00 1,673.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 ANNUALS @ FRUITVALE 0.00 741.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 ANNUALS @ BLANEY 0.00 889.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 ANNUALS @ GATEWAY 0.00 1,037.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY AUSTIN WAY MAINT 0.00 167.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY GARDINER PK MAINT 0.00 144.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY PARK DIST MAINT 0.00 270.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY BLANEY MAINT 0.00 196.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY BEAUCHAMPS MAINT 0.00 188.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 INSTL MULCH@VIA MONTE 0.00 660.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY MEDIANS 0.00 3,587.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY LIBRARY 0.00 464.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2435302 MAY CARNELIAN GLEN 0.00 68.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2445302 MAY CUNNINGHAM/CLAS 0.00 135.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2455302 MAY FREDRICKSBURG 0.00 102.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2735302 MAY GATEWAY 0.00 102.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2475302 MAY KERWIN 0.00 270.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY DWNTWN NEWSPAPER 0.00 68.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2525302 MAY PRIDES CROSSING 0.00 405.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2555302 MAY TRICIA WOODS 0.00 34.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2715302 MAY BEAUCHAMPS LLA 0.00 68.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 1115301 MAY DOWNTOWN 0.00 126.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2765302 MAY TOLLGATE 0.00 80.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2485302 MAY LEUTAR CT 0.00 75.00 11111 125606 06/10/14 454 GACHINA LANDSCAPE MANAGE 2415302 MAY ARROYO DE SARA 0.00 68.00 TOTAL CHECK 0.00 11,617.00 11111 125607 06/10/14 455 GARDENLAND POWER EQUIPME 1115301 WEED TRIMMER 0.00 36.95 11111 125608 06/10/14 500 HENG-CHUN CHANG 1114101 TRP14-0156 0.00 125.00 11111 125609 06/10/14 14 HYDROTEC IRRIGATION EQUI 1115301 RPR MAIN LINE LEAK 0.00 96.56 11111 125609 06/10/14 14 HYDROTEC IRRIGATION EQUI 1115301 RPR REMOTE CONTROL 0.00 359.99 11111 125609 06/10/14 14 HYDROTEC IRRIGATION EQUI 1115301 REVIEW CONSTR PROJ 0.00 141.00 TOTAL CHECK 0.00 597.55 25 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 06/10/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:58:18 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140610 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125610 06/10/14 674 JB TROPHIES 4219211-002 ARBOR DAY PLAQUES 0.00 373.55 11111 125611 06/10/14 199 JENSEN, PAUL 4119111-001 SURVEY MCFARLAND 0.00 3,600.00 11111 125611 06/10/14 199 JENSEN, PAUL 4119111-001 SURVEY JOE'S TRAIL 0.00 120.00 11111 125611 06/10/14 199 JENSEN, PAUL 1115101 SURVEY MUSEUM PARCEL 0.00 2,840.00 TOTAL CHECK 0.00 6,560.00 11111 125612 06/10/14 500 KELLY GANGEMI 111 REFUND FACILITY 0.00 300.00 11111 125613 06/10/14 1172 KIDZ LOVE SOCCER/N AMERI 1116101 INSTRUCTOR-SOCCER 0.00 392.00 11111 125613 06/10/14 1172 KIDZ LOVE SOCCER/N AMERI 1116101 INSTRUCTOR-SOCCER 0.00 336.00 11111 125613 06/10/14 1172 KIDZ LOVE SOCCER/N AMERI 1116101 INSTRUCTOR-SOCCER 0.00 448.00 11111 125613 06/10/14 1172 KIDZ LOVE SOCCER/N AMERI 1116101 INSTRUCTOR-SOCCER 0.00 952.00 TOTAL CHECK 0.00 2,128.00 11111 125614 06/10/14 100 KSAR 1118301 3 BROADCASTS 0.00 1,950.00 11111 125615 06/10/14 500 LGS RECREATION 1118302 GRANT REIMB COM BAND 0.00 325.00 11111 125616 06/10/14 500 LILA HINGARH 111 REFUND FACILITY 0.00 500.00 11111 125617 06/10/14 221 LORAL LANDSCAPING, INC 2495302 MAY MANOR DR 0.00 130.00 11111 125617 06/10/14 221 LORAL LANDSCAPING, INC 2725302 MAY BELLGROVE 0.00 1,710.00 11111 125617 06/10/14 221 LORAL LANDSCAPING, INC 2745302 MAY HORSESHOE 0.00 135.00 11111 125617 06/10/14 221 LORAL LANDSCAPING, INC 2515302 MAY MCCARTYSVILLE 0.00 250.00 11111 125617 06/10/14 221 LORAL LANDSCAPING, INC 2545302 MAY SUNLAND PARK 0.00 260.00 TOTAL CHECK 0.00 2,485.00 11111 125618 06/10/14 996 MEGAPATH 6223201 ISP SRVCS 5/16-6/15 0.00 739.96 11111 125619 06/10/14 499 CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES 0.00 286.00 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 378.00 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 957.60 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 882.00 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 756.00 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 882.00 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 1,108.80 11111 125620 06/10/14 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 1,260.00 TOTAL CHECK 0.00 6,224.40 11111 125621 06/10/14 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 608.00 11111 125622 06/10/14 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 80.01 11111 125622 06/10/14 145 OFFICE DEPOT INC. 6246202 FACILITIES SUPPLIES 0.00 60.03 11111 125622 06/10/14 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 60.03 TOTAL CHECK 0.00 200.07 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 10,883.32 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,228.95 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 1,005.97 26 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 06/10/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:58:18 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140610 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 2,350.07 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 253.54 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 264.29 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE 0.00 19.94 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 24.31 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 9.86 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 53.31 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 429.74 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR 0.00 9.97 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 835.42 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 2765302 TOLLGATE 0.00 20.39 11111 125623 06/10/14 173 PACIFIC GAS & ELECTRIC 1115201 CITYWIDE STREET LIGHT 0.00 1,208.39 TOTAL CHECK 0.00 18,597.47 11111 125624 06/10/14 173 PACIFIC GAS & ELECTRIC 1115201 CITYWIDE STREET LIGHT 0.00 10.51 11111 125624 06/10/14 173 PACIFIC GAS & ELECTRIC 1115301 PUBLIC LIBRARY LIGHTS 0.00 6.59 TOTAL CHECK 0.00 17.10 11111 125625 06/10/14 1214 PRAXAIR DISTRIBUTION, IN 6235202 EQUIPMENT PARTS 0.00 26.65 11111 125626 06/10/14 908 PRO DOOR & GLASS 6246202 ROOF REPAIRS 0.00 3,002.24 11111 125627 06/10/14 87 SAN JOSE WATER COMPANY 6246202 BUILDINGS 0.00 439.18 11111 125627 06/10/14 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 11,226.46 11111 125627 06/10/14 87 SAN JOSE WATER COMPANY 2765302 TOLLGATE 0.00 43.80 11111 125627 06/10/14 87 SAN JOSE WATER COMPANY 1115301 MEDIANS/PARKWAYS 0.00 1,342.93 TOTAL CHECK 0.00 13,052.37 11111 125628 06/10/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 55.20 11111 125628 06/10/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 55.20 11111 125628 06/10/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 178.02 11111 125628 06/10/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 356.04 11111 125628 06/10/14 729 TERESA PHILLIPS 1116101 INSTRUCTOR-DANCE 0.00 138.00 TOTAL CHECK 0.00 782.46 11111 125629 06/10/14 500 SARATOGA UNION SCHOOL DI 1114101 TRP14-0155 0.00 125.00 11111 125630 06/10/14 69 SASCC 1111101 COUNCIL ATTEND EVENT 0.00 60.00 11111 125631 06/10/14 160 SIERRA PACIFIC TURF SUPP 1115301 TURF FERTILIZER 0.00 1,207.55 11111 125632 06/10/14 826 STEFAN BAUMANN 1116101 INSTRUCTOR-PAINTING 0.00 1,078.08 11111 125633 06/10/14 500 STEVEN DECINZO 1118101 ANDERSON DRAWING 0.00 300.00 11111 125634 06/10/14 500 TIMOTHY J & DIANA REILLE 1114101 REFUND PLAN REVIEW 0.00 500.00 11111 125634 06/10/14 500 TIMOTHY J & DIANA REILLE 1114201 REFUND BLDG PERMIT 0.00 392.21 TOTAL CHECK 0.00 892.21 11111 125635 06/10/14 343 TMT ENTERPRISES INC 1115301 LANDSCAPE SUPPLIES 0.00 130.50 11111 125636 06/10/14 350 TOM'S PLUMBING 1115301 WILDWOOD PARK RESTRM 0.00 125.00 27 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 06/10/2014 CITY OF SARATOGA ACCTPA21 TIME: 11:58:18 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20140610 00:00:00.000' ACCOUNTING PERIOD: 12/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT 11111 125637 06/10/14 1196 TOSHIBA BUSINESS SOLUTIO 6213102 #90136370709 THRU6/19 0.00 992.89 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 2425302 MAY BONNET WAY 0.00 85.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY DOWNTOWN GARB CAN 0.00 85.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 2535302 MAY LEGENDS LLA 0.00 165.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY FOOTHILL PARK 0.00 108.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY HISTORICAL PARK 0.00 175.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY CIVIC CENTER 0.00 755.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY PROSPECT CENTER 0.00 433.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY RAVENWOOD PARK 0.00 85.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 MAY EL QUITO PARK 0.00 162.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 2535302 LEGENDS LANDSCAPE 0.00 1,330.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 QUITO PARK LANDSCAPE 0.00 1,010.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 FOOTHILL PK LANDSCAPE 0.00 320.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 4329213-001 INSTALL SIGN 0.00 267.50 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 BONNET WAY LANDSCAPE 0.00 524.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 HISTORICAL PK LNDSCP 0.00 2,160.00 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 PROSPECT CTR PLANTING 0.00 71.50 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 1115301 RAVENWOOD PK PLANTS 0.00 275.50 11111 125638 06/10/14 402 VISTA LANDSCAPE & MAINTE 4819111-001 ALLENDALE ROADSIDE 0.00 2,480.00 TOTAL CHECK 0.00 10,491.50 11111 125639 06/10/14 432 WEST VALLEY COLLECTIONS 1115301 MAY REFUSE BINS 0.00 325.00 TOTAL CASH ACCOUNT 0.00 104,972.36 TOTAL FUND 0.00 104,972.36 TOTAL REPORT 0.00 104,972.36 28 SARATOGA CITY COUNCIL 7, 0,. MEETING DATE: June 18, 2014 CITY MANAGER: Dave Anderson DEPARTMENT: City Manager's Office DIRECTOR: Dave Anderson PREPARED BY: Richard Taylor City Attorney AGENDA ITEM: SUBJECT: City Code Update Regarding City Manager and Personnel System RECOMMENDED ACTION: Adopt the attached ordinance amending City Code provisions concerning the City Manager (Article 2-20) and the Personnel System(Article 2-40). BACKGROUND: At its June 4, 2014 meeting the City Council introduced and waived the first reading of the attached ordinance amending City Code provisions concerning the City Manager (Article 2-20) and the Personnel System (Article 2-40) to bring the Code and current practices into alignment. The amendments are shown in the ordinance included as Attachment A. (Additions are shown in bold underline and deletions in Wit.) FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Code would not be amended. ALTERNATIVE ACTION(S): The City Council may direct that further revisions be made to the existing code and may also direct that one or more of the proposed revisions not be made. FOLLOW UP ACTION(S): As described above. Page 1 29 ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the June 4, 2014 public hearing for this item was published in the Saratoga News on May 23, 2014. 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. Exhibits A—Proposed Ordinance 598223.1 Page 2 30 Exhibit A Ordinance AN ORDINANCE AMENDING ARTICLES 2-20 (CITY MANAGER) AND 2-40 (PERSONNEL SYSTEM) OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy internal ambiguities, clarify existing requirements, codify staff interpretations, omit redundant terms and provisions, and amend grammatical and other errors. 2. This ordinance amends Article 2-20 concerning the office of City Manager and Article 2- 40 concerning the Personnel System. 4. The City Council of the City of Saratoga held a duly noticed public hearing on June 4, 2013, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby amends the City Code as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth in Exhibit 1. Text to be added is indicated in bold double-underlined font(e.g., bold double-underlined) and text to be deleted is indicated in strikeout font(e.g.,s ee . Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is descriptive only and is not part of the amendments to the City Code. 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 irrespective 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 and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the Page 1 31 activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have no impact on the environment. Section 4. Publication. A summary of this ordinance 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 at the regular meeting of the City Council of the City of Saratoga held on the 4th day of June, 2014, and was adopted by the following vote on June 18, 2014: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: EMILY LO CRYSTAL BOTHELIO MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY Page 2 32 EXHIBIT 1 —AMENDMENTS TO ARTICLE 2-20 AND ARTICLE 2-40 OF THE SARATOGA CITY CODE Article 2-20 CITY MANAGER Sections: 2-20.010 Office created; appointment. 2-20.020 Compensation; employment benefits. 2-20.030 Manager to appoint City Clerk. 2-20.035 Manager to serve as City Treasurer. 2-20.040 Absence or disability; acting City Manager. 2-20.050 Powers and duties of the City Manager. 2-20.060 Council-Manager relations; departmental cooperation. 2-20.070 Attendance at meetings of commissions, boards and committees. 2-20.080 Removal procedure. 2-20.090 Employment agreement. 2-20.010 Office created; appointment. The office of the City Manager is hereby created and established pursuant to Subsection 34851(a) of the Government Code. The City Manager shall be appointed by the City Council, and 4+s the selection shall be made wholly on the basis of #is the candidate's administrative and executive ability and related qualifications. Subject to Section 2-20.080, the City Manager shall hold office for and during the pleasure of the City Council. 2-20.020 Compensation; employment benefits. The City Manager shall receive such compensation, expense reimbursement, vacation, sick leave and fringe benefits as established from time to time by the City Council. 2-20.030 Manager to appoint City Clerk. The City Manager shall appoint City Clerk, whose duty it shall be to perform the statutory functions of the office of City Clerk. The City Clerk may, with the consent of the City Manager, designate deputies to perform the statutory functions of the City Clerk in the absence of the City Clerk. (Amended by Ord. 71-175§ 1, 1998) 2-20.035 Manager to serve as City Treasurer. The City Manager shall serve as City Treasurer and shall be responsible for supervising all of the activities of the Finance Director, implementation of the City's investment policy as adopted from time to Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 1 33 time by the City Council, and such other duties and responsibilities as required by law to be performed by the City Treasurer. 2-20.040 Absence or disability; acting City Manager. The City Manager shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during h+s my temporary absence or disability of the City Manager. In the event the City Manager's tem on rary absence or disability extends over a two-month period, the City Council may, after the two-month period, appoint an acting City Manager. In the event of the City Manager's resignation or inability to appoin an acting City Manager the City Council may do so at any time after notice of such conditions ed, however, that in the event of a resignation the acting City Manager shall not assume the powers and duties of the City Manager until 5:00 p.m. on the effective date of the resiamtion 2-20.050 Powers and duties of the City Manager. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this Article. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the City Manager's control. In addition to general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties: (a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions and ordinances of the City, and the City Manager shall have the powers of a peace officer. The City Manager shall also see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed and the conditions, if any, thereof performed. (b) Authority over employees. The City Manager shall have the duty and authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City Manager's jurisdiction threugh their department ent heads The Citv Manager all have the duty and authority to control, order and give directions to the personne director on all matters of employer-employee relations, including grievances and meeting and conferring with unions and associations. (c) Power of appointment and removal. The City Manager shall have the duty to, and shall appoint, employ, remove, promote and demote any and all officers and employees of the City, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution of the City Council. (d) Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under the City Manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (e) Ordinances. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as the City Manager deems necessary. (f) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless t-ie the City Manager is excused therefrom by the Mayor individually, or the City Council. (g) Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 2 34 (h) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. (i) Expenditure control and contracting. No expenditure shall be submitted to or recommended to the City Council except on approval of the City Manager or #is the City Manager's duly authorized representative. The City Manager shall be responsible for the purchase of all supplies and services for all the departments and divisions of the City in accordance with the City purchasing policy and may accept on behalf of the City grants in any amount and execute agreements with other public agencies provided that such grants and agreements do not obligate expenditures by the City in excess of twenty-five thousand dollars. (j) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and to investigate any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises and permits granted by the City are faithfully performed and that the provisions and requirements thereof are observed. The City Manager may delegate these duties but remains responsible for overseeing the performance of these duties. If a complaint, concern, or investigation involves an allegation against the City Manager, the City Manager will not be in charge of addressing such concerns, and the City Council wil determine the individual to address such a concern, which may include an auditor. counsel, or other consultant. (k) Public buildings. It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks and all other public property whit that are under the control and jurisdiction of the City Council. (1) Additional duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to#im the City Manager from time to time by ordinance or resolution or other official action of the City Council. (Amended by: Ord. 71-175§ 2, 1998; Ord. 234§ 2 (part), 2005; Ord. No. 294, § 1.C.3., 9-5-2012) 2-20.060 Council-Manager relations; departmental cooperation. (a) The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. (b) It shall be the duty of all subordinate officers, department heads, and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. 2-20.070 Attendance at meetings of commissions, boards and committees. The City Manager may attend any and all meetings of the Panning Semmissiep, Pam-�,ks aRa Resreatien GOMmSSOGR, Heritage Prese a+i^^ r-^",MIss+e^ and aRy ether Commissions, boards or committees created under the provisions of this Code or by the City Council, . At such meetings which the City Manager attends,#e the City Manager shall be heard as to all matters U^^^ `"'h,,.h he ,A.,ishes to addres the m .mhers theFee #shall Worm said d n, beis oo +„ provide information regarding the status of any matter being considered by the City Council, and #e-shall cooperate to the fullest extent with the members of all Commissions, boards or committees appeinted by the City GeUnGil. The Citv Manager may delegate to others to attend such meetings Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 3 35 2-20.080 Removal procedure. The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular or special Council meeting at which a quorum of the Cit- Council is present; subject, however, to the provisions of this Section. In case of#iceintended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council' that intention to remove him at least thirty rays before the date the City Council meets to consider the effent'ye .Jots of 4�& removal. If the Gity Manag8F s requests, the Gity CO UGH shall n vide OR Writing reasons for the intended removal, which shall be provided the City Manager within seven days after the FeGeipt Of SUGh request frem the City MaRager, and at least f'fte8R days prier te the e#eGt've date of SuGh (a) Hearing. Within seven days after the delivery to the City Manager of such notice of intention t remove, he may by written notification, duly delivered, request a hearing before the City Council. Thereafter the Gity GE)URG101 s;h_A111 fox -A time fer the heaFiRg whiGh shall be held at its 61s- meeting place but before the expiration of the thirty day period, at which the City Manager shatl appear nd he heard with OF WitheUt n el (b) Suspension pending hearing. After fUFRishiRg the Gity MaRager with WFitteR RetiGe of iRteRded removal, the Gity GGLIRGil May SUSPeRd him frem duty; but has GE)MpeRsat'GR shall GGRtiRYe his removal by action of the Council passed subsequent to the aforesaid hearing— (c) discretion and its action shall be final and shall not depend upon any particular showing or City Council his grounds of opposition to his removal prior to its action (d) Limitation on removal. Notwithstanding the fo - . - . . Jons of this Section, the The City Manager shall not be removed from office for any reason except misconduct in office, during or within a period of ninety days following any general municipal election in the City at which a member of the City Council is elected. After the expiration of such ninety-day period, the1 Manager may be removed or any or no reason because the City Manager serves at the pleasure of the City Council as an at-will employee. PFGVTsiGRS of this as to the removal ef the Gity MaRager shall agaiR apply. 2-20.090 Employment agreement. Nothing in this Article shall be construed as a limitation on the power or authority of the City Council to enter into any employment agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any of the provisions of this Article. Exhibit ] Amendments to Articles 2-20 and 2-40 Page 4 36 Article 2-40 PERSONNEL SYSTEM Sections: 2-40.010 Purpose of Article. 2-40.020 Definitions. 2-40.030 Administration. 2-40.040 Application of Article. 2-40.050 Adoption of personnel rules. 2-40.060 Appointments. 2-40.070 Probationary period. 2-40.080 Status of present employees. 2-40.090 Demotion, dismissal, reduction in pay, suspension, reprimand. 2-40.100 Right of appeal. 2-40.110 Lav-off. 2-40.120 Political activity. 2-40.130 Contracts for special services. 2-40.010 Purpose of Article. This Article is adopted to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process. 2-40.020 Definitions. For the purposes of this Agile , the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Appointing authority means the officers or officials of the City who, individually or collectively, have the final authority to make the appointment to the position to be filled. (b) Class means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application of common standards of selection, transfer, salary and discipline. (c) Competitive service means all positions of employment in the service of the City, except those excluded under Section 2-40.040 of this Article. (d) Demotion means the movement of an employee from one class to another class having a lower maximum base rate of pay. (e) Lay-off means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes. (f) Personnel director means the employee with primary responsibility for human resources functions. (#2) Position means a group of duties and responsibilities in the competitive service requiring the full- time or part-time employment of one person. Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 5 37 (gh) Probationary period means a period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. (#i) Promotion means the movement of an employee from one class to another class having a higher maximum base rate of pay. (ij) Regular employee means an employee in the competitive service who has successfully completed the probationary period and has been retained as a permanent employee. Gh) Reinstatement means the restoration without examination of a former regular employee. (kj) Suspension means the temporary separation from service of an employee without pay for disciplinary purposes. (tm) Transfer means a change of an employee from one position to another position in the same class or in a comparable class. 2-40.030 Administration. The City Manager shall administer the City personnel system and may delegate any of the powers and duties to a personnel director or may delegate to a department director the authority to sign offer letters of employment to temporary, non-benefited employees in coordination with the personne director or may recommend that some or all such powers and duties be performed under contract as provided in Section 2-40.130 of this Article. The City Manager shall: (a) Act as the appointing authority for the City. (b) Administer all the provisions of this Article and of the personnel rules not specifically reserved to the City Council. (c) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. (d) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. (e) Have the authority to discipline employees in accordance with this Article and the personnel rules of the City. (f) Provide for the announcement and recruiting for positions in the competitive service; the receiving of applications therefor; the conducting of tests; the certification of persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. 2-40.040 Application of Article. This Article shall apply to all offices, positions and employments in the service of the City, t at nothing in this Article regarding disciplinary rights and disciplinary processes apply to those who serve in an at-will capacity, at the pleasure of the City Council, or by contract. Not in this Article or the Saratoga City Code gives the right to continued employment to those who serve at- will, or at the pleasure of City Council, or by contract (a)€testive s#+e&-� (G) Membersref appei„t;ve bGardS, GGF rnisstens,a„d eeFnFnrRee&. (d) All MaRagerierRt eMp;vpeeS.. Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 6 38 /f`f) V91U„:eerpersenR (h) F=rn8FgeRGy employees who are hired to rReet the immediate F8q61iFeMeRtG of aR emergeRG Employees, other thaR these listed e_I,_;eMVhe_.re in thiG SeGtieR, whG are net regylaFly employed i definite term into a h, dgeted PGE;itiGR, WhO 06 FegWaFly GGI;eduled to work PA less than heen retained as provided in ts year, hiFtinle and then el rifles ARY Pes+#� primarily funded- und-er- Staten-.r federal empleymen am. their o sting a utherity 2-40.050 Adoption of personnel rules. Personnel rules shall be adopted by resolution of the City Council and used in the administration and interaretation of the Saratoga City Code. The rules may establish regulations governing the personnel system, including, but not limited to, the following: (a) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class. (b) Appropriate announcement of the selection process and acceptance of applications for employment. (c) Preparation and conduct of tests in the recruitment process. (d) Certification and appointment of persons for employment. (e) Establishment of probationary testiRgperiods. (f) Evaluation of employees during the probationarytestiRgperiod and thereafter. (g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off of employees in the competitive service. (h) Separation of employees from the City service. (i) The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements. (j) The establishment of any necessary appeal procedures. 2-40.060 Appointments. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. In any examination, the City Manager or-hdesignee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. Exhibit 1 –Amendments to Articles 2-20 and 2-40 Page 7 39 2-40.070 Probationary period. Prior to the completion of the new hire probation period (12 months). management $hal decide whether or not to recommend continued employment. If the decision us to discontinue employment, the incumbent shall be separated. If a decision is made to continue employment; a Personnel Action Form shall be prepared by the Human Resources Division for the hiring section's authorization changing the incumbent from probationary status to reaular status During the probationary period. the employee may be rejected and employment terminated at an_- time without the right of appeal, hearing or any grjevance procedure F8qU!F!Rg abse.pr.e frearn v.oeirk of me-re than tweRty werk!Rg days, the num—her A-f days abseRt sh-all be statiRg that the reteRtOOR ef SUGh employee OR the SeWIGe is desired. If -a statemeRt OSRE)t filed, 2-40.080 Status of present employees. Any person holding a position included in the competitive service who, on the effective date of this Article, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his or her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this Article and the personnel rules. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. 2-40.090 Demotion, dismissal, reduction in pay, suspension, reprimand. The City Manager or any appointing pewer auth9xii. shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules. 2-40.100 Right of appeal. (a) Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this Article or the personnel rules. (b) All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this Article. Exhibit 1 -Amendments to Articles 2-20 and 2-40 Page 8 40 2-40.110 Lay-off. Lay-off actions shall follow the process outlined in the personnel rules adopted pursuant to this Article. 2-40.120 Political activity. The political activities of City employees shall conform to pertinent provisions of State law avoiding conflicts of interest) and any provision adopted by the City pursuant to State law. This provision in no way prohibits or restricts Constitutional rights such as free speech 2-40.130 Contracts for special services. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this Article: (a) The preparation of personnel rules and subsequent revisions and amendments thereof. (b) The preparation of a position classification plan, and subsequent revisions and amendments thereof. (c) The preparation, conduct and grading of competitive tests. (d) The conduct of employee training programs. (e) Special and technical services of advisory or informational character on matters relating to personnel administration. Exhibit 1 —Amendments to Articles 2-20 and 2-40 Page 9 41 SARATOGA CITY COUNCIL MEETING DATE: June 18,2014 AGENDA ITEM: DEPARTMENT: Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Anthony McFarlane DIRECTOR: Mary Furey SUBJECT: Annual Approval of the City's Investment Policy-for Fiscal Year 2014/15 RECOMMENDED ACTION Review and approve the Investment Policy for Fiscal Year 2014/15. REPORT SUMMARY Background California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2-20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually review and approve the City's Investment Policy. The Investment Policy lays the foundation for the City's investment management functions. It serves as a guide for setting and achieving investment objectives, defines rules and established benchmarks, prohibits and/or restricts investment instruments, and reduces the exposure to liability by both staff and City Council. Compliance with the investment policy is an element of fiscal discipline considered by the City's auditors and rating agencies during their respective reviews. The City's investment policy establishes a wide array of authorized and suitable investments in alignment with State government code; however the City's ongoing practice is to restrict investments to the Local Agency Investment Fund(LAIF). LAIF began in 1977 as an investment alternative for California's local governments and special districts to offer governmental agencies the opportunity to participate in a major portfolio which invests hundreds of millions of dollars annually, using the investment expertise of the State's Treasurer's Office investment staff at no cost to participating agencies. As LAIF is governed by conservative investment practices, earnings may provide slightly lower returns than actively managed bond investment portfolios during a healthy economy, however LAIF is a safe and proven investment strategy which has historically protected the City against investment losses during economic downturns, and continues to provide quarterly interest earnings, in excess of the benchmark yield as defined in the policy, in a well-diversified and expertly managed portfolio. Under protection by state and federal laws, funds placed on deposit in LAIF are not subject to use by, borrowing of, or impoundment or seizure by any state official or state agency. The Treasurer's Office also maintains Investment Protection Standards that set principles for the investment banks and broker- dealers to protect investors. Discussion Last year, at the July 3, 2013 Council Meeting, the City Council approved the Investment Policy for FY 42 2013/14 in its current version. In reviewing the objectives of the investment policy, the City's investments meet the required elements for Safety, Liquidity and Return on Investments. 100% of investments are placed within LAIF and the current rate of return of 0.23% exceeds the benchmark one year U.S. Treasury Bill rate of 0.10%. The average maturity of 185 days is well within the average two year maturity as defined in the policy. Staff recommends the currently adopted investment policy continue for the 2014/15 fiscal year. The policy is modeled on the policy approved by the Association of Public Treasurers of the United States and Canada(APT US&C) in August 2002. FISCAL IMPACTS None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with State and Local regulations. ALTERNATIVE ACTION Direct Staff to make changes to the Investment Policy and return at the next meeting. 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 A: Investment Policy 43 Q� Attachment A 1956 City of Saratoga INVESTMENT POLICY FOR THE FISCAL YEAR 2011/12 1.0 Policy: It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return, while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. 2.0 Scope: This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include: 2.1 Funds: 2.1.1 General Fund 2.1.2 Special Revenue Funds 2.1.3 Capital Project Funds 2.1.4 Debt Service Funds 2.1.5 Trust and Agency Funds 2.1.6 Any new fund,unless specifically exempted 2.2 Exceptions: The following financial assets are excluded: 2.2.1 Deferred Compensation Plans-Investments are directed by the individual plan participants. 2.2.2 Debt Service Funds Held by Trustees-Investments is placed in accordance with bond indenture provisions. 2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by City Council. 3.0 Prudence: Investments shall be made with judgment and care--under circumstances then prevailing--which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investments, considering the probable safety of their capital as well as the probable income to be derived. 3.1 The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 44 4.0 Obiectives: The primary objectives, in priority order,of the City of Saratoga's investment activities shall be: 4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only in investment grade securities and by diversifying the investment portfolio so that potential losses on individual securities will have a minimal impact on the portfolio. b. Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years and the maximum maturity of any one security to five years, and by structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities prior to maturity. 4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to enable the City of Saratoga to meet all operating requirements, which might be reasonably anticipated. 4.3 Return on Investments: The City of Saratoga's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Saratoga's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 Delegation of Authority: Authority to manage the City of Saratoga's investment program is derived from the following: California Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035. Management responsibility for the investment program is hereby delegated to the City Manager who shall be responsible for supervising all treasury activities of the Administrative Services Director and who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegations of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this policy and the procedures established by the City Manager. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. These officers and employees involved in the investment process shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City. - Employees and investment officials shall refrain from undertaking personal investment transactions with individuals with who business is conducted on behalf of the City of Saratoga 45 7.0 Authorized Financial Dealers and Institutions: The City Manager will maintain a list of financial institutions authorized to provide investment services to the City. hi addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness and who are authorized to provide investment services in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities& Exchange Commission Rule 150-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Manager with the following: personal interview, firm description and audited financial statements, proof of National Association of Securities Dealers (NASD) certification, proof of State of California registration, completed broker/dealer questionnaire and certification of having read the City of Saratoga's investment policy and applicable depository contracts. An annual review of the financial condition and registrations of qualified bidders will be conducted by the City Manager. A current audited financial statement is required to be on file for each financial institution and broker/dealer with which the City of Saratoga invests prior to any transaction. 8.0 Authorized and Suitable Investments: The City of Saratoga is empowered by Government Code Section 53601,and further limited by this investment policy,to invest in the following types of securities: Term to Type Guarantee Limits Maturity LAW State Fund $40,000,000 On Demand U.S.Treasury Bills U.S.Treasury No Limit 1 Year U.S.Treasury Notes U.S.Treasury No Limit 5 Years U.S.Govt.Agency Issues(e.g.FNMA, Federal No Limit 5 Years GNMA) Agencies Certificates of Deposit(California Bank FDIC/FSLIC 20%portfolio per institution; 3 Years or Savings&Loan Companies) and Collateral 30%total portfolio Negotiable Certificates of Deposit Issuing 20%portfolio per institution; 5 Years Institution 30%total portfolio Investment Grade Obligations of Public Entity 20%portfolio per institution; 5 Years California,or Local Governments,or 30%total portfolio Public Agencies Money Market Mutual Funds Fund 10%portfolio per institution; On Demand 20%total portfolio Passbook Savings Account and Demand Issuing Bank Minimum necessary for On Demand Deposit current cash flow 46 The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for the purpose of investing. The City shall not invest in instruments whose principal and interest could be at risk contrary to Section 4.1 of this policy. Examples of these instruments are options and future contracts. The City shall not invest in"derivatives". See Glossary for description of above securities. 9.0 Collateralization: Collateralization will be required on certificates of deposit and other deposit-type securities. In order to anticipate market changes and provide a level of security for all funds,the collateralization level will be 110% of market value of principal and accrued interest, in accordance with California Government Code Section 53651 and 53652. The City of Saratoga chooses to limit collateral to those listed in Section 8.0. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City of Saratoga and retained. The right of collateral substitution may be granted. 10.0 Safekeeping and Custody: All security transactions entered into by the City of Saratoga shall be conducted on a delivery- versus-payment (DVP) basis. Securities will be held by a third party custodian, in the City of Saratoga's name and control, designated by the City Manager and evidenced by safekeeping receipts. 11.0 Diversification: The City of Saratoga will diversify its investments by security type and institution. Limits are provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no more than 30% of the City of Saratoga's total investment portfolio will be invested in a single security type or 20%with a single financial institution. 12.0 Maximum Maturities: To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not directly invest in securities maturing more than five(5)years from the date of purchase. However, the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten(10)years to maturity. Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such investments coincide as nearly as practicable with the expected use of the funds. 47 The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The amount of active deposits and inactive investments with maturity of one year or less shall always be equal to or greater than the required general operating reserve. The report discussed in Section 15.0 shall demonstrate this policy is in effect. 13.0 Internal Control: The City of Saratoga is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that(1)the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by the City Manager and staff. Accordingly, the City shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The internal controls shall address the following points: • Control of collusion. • Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping. • Avoidance of physical delivery of securities. • Clear delegation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Development of a wire transfer agreement with the lead bank and third-party custodian. 14.0 Performance Standards: The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. 14.1 Market Yield(Benchmark): The City's investment strategy is passive. Given this strategy, the benchmark used by the City of Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury Bill. 15.0 Reporting: The City Manager is charged with the responsibility of including a market report on investment activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in compliance with California Government Code Section 53646. 16.0 Investment Policy Adoption: The City of Saratoga's investment policy shall be reviewed and adopted by the City Council annually. 48 GLOSSARY Broker Someone who brings buyers and sellers together and is compensated for his/her service. Comprehensive Annual Financial Report(CAFR) The City's annual financial statements and footnotes, along with an executive summary, financial outlook, statistical information,and other financial information. Certificates of Deposit Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable. Collateralization Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public monies. Custodian A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer Someone who acts as a principal in all transactions,including buying and selling from his/her own account. Delivery vs.Payment The preferred method of delivering securities,with an exchange of money for the securities. Demand Deposits A deposit of monies which are payable by the bank upon demand of the depositor. Derivative Securities that are based on,or derived from, some underlying asset,reference date,or index. FDIC Federal Depository Insurance Corporation FSLIC Federal Savings and Loans Insurance Corporation Liquid An asset that can easily and rapidly be converted into cash without significant loss of value. Local Auncy Investment Fund(LAIF) The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments. There is a limitation of $30 million per agency subject to a maximum of ten (10) total transactions per month. The City uses this fund when market interest rates are declining as well as for short- term investments and liquidity. Money market mutual funds Mutual funds that invest in short term securities and strive to maintain a share price of$1. 49 Negotiable certificates of deposit A bank deposit issued in negotiable form(i.e.,one that can be bought or sold in the open market). Passive Investment Strategy An approach to managing the investment portfolio, which entails a "buy and hold" strategy in which investments are generally held until they mature. Portfolio Combined holding of more than one stock,bond,commodity, cash equivalent or other asset. The purpose of a portfolio is to reduce risk through diversification. Primary Dealer A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its oversight. Regional Dealer A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve,but is registered with the Securities and Exchange Commission. Safekeeping Offers storage and protection of assets provided by an institution serving as an agent U.S.Treasury Bills Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face value at maturity. U.S.Treasury Notes These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually. U.S.Government Agency Issues Include securities, which fall into this category. Issues,which are unconditionally, backed by the full faith and credit of the United States,e.g. Small Business Administration Loans. 50 oc I Sale SARATOGA CITY COUNCIL MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Shaheen Sarwari DIRECTOR: John Cherbone Administrative Assistant SUBJECT: Contract Renewal for Traffic Signals & Lighted Crosswalks Maintenance & Repair Services RECOMMENDED ACTION: Approve a three-year contract agreement with Siemens Industry, Inc. for City traffic signals and lighted crosswalks maintenance and repair services and authorize the City Manager to execute the same. REPORT SUMMARY: In 2012, Siemens Industry Inc. acquired Republic ITS which was the original vendor for the City's traffic signals and lighted crosswalks maintenance and repair services since 2006. Siemens Industry, Inc has continued to provide the same superior quality in services that the City had come to expect from Republic ITS. Over time, the staff at Siemens (previously Republic ITS) has become familiar with all the City traffic signals and lighted crosswalks, building a history of knowledge about each one. This is experience is invaluable in enhancing efficiency in response to service call-outs. Siemens Industry, Inc. has agreed to keep the same rates and fees for another three years. It is therefore recommended that City Council approve a contract renewal with Siemens Industry, Inc. for traffic signals and lighted crosswalks maintenance and repair services for the City and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding is available in the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The contract agreement will not be renewed. Page 1 of 2 51 ALTERNATIVE ACTION: None. FOLLOW UP ACTION: The renewed agreement will be executed and Siemens Industry, Inc. will continue providing maintenance and repair services to the City for its traffic signals and lighted crosswalks. ADVERTISING,NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Renewed Contract Agreement 2. Current Contract Agreement Page 2 of 2 52 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 Siemens Industry Inc. ("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 July 1, 2014 and extends through June 30, 2017 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 City of Saratoga Independent Contractor Agreement 53 Page 1 of 24 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 John Cherbone, Director, Public Works Department ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any City of Saratoga Independent Contractor Agreement 54 Page 2 of 24 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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: Siemens Industry, Inc. Attn: Rhodora Car-pena 79 Mitchell Blvd San Raphael CA, 94903 1-415-472-2722 Notices to City shall be sent to: Dave 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 55 Page 3 of 24 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Date: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: Date: City Attorney Attachments Exhibit A -- Scope of Work Exhibit B -- Payment Terms and Rate Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Saratoga Independent Contractor Agreement 56 Page 4 of 24 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs EXHIBIT A SCOPE OF WORK 1. Contractor agrees to furnish all labor, material and equipment to perform all work necessary to maintain traffic signal facilities and lighted crosswalks within the jurisdiction of City, all in accordance with the terms herein. Contractor is to do all such work and provide such material, as an independent contractor, subject to inspection and approval by the Director of Public Works or the Director's authorized agent. 2. Contractor agrees to the following preventative maintenance: LIST OF INTERSECTIONS Contractor will maintain the following traffic signals: • Fruitvale Ave./Allendale Ave. • Prospect Rd./Miller Ave. • Quito Rd./Allendale Ave. • Quito Rd./Pollard Ave. • Saratoga Ave./Cox Ave. • Saratoga Ave./Dagmar Dr. • Saratoga Ave./Fruitvale Ave. • Saratoga Ave./Scotland Dr. • Saratoga Ave./Vineyard Ln./Bellgrove Cir. • Saratoga-Sunnyvale Rd./Seagull Ave. • Saratoga-Sunnyvale Rd./Blauer Dr. • Saratoga-Sunnyvale Rd. /Cox Ave./Wardell Rd. • Saratoga-Sunnyvale Rd. /Herriman Ave. • Saratoga-Sunnyvale Rd. /Pierce Rd. • Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. Contractor will maintain the following lighted crosswalks as described in the following section: • Big Basin Way lighted crosswalk system (Starbucks Corner) • Cox Ave between Saratoga Ave and Paseo Presada • Saratoga Avenue at Herriman Avenue lighted crosswalk system • Saratoga-Los Gatos Road at Mendelsohn Ln lighted crosswalk system • Saratoga-Los Gatos Road at Oak Street lighted crosswalk system • Saratoga-Los Gatos Road at Vickery Avenue lighted crosswalk system CONTRACTOR SHALL PERFORM THE FOLLOWING TASKS CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA: MONTHLY ROUTINE MAINTENANCE-TRAFFIC SIGNALS • Check the time setting, coordination plans and match with time sheet on electromechanical and solid state controllers. • Visually inspect controller and cabinet for proper operation. City of Saratoga Independent Contractor Agreement Page 5 of 24 Exhibit A—Scope of Work 57 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs • Visually inspect all vehicular and pedestrian signals for proper operation and replace outages found. • Visually inspect and realign signals as required. • Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outages found.All LED units will be reimbursed by SARATOGA. Labor and equipment for installation of LED units are included. • Check load switches. • Check relays. • Visually check for bent visors and back plates. • Reset telephone modems. • Check for broken or missing emergency vehicle detectors. • Visually inspect the battery backup system (BBS). • Turn off Utility power and ensure system effectively switches to the BBS. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to SARATOGA by intersection. MONTHLY ROUTINE MAINTENANCE LIGTHED CROSSWALKS • All lighted crosswalk systems - activate and visually inspect all flashing lights including lights embedded in roadway pavement,signs,beacons, overhead lights and other flashing or non-flashing lights connected to the crosswalk systems. This includes all advanced signs, beacons and overhead lights. Activate and use the crosswalk observing the timing; recommend timing changes if necessary. Record inspection date and time and send the reports to the City monthly. In case a corrective action is recommended, send the report to the City immediately. • All lighted crosswalk systems - visually inspect all poles, signs, push buttons, overhead lights and support structures and solar panels for any sign of damage. Record inspection date and time and send the reports to the City monthly. In case a corrective action is recommended, send the report to the City immediately. • All lighted crosswalk systems - visually check shading and or accumulated debris on solar panels connected to each crosswalk system. Record inspection date and time and send the reports to the City monthly or upon request. In case vegetation trimming or other corrective action is recommended, send the report to the City immediately. 3 -MONTH ROUTINE MAINTENANCE (In addition to monthlyl • Check and actuate each pedestrian push button for proper operation. • Visually inspect roadway along loop detectors for possible exposed wires, cracks and pot holes. • Check detector amplifiers and tune if needed. • Manually record inspection date and time in controller cabinet and send written confirmation of 3-month inspection with recommendations to SARATOGA by intersection. City of Saratoga Independent Contractor Agreement Page 6 of 24 Exhibit A—Scope of Work 58 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 6-MONTH ROUTINE MAINTENANCE (In addition to monthly and 3-month • Check controller cabinet filter. • Check ground rod clamp and wire. • Check wire schematics and records to make sure they are in the cabinet. • Check operation of the fan. • Check operation of ground fault receptacle. • Measure voltage at service inputs in cabinet and record. • Visually check for wear and function on electromechanical components. • Check BBS battery voltage/amp output. Make recommendations for battery replacement when necessary. • Test BBS charging system. • Test batteries and record results. • Report results regarding measurement level to client. • Manually record inspection date and time in controller cabinet and send written confirmation of 6-month inspection with recommendations to SARATOGA by intersection. YEARLY ROUTINE MAINTENANCE(In addition to monthly.3 and 6-month • Vacuum and clean controller cabinet and contents. • Replace cabinet filter. • Check weatherproof gasket seal on controller cabinets. • Visually check integrity of splices on all pullboxes. • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check indicator lamps. • Check all connectors. • Check detector extensions. • Clean BBS. • Check all BBS connections and clean terminals. • Add anti-corrosion compound to the battery terminals. • Record BBS results and provide report to client. • Read electronic error history of Conflict Monitor or Malfunction Management Unit and record results if any. • Test Conflict Monitor or Malfunction Management Unit. • Test Emergency vehicle Pre-emption system by driving all approaches and testing with strobe. • Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to SARATOGA by intersection. 3. Contractor agrees to respond to normal traffic signal, lighted crosswalks and illuminated street name sign lamp outage calls during regular business hours under the per month per intersection price specified in Exhibit B, section 1. 4. Contractor will perform an initial inspection of all intersections and lighted crosswalks and provide written recommendations of all repairs required. City of Saratoga Independent Contractor Agreement Page 7 of 24 Exhibit A—Scope of Work 59 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs Said work shall be performed on a time and material basis at the rates specified in Exhibit B, section 1. 5. Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during Contractor's normal business hours and an answering service for the receiving of notification of inoperative Traffic Signals or lighted crosswalks requiring emergency repairs or service at all times (7days per week) other than Contractor's normal business hours, whether such notification originates with City or of a party or person other than City. 6. Contractor agrees to have service personnel available 24 hours per day to respond to traffic signal, lighted crosswalks and controller trouble calls. Response time will be within one hour during regular business hours and after regular business hours and weekends. In the event of multiple calls, each will be serviced on a priority basis. City will provide Contractor with a priority list. This priority list will constitute authorization from City to Contractor to leave an intersection of a non-priority status to respond to a priority intersection. 7. Contractor agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic signals, lighted crosswalks, controllers, flashing beacons and detector devices which Contractor may be called upon from time to time by City to repair, replace or refurbish. However, it is understood that any materials requiring replacement in excess of Two Thousand Five Hundred Dollars ($2,500.00) will not be installed without prior written approval from City. 8. Respond and make corrective action to all service requests within one hour on weekdays (regular hours; 7am to 4pm), and two hours on nights (4pm to 7am), weekends, and holidays. No travel time charges shall be incurred during normal regular hours. Service requests during non-regular hours are subject to a two hour minimum charges. City of Saratoga Independent Contractor Agreement Page 8 of 24 Exhibit A—Scope of Work 60 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs EXHIBIT B PAYMENT TERMS AND RATE SCHEDULE 1. TOTAL COMPENSATION In addition for furnishing said labor, materials and equipment, pursuant to Paragraphs 2 and 3, (preventative maintenance), Contractor shall receive from the City the sum of Ninety-Five Dollars ($95.00) per month for each signalized intersection and the sum of Fifty Dollars ($50.00) per month for each lighted crosswalk. In consideration for furnishing labor, materials and equipment pursuant to Exhibit A, Paragraph 4, Contractor shall receive the invoice cost of materials plus 20% and its then current labor rates. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum which City shall pay per fiscal year for the routine maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $20,100.00. The total sum which City shall pay per fiscal year for the response maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $30,000.00. Labor Hourly Rate Schedule Electrician Foreman $ 96.85 Labor/Electrician $ 88.00 Labor/Electrician (Overtime) $155.00 Equipment Hourly Rate Schedule Bucket Truck $ 25.00 Mobile Crane $ 65.00 Compressor $ 18.00 Arrow-board $ 15.00 Engineering Fee Schedule Principal Engineer $195.00 per hour Senior Engineer $175.00 per hour Associate Engineer $150.00 per hour Staff Engineer $125.00 per hour Senior Engineering Assistant $115.00 per hour Engineering Assistant $105.00 per hour CAD Operator $75.00 per hour Clerical $75.00 per hour Reproductions Cost plus 15% City of Saratoga Independent Contractor Agreement Page 9 of 24 Exhibit B—Payment Terms and Rate Schedule 61 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; C. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City of Saratoga Independent Contractor Agreement Page 10 of 24 Exhibit B—Payment Terms and Rate Schedule 62 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 Page 11 of 24 Exhibit C—Facilities and Equipment 63 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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, City of Saratoga Independent Contractor Agreement Page 12 of 24 Exhibit D—General Provisions 64 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 City of Saratoga Independent Contractor Agreement Page 13 of 24 Exhibit D—General Provisions 65 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 City of Saratoga Independent Contractor Agreement Page 14 of 24 Exhibit D—General Provisions 66 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 furnishing of any services pursuant to this Agreement, Contractor City of Saratoga Independent Contractor Agreement Page 15 of 24 Exhibit D—General Provisions 67 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 Page 16 of 24 Exhibit D—General Provisions 68 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of 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 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 City of Saratoga Independent Contractor Agreement Page 17 of 24 Exhibit D—General Provisions 69 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, City of Saratoga Independent Contractor Agreement Page 18 of 24 Exhibit D—General Provisions 70 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 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 Page 19 of 24 Exhibit D—General Provisions 71 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 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 Contractor'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 Page 20 of 24 Exhibit D—General Provisions 72 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $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 Page 21 of 24 Exhibit E-Insurance 73 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs $ 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 Page 22 of 24 Exhibit E-Insurance 74 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 Page 23 of 24 Exhibit E-Insurance 75 Contract For:Traffic Signals and Lighted Crosswalk Maintenance and Repairs 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 Page 24 of 24 Exhibit E-Insurance 76 rile of Saratoga Republic ITS:Thind A nnmdment to Agrecittew 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 Republic Intelligent Transportation Services, Inc. dba Republic ITS, ("Contractor"),who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2006 ("Original Agreement") and amended the agreement by an amendment signed by the City Manager on January 27, 2009 ("First Amended Agreement") and by a second amendment to the Agreement Signed by the City Manager on ("Second.Amended Agreement"), WHEREAS, City and Contractor wish to amend the Second Amended Agreement in order to change the term,scope of work and total payment amount. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on July 1, 2006 will extend through June 3001, 2014 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 to the Original Agreement. 2. Amended Scope of Mork Terms. Tile Scope of Work terms included in Exhibit A-1 to the First Amended Agreement are hereby replaced in their entirety supplemented with the Scope of Work Terms attached as Exhibit A-2 to this Amendment. 3. Amended Payment Terms. The payment terms included in Exhibit B-2 to the Second Amended Agreement are hereby replaced in their entirety supplemented with the payment terms attached as Exhibit B-3 to this Amendment. Amendment to Agreement Page 1 of 8 77 City of Saratoga Rel)ublic ITS:Third Amendment to Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: Contractor: By: By: --� Z__ 2- Dave Daae Anderson, City Manager Date Print Nam. i( Q S,, >r Date Title• Se 6 �"`'� Attest: By 1 &'jddMwM C2- Ma o mat#trr) C sial Morrow, City Clerk Date 'C_Ea 4 VE Approved as to Form: . � Date Richard S. Taylor, City Attorney Attachment: Exhibit A-2 --- Scope of Work Terms Exhibit B-3 --- Payment Terms Amendment to Agreement Page 2 of S 78 (,iIvnI'"'uI I t t I!a Rcpuhhk� ITS. Third Amenc11 eni Io A_glive'i ent EXHIBIT A-2 SCOPE OF WORK 1. Contractor agrees to furnish all labor, material and equipment to perform all work necessary to maintain traffic signal facilities within the jurisdiction of City, all in accordance with the terms herein. Contractor is to do all such work and provide such material, as an independent contractor, subject to inspection and approval by the Director of Public Works or the Director's authorized agent. 2. Contractor agrees to the following preventative maintenance: LIST OF INTERSECTIONS Contractor will maintain the following traffic signals: • Prospect Rd./Miller Ave. • Quito Rd./Aller;dale Ave. • Quito Rd./Pollard Ave. • Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. • Saratoga-Sunnyvale Rd./Herrinian Ave. • Saratoga-Sunnyvale Rd./Blauer Dr. • Saratoga-Sunnyvale Rd./Pierce Rd. • Saratoga-Sunnyvale Rd./Cox Ave./Wardell Rd. • Saratoga-Sunnyvale Rd./Seagull Ave. • Saratoga Ave./Cox Ave. • Saratoga Ave./Vineyard Ln./Bellgrove Cir. • Saratoga Ave./Dagmar Dr. • Saratoga Ave./Scotland Dr. • Saratoga Ave./Fruitvale Ave. • Fruitvale Ave. /Allendale Ave. Contractor will-maintain the following lighted crosswalks as described in the followingsection of this Amendment: • Saratoga-Los Gates Road at Oak Street lighted crosswalk system • Saratoga-Las Gatos Road at Vickery Avenue lighted crosswalk system • Saratoga-Las Gatos Road at Mendelsohn Ln lighted crosswalk system • Big Basin Way lighted crosswalk system (Starbucks Corner) • Cox Ave between Saratoga Ave and Paseo Presada CONTRACTOR SHALL PERFORM THE FOLLOWING TASKS CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA: _MONTHLY ROUTINE MAINTENANCE-TRAFFIC SIGNALS • Check the time setting, coordination plans and match with time sheet on electromechanical and solid state controllers. • Visually inspect controller and cahinet for proper operation. Exhibit A-2 : Scope of Work Page 3 of 8 79 City(If'Saratoga Republic ITS:Third Amendment mAArtcncmt w Visually inspect all vehicular and pedestrian signals for proper operation and replace outages found. * Visually inspect and realign signals asrequired. * Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outages found.All LED units will be reimbursed bvSARA7OGA. Labor and equipment for installation o[LED units are included. * Check load switches. m Check relays. * Visually check for bent visors and back plates. * Reset telephone modems. * Check for broken ormissing emergency vehicle detectors. * Visually inspect the battery backup system (8BS). * Turn off Utility power and ensure system effectively switches tothe BBS. * Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with mconmrncudadnno to 34R&7OG& by intersection. MONTHLY ROUTINE MAINTENANCE LIGTHED CROSSWALKS ° All lighted crosswalk symtcnns — activate and visually inspect all flashing |iQbts including lights embedded in roadway pavement, signs, beacons, overhead |iQbCs and other flashing or non-flashing lights connected to the crosswalk systems.This includes all advanced signs, beacons and overhead lights. Activate and use tile crosswalk observing the timing; recommend timing changes if necessary. Record inspection date and b/noand send the reports totile City monthly. In case corrective action is recomouended,send the report to the City immediately. * All lighted crosswalk systems — viuuu!|y inspect all poles, signs, push buttons, overhead lights and support structures and xn|ur panels for any sign of damage. Record inspection date and time and send the reports to the City monthly. In case a corrective action is recommended,send the report to the City immediately. * All lighted crosswalk systems —visually check shading and or accumulated debris on solar panels connected to each crosswalk system. Record inspection date and time and send the reports tnthe City monthly orupon request. Incase vegetation trimming m' other corrective action is recommended, send tbn report totile City immediately. 3 -MONTH ROUTINE MAINTENANCE(InAddition to monthly) * Check and actuate each pedestrian push button for proper operation. * Visually inspect roadway along loop detectors for possible exposed wires, cracks and pot holes. ° Check detectnramplifiers and tune i[needed. • Manually record inspection date and time in controller cabinet and send written confirmation of ]'onuoth inspection with recommendations to 3&RA7OCA by intersection. 6-MONTLI ROUTINE MAINTENANCE(In addition to monthly and 3-monM • Check controller cabinet filter. * Check ground rod clamp and wire. w Check wire schematics and records tomake sure they are iuthe cabinet. E xhibit &'2 : Scope o[Work Page 4of& 80 City of Sarawga Republic rTs:Third Amendment to Agreement • Check operation of the fan. • Check operation of ground fault receptacle. ■ Measure voltage at service inputs in cabinet and record. • Visually check for wear and function on electromechanical components. • Check BBS battery voltage/amp output. Make recommendations For battery replacement when necessary. • 'Fest BBS charging system. • Test batteries and record results. • Report results regarding measurement level to client. • Manually record inspection date and time in controller cabinet and send written confirmation of 6-month inspection with recommendations to SARATOGA by intersection. EARLY ROUTINE MAINTENANCE In addition to nionthly.3 and 6-Inonth • Vacuum and clean controller cabinet and contents. • Replace cabinet filter. • Check weatherproof gasket seal on controller-cabinets. • Visually check integrity of splices on all pullboxes, • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check indicator lamps. • Check all connectors. • Check detector extensions. • Clean BBS. • Check all BBS connections and clean terminals. • Add anti-corrosion compound to the battery terminals. • Record BBS results and provide report to client. • Read electronic error history of Conflict Monitor or Malfunction Management Unit and record results if any. • Test Conflict Monitor or Malfunction Management Unit. • Test Emergency vehicle Pre-emption system by driving all approaches and testing with strobe. • Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to SARATOGA by intersection.. 3. Contractor agrees to respond to normal traffic signal, lighted crosswalks and illuminated street name sign lamp outage calls during regular lousiness hours under the per month per intersection price specified in Exhibit B, section 1. 4. Contractor will perform an initial inspection of all intersections and lighted crosswalks and provide written recommendations of all repairs required. Said work shall be performed on a time and material basis at the rates specified in Exhibit B,section 1. S. Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those iters requiring emergency repair and service during Contractor's normal business hours and an answering service for the receiving of notification of inoperative Traffic Signals or lighted Exhibit A-2 : Scope of Work Page 5 of 8 81 C Iy of'Sam o-gx Republic ITS:Third Amendment wAgreement crosswalks requiring emergency repairs or service at all dnoon (7daya per week) other than Contractor's normal business hours, whether such notification originates with City orofaparty Vrperson other than City. 6. Contractor agrees to have service personnel available 34 hours per day to respond to traffic signal, lighted Crusevvaiku and controller U'oob\o calls. Response time will be within one hour during regular business hours and after regular business houro and weekends. In the event of multiple calls, each will be serviced on a priority basis. City will provide Contractor with o priority list. This priority list will constitute authorization from City to Contractor to leave aointersection ofQnon-priority status turespond toapriority intersection. 7. Contractor agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic signals, lighted crosswalks, controllers, flashing beacons and detector devices which Contractor may becalled upon from ti/ne to t|noe by City to repair, replace or refurbish. However, it is understood that any materials requiring replacement in excess of Two Thousand Five Hundred Dollars ($2,500.00) will not be installed without prior written approval from City. 8. Respond and make corrective action toall service requests within one hour on weekdays (regular hours; 7aro to 4nrnl, and two hours uu nights (4poo to 7anm),weekends,and holidays. Notravel time charges shall beincurred during normal regular hours. 38|`ViCe requests during non-regular hours are subject toatwo hour minimum charges. Exhibit A-2 : Scope ofWork Page 6u[8 82 01N,of sal.ltoga Republic ITS:Third Antendimnl to A—rcement EXHIBIT B-3 PAYMENT TERMS 1. TOTAL COMPENSATION In addition for furnishing said labor, materials and equipment, pursuant to Paragraphs 2 and 3, (preventative maintenance), Contractor shall receive from the City the suns of Ninety-Five Dollars ($95.00) per month for each signalized intersection and the sum of Fifty Dollars ($50.00) per month for each lighted crosswalk. In consideration for furnishing labor, materials and equipment pursuant to Exhibit A, Paragraph 4, Contractor shall receive the invoice cost of materials plus 20% and its then current labor rates. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum which City shall pay per fiscal year for the routine maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $20,100.00. The total sum which City shall pay per fiscal year for the response maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $30,000.00. Labor•Hourly Rate Schedule Electrician Foreman $96.85 Labor/Electrician $88.00 Labor/Electrician (Overtime) $155.00 Equipment Hourly Rate Schedules Bucket Truck $ 25.00 Mobile Crane $ 65.00 Compressor $ 18.00 Arrow-board $ 15.00 En-ahieering Fee Schedule Principal Engineer $195.00 per hour Senior Engineer $175.00 per hour Associate Engineer $150.00 per hour Staff Engineer $125.00 per hour Senior Engineering Assistant $115.00 per hour Engineering Assistant $105.00 per hour CAD Operator $75.00 per hour Clerical $75.00 per hour- Reproductions Cost plus 15% Exhibit B-3 : Payment Terms Page 7 of 8 83 01V oi,Sttratou Republic 1T5 Tlrird Anieaintent to Agreeniont 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the fallowing information. a. Serial identifications of bills, i.e., Bill leo. 1; b. The beginning and ending dates of the billing period; C, A summary containing the total contract amount, the amount of prior billings, the total due this period,and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work,and for authorized reimbursable expenses incurred. 4. REIMS SLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Exhibit B-8 : Pavment Terms Page 8 of 8 84 r City of Saratoga Republic ITS:Second Amendment to Agreement 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 REPUBLIC ITS., ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2006 ("Original Agreement") and amended the agreement by an amendment signed by the City Manager on January 27, 2009 ("First Amended Agreement"); and WHEREAS, City and Contractor wish to amend the First Amended Agreement in order to change the term and total payment amount. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on July 1, 2006 will extend through June 30th, 2012 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D to the Original Agreement. 2. Amended Payment Terms. The payment terms included in Exhibit B-1 to the First Amended Agreement are hereby replaced in their entirety supplemented with the payment terms attached as Exhibit B-2 to this Amendment. -Continued Next Page- Amendment to Agreement Page 1 of 4 85 City of Saratoga Republic ITS:Second Amendment to Agreement IN WITNESS WHEREOF,the parties hereto have executed this Amendment. City of Saratoga: Contractor: By: By: Dave Anderson, City Manager Date James Wagner Date VP Engineering Attest: Ann Sullivan, City Clerk Date Approved as to Form: 6-2Zy.I�Q Date Richard S. Taylor, City Attorney Attachment: Exhibit B-2 --- Payment Terms Amendment to Agreement Page 2 of 4 86 City of Saratoga Republic ITS:Second Amendment to Agreement EXHIBIT B-2 PAYMENT TERMS 1. TOTAL COMPENSATION In addition for furnishing said labor, materials and equipment, pursuant to Exhibit A-1, Paragraphs 2 and 3 (preventative maintenance) of first Amended Agreement, Contractor shall receive from the City the sum of Ninety-Five Dollars ($95.00) per month for each signalized intersection. In consideration for furnishing labor, materials and equipment pursuant to Exhibit A-1, Paragraph 4, of the First Amended Agreement Contractor shall receive the invoice cost of materials plus 20% and its then current labor rates. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum for fiscal year 2010-2011 for the routine maintenance work product to be provided by the contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $20,000. The total sum which City shall pay the in fiscal year 2010-2011 for the response maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed$40,000. The total compensation for the Fiscal Year 2011-2012 will be determined as per the City of Saratoga's adopted budget for Fiscal Year 2011-2012. Labor Hourly Rate Schedule Electrician Foreman $ 96.85 Labor/Electrician $ 88.00 Labor/Electrician(Overtime) $155.00 Equipment Hourly Rate Schedule Bucket Truck $ 22.00 Mobile Crane $ 65.00 Compressor $ 18.00 Arrow-board $ 15.00 Amendment to Agreement:Exhibit B-2 Page 3 of 4 87 City of Saratoga Republic ITS: Second Amendment to Agreement Enzineerinz Fee Schedule Principal Engineer $195.00 per hour Senior Engineer $175.00 per hour Associate Engineer $150.00 per hour Staff Engineer $125.00 per hour Senior Engineering Assistant $115.00 per hour Engineering Assistant $105.00 per hour CAD Operator $75.00 per hour Clerical $75.00 per hour Reproductions Cost plus 15% 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. l; b. The beginning and ending dates of the billing period; C. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A-1 to the First Amended Agreement. Amendment to Agreement:Exhibit B-2 Page 4 of 4 88 • Cop j 0 F 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 Republic Electric, ("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 July 1, 2006, and extends through June 30, 2008 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 ail times. City of Saratoga/Standard Contract Agreement Page 1 of 24 My Documents/Cont:acts 03/35/01 89 3. PAYMENT City shall pay Contractor for work product produced pursues-it 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 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. S. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication. concerning a pasty's compliance with the terms of this Agreement shall be in writing and tray 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 to person or the date upon which the postal authonty or overnight express earner indicates that the mailing was delivered to the address of the receiving Pasty. The Parties shall make good City of Saratoga;'Standard Contract Agreement Page 2 of 24 My Documents/Contracts 03115;01 90 faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Republic Electric 371 Be] Marin Keys Blvd, #200 Novato, CA 94949-5699 Notices to City shall be sent to: Dave 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 ab eements 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 acing 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 sha;I be valid unless made in wnting and signed by the parties hereto. Cirj of Saratogai Surdard Contract Agreement Page 3 of 24 My Documents/Cona•acts b3/15/01 91 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: B 4. P\_�4_qADate: (0 Print Name: James Wagner Position: Vice President of Engineering CITY OF SARATOGA, a municipal corporation, �.✓` G By: _ Date: Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: _ Date: .... City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: �A,7'� Date: Administrative Services Director Attachments Exhibit A -- Scope of Work. Exhibit B -- Contract Payment and Reporting Schedule Exhibit C - Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance RequirementsFA ests It` r f l Cathy l :vtC City �r1� City of Saratoga/Standard Contract Agreement Nage 4 of'e'" My Documents/Contracts 03/15/01 92 EXHIBIT A SCOPE OF WORK 1. Contractor agrees to furnish all labor, material and equipment to perform all work necessary to maintain traffic signal facilities within the jurisdiction of City, all in accordance with the terms herein. Contractor is to do all such work and provide such material, as an independent contractor, subject to inspection and approval by the Director of Public Works or the Director's authorized agent. 2. Contractor agrees to the following preventative maintenance: LIST OF INTERSECTIONS Contractor will maintain the following traffic signals: • Prospect Rd. /Miller Ave. • Quito Rd. /Allendale Ave. • Quito Rd. /Pollard Ave. • Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. • Saratoga-Sunnyvale Rd. /Herriman Ave. • Saratoga-Sunnyvale Rd. /Blauer Dr. • Saratoga-Sunnyvale Rd. /Pierce Rd. • Saratoga-Sunnyvale Rd. /Cox Ave. /Wardell Rd. • Saratoga-Sunnyvale Rd. / Seagull Ave. • Saratoga Ave. /Cox Ave. • Saratoga Ave. /Vineyard Ln. /Bellgrove Cir. • Saratoga Ave. /Dagmar Dr. • Saratoga Ave. /Scotland Dr. • Saratoga Ave. /Fruitvale Ave. • Fruiivale Ave. /Allendale Ave. REPUBLIC ELECTRIC SHALL PERFORM THE FOLLOWING TASKS CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA: MONTHLY ROliTINE MAINTENANCE • Visually inspect controller and cabinet for proper operatlon. • Visually inspect ail vehicular and pedestrian signals for proper operation and replace outages found. • Visually inspect and realign signals as required. • Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outages found. All LED units will be reimbursed by SARATOGA. Labor and equipment for instalation of LED units are included. • - Check-load switches - • Check relays. Ciry of Saratoga/S.andare,Contract Agreement P,;ge S of 24 My Documcnts,Contiacts -03/15/01 93 • Visually check for bent visors and back plates. • Reset telephone modems. • Check for broken or missing emergency vehicle detectors. • Visually inspect the battery backup system (BBS). • Turn off Utility power and ensure system effectively switches to the BBS. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to SARATOGA by intersection. 3 - MONTH ROUTINE MAINTENANCE (In addition to monthly) • Check and actuate each pedestrian push button for proper operation. • Check the time setting and match with time sheet on electromechanical and solid state controllers. • Visually inspect roadway along loop detectors for possible exposed wires, cracks and pot holes. • Check detector amplifiers and tune if needed. • Manually record inspection date and time in controller cabinet and send written confirmation of 3-month inspection with recommendations to SARATOGA by intersection. 6 - MONTH ROUTINE MAINTENANCE (In addition to monthly_ and 3- month • Check controller cabinet filter. • Check ground rod clamp and wire. • Check wire schematics and records to make sure they are in the cabinet. • Check operation of the fan. • Check operation of ground fault receptacle. • Measure voltage at service inputs in cabinet and record. • Visually check for wear and function on electromechanical components. • Check BBS battery voltage/amp output. Make recommendations for battery replacement when necessary. • Test BBS charging system. • Test batteries and record results. • Report results regarding measurement level to client. • Manually record inspection date and time in controller cabinet and send written confrmation of 6-mond; inspection %rith recommendations to SARATOGA by intersection. YEARLY ROUTINE MAINTENANCE fln addition to monthly,_3_ and 6- month • Vacuum and clean controller cabinet and contents. • Replace cabinet filter. • Check weatherproof gasket seal on controller cabinets • Visually check integrity of splices on all pu2h;oxes. • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check indicator lamps. City of Saratoga/Standard contract Ag;cement Page 6 of 24 ;1".y Documents/Contracts 03/15/01 94 • Check all connectors. • Check detector extensions. • Clean BBS. • Check all BBS connections and clean tenrlinals, • Add anti-corrosion compound to the battery• terminals. • Record BBS results and provide report to client. • Read electronic error history of Conflict Monitor or Malfunction Management Unit and record results if any. • Test Conflict Monitor or Malfunction Management Unit. • Test Emergency vehicle Pre-emption system by driving all approaches and testing with strobe. • Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to SARATOGA by intersection. 3. Contractor agrees to respond to normal traffic signal and illuminated street name sign lamp outage calls during regular business hours under the per month per intersection price specified in Exhibit B, section 1. 4. Contractor will perforin an initial inspection of all intersections and provide written recommendations of all repairs required. Said work shall be performed on a time and materia] basis at the rates specified in Exhibit B, section 1. 5. Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during Contractor's normal business hours and an answering service for the receiving of notification of inoperative Traffic Signals requiring emergency repairs or service at all times (7days per week) other than Contractor's normal business hours, whether such notification originates with City or of a party or person other than City, 6. Contractor agrees to have service personnel available 24 hours per day to respond to traffic signal and controller trouble calls. Response time will be within one hour during regular business hours and after regular business hours and weekends. In the event of multiple calls, each will be serviced on a priority basis. City will provide Contractor with a priority list. This priority list will constitute authorization from City to Contractor to leave an intersection of a non-priority status to respond to a priority intersection 7. Contractor agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic signals, controllers, flashing beacons and detector devices which- Contractor may be called upon from time to time by City to repair, replace or City of Saratoga/Standard Coritrar Agreement Page 7 of 2-4 My Documents/Contracts 03/1501 95 refurbish. However, it is understood that any matenals requiring replacement in excess of Two Thousand Five Hundred Dollars ($2500.00) will not be installed without prior written approval from city. 8. Respond and make corrective action to all service requests within one hour on weekdays (regular hours; 7a-m to 4pm), and two hours on nights (4pm to 7am), weekends, and holidays. No travel time charges shall be incurred during normal regular hours. Service requests during non-regular hours are subject to a two hour minimum charges. Cie/of Saratoga/Standard Cont:act Agrcement Page 8 of 24 My Docuniertrs/Contracts 03/15/01 96 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION In addition for furnishing said labor, materials and equipment, pursuant to Paragraphs 2 and 3, (preventative maintenance), Contractor shall receive from the City the sum of Ninety-Five Dollars ($95.00) per month for each signalized intersection. In consideration for furnishing labor, materials and equipment pursuant to Exhibit A, Paragraph 4, Contractor shall receive the invoice cost of materials plus 20% and its then current labor rates. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum which City shall pay for the routine maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $20,000.00. The total sum which City shall pay for the response maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $17,000.00. Labor Hourltl Rate Schedule Electrician Foreman $ 96.85 Labor/Electrician $ 88.00 Labor/Electrician (Overt=e) $155.00 Equipment Hourly Rate Schedule Bucket Truck $ 22.00 Mobile Crane $ 65.00 Compressor $ 18.00 Arrow-board $ 15.00 Engineerinq Fee Schedule I rinci al Engineer $195.00 per 1,our Senior Engineer $175.00 per hour Associate Engineer $150.00 per hour Staff Engineer $125.00 per hour Senior Engineering Assistant $115.00 per hour City of baratOgAt/,Itandit:d Contract Agreement Page 9 of''24 My Doa=-ents/Cont;acts 03/15/01 97 Engineering Assistant $105.00 per hour CAI) Operator $75.00 per hour Clerical $75.00 per hour Reproductions Cost plus 15% Audible Pedestrian Signal Installation When directed by the City, Republic will install audible signals at the cost of $4,000.00 per intersection (or $500.00 ea), and vibro-tactile signals at the cost of$11,000 per intersection. Cost assumes existing traffic signal infrastructure is compatible and is in working order with proposed audible or vibro-tactile signals. Costs include audible signal or vihro-tactile material, equipment, and labor; excludes installation of new conductors if required. 2. INVOICES Contractor shall submit invoices, not snore often than once a month during the terra of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. l; b. The beginning and ending dates of the billing period; C. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Cuy of Saxatoga;Standard Con�act Agreement Page 10 of 24 My Documents/Conlacus -03/15/31 98 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 revie«ring 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 cxpense, 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 o;Saratoga/Standard Contrecs .dgrcement Page :] of 24 My Documerts/contracts 03/1.5/01 99 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmarltike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. After this Agreement has been in effect for at least one full calendar year, the unit prices paid as indicated in Exhibit B may be adjusted each fiscal year based on the San Francisco Bay Area Consumer Price Index (CPI) for urban wage earners and clerical workers for the year ending with November; provided, however, any such adjustment to the unit prices shall not increase the ma,y3mum contract mount set forth in this Agreement. The Contractor request adjustments in writing prior to March I for the following fiscal year. City of Saratoga/Standard Contract Agreement Page 12 of 24 My Do�.umcnts/Con zacts 03/15!01 1.00 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no autholy, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any tirne 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 3s 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 1 771, all contractors and City of Saratoga/Standard Contract Agreement Page 13 of 24 My Documents/Conrracts 03/15,01 101 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 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 n.:le, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal cLrid local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited ta, all provisions of the Occupational Safety and Hea.Ith Act of 1979 as arnended, and Section 1771 of the California Labor Code City of Saratoga/Standard Contract Agreement Page 14 of 2.3 hty Documents/Connects 03/15/01 102 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 that Contractor shall, at its sole cost and expense, keep in effect at all times during the tenn of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business. C. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be de:ued the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of Lie work to be performed hereunder or upon termination of this Agreement. Retention of Records. Until the expiration of five years after _he furnishing of any services pursuant to this A.greertlent. Contractor shall retain and make available to the City or any pari/ designated by the City, upon vvntten City of Saratoga/Suandard Contract Agreement Page 15 of 24 My Documents/Convacts -03/15/01 103 request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of anv subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a. block entitled "Seal and Signature of Ren stered Professional with .report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. i 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 inforrriadon 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 we'll as activities under this Agreement, which information is not othe:-wise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Con tractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties; accidents, occurrences or other causes predicated or, active or passive negligence of the Contractor or of any subcontractor Contractor is required to pay pfdvailing ,xages, in accordance wiLh. Section 177 i of -he California Labor City r_f Sara_oga/Starda�d Contact Agreement Page 16 of 24 My Documents/Contracts 03!15/Ot 104 Code; Contractor rnust also ensure that prevailing wages ai-e paid by any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shah, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost a-sing out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and consti-ued to provide tlhe fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. 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 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 to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. Limitation on Indemnity. Without affecting the rights of Cityunder any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. Acknowledgement. Contractor- acknowledges that its obligation pursuant to this section_ extends to liability attributable to City, rf that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. 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 iunmunity under sucl-i statutes or laws as to City, its- employees tsemployees and officials. - - -- - CLty of Saratoga/Standard Contra=t Age.eruent ?age l' of 24 My Documents/Concacts 03/15/0; 105 Subcontractors. Contractor agrees to obtain executed indemnity agreements with pruvisions 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, kith or on behalf of Contractor in the performance or subject matter of this Agreement In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Such responsibility extends to ensuring the payment of prevailing wages by every subcontractor, in accordance with Section 1771 of the California Labor Code. 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. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: Fail-Lire 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 endetngered; 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 MN reasonably recuire 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. City of Saratoga/Srowdard Cont:ar agreement Page 18 of 24 My Documents/Contracts 03it5/01 106 b. Remedies upon default. Upon. any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party- may terminate this Agreement with or without cause by providing 10 days notice Ln 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. Notwitl,standing the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolu tion, 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 pa:-ty shall bear its own attorneys' fees an.d costs. 19. JURISDICTION AND SE_VERASILITY This Agreement shat be administered and interpreted under the laws of the State of California. Jurisdiction of Iitigation ansing from this Agreement slh,-li 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 City o;Saratoga/Standard Contrnczz Agreement Page 19 of 24 %1i Documents/Contracts 03/15/0! 107 inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be vi full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Corit.ractoi under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 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. 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 Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. CLry of Saratoga/Standard C.'onuact.4c;cement Page 20 of 24 My Documents/Contracts 03/15;01 108 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 requii-emer_ts and request that they provide Certificates of Insurance complete mth copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/$ _ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance if the standard ISO Foran wording for "OTHER INSURANCE", or other comparable wording, is not contained in Conti-actor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or sel.f-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 friability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property - damage - - Cir/of Seu atogal Standard Contract Agreement ?age 21 of 24 My Documents;Co=acts 03/15/01 109 $ .. per per son/$___.__ 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 tree contractor, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming die City of Saratoga, its officers, employees and agents as additional insured. (NOTE additional insured lang.age on the Certificate of insurance is NOT acceptable without a separatc, endorsement such as Form CG 20 10) X The Certificate of insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the City-of Saratoga/Stannard Contract Agreement Page 22 of 24 My Cocuments/Cont=acts 03/15/01 110 following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND u. . . but. failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." X All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials a-rid 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 clairn is made or suit is brought, except ."vrth respect to the limits o[ the insurer's liability. City of Saratoga;Suindud Contract Agreemeia ?age 23 of 24 My Documents/COntrdcts -03/i5/ol 111 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 reauested, 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/Standara Contact Agreement Page 24 of 24 My Documents/ContracTs o:�its;ot 112 Gop� QF 1 _ CITY OF SARATOGA �ie' ' t AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS .Amendment Agreement is made at Saratoga. California by and bet«veen the CITY OF SARATOGA, a municipal corporation ("City"), and Republic ITS, ("Contractor"). who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2006 ("Original :Agreement-): and WHEREAS, City and Contractor w-ish to amend the Original Agreement in order to change the teen and total payment amount by entering into this Amendment to the Original Agreement NOW THEREFORE, the parties hereto agree as follows: I . Amended Term The tern of the .Agreement commenced on July 1, 2006 and will extend tlu•ough June 301", 2010 or the completion of the project, whichever occurs first, unless it is extended by written mutual ainreement between the parties, provided that the panes retain the right to terminate this Agreement as provided in Exhibit D to the original contract 2. .Amended Scope of Work Terms. The Scope of Work terns included in Exhibit A to the Original Agreement are hereby replaced in their entirety with the Scope of Work terns attached as Exhibit A-1 to this amendment. 3. Amended Payment Terms. The Payment Teens included in Exhibit B to the Original Agreement are hereby replaced in their entirety with the Payment Terms attached as Exhibit B-1 to this Amendment. -Continued Next Paue - Page I of 2 113 1 IN WITNESS WHEREOF, the parties hereto haN.e executed this Amendment City of Saratoga: Contractor: By: C� /- Z 7-z Bf. Dave Anderson. Date Tames Wauner Date City Mana��er Vice President Enuineering Republic ITS Attest: /- ,Z 7- ,ZOG9 Ann Sullivan, City Clerk Date .Approved as to Form- Richard S. Taylor, City Attorney Date Approved as to budget authority I •Le-o� Mary Arey Administrative Services Director Date Attachments: Exhibit A-1 Exhibit B-I Pau,e 2 of'_' 114 E\1-IIBIT A-I SCOPE OF WORK 1. Contractor a�,rees.to furnish all labor. material and equipment to perform all work necessary to maintain traffic signal facilities within the jurisdiction of' City, all in accordance with the terms herein Contractor is to do all such work and provide such material, as an independent contractor. subject to inspection and approval by the Director of Public Works or the Director's authorized a(�,ent. 2. Contractor a�zrees to the following_ routine maintenance: LiST OF INTERSECTIONS Contractor will maintain the following traffic signals as described in the remainder of this section 2- Prospect Rd /Miller Ave. • Quito Rd /Allendale Ave. • Quito Rd. /Pollard Ave. • Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelh Ct. • Saratoga-Sunnyvale Rd. /Herriman Ave • Saratoga-Surmyvale Rd. /Blauer Dr. • Saratoga-Sunnyvale Rd. /Pierce Rd. • Saratoga-Sunnyvale Rd. /Cox Ave. /Wardell Rd. • Saratoga-Sunnyvale Rd. / Seagull Ave. • Saratoga Ave. /Cox Ave. • Saratoga Ave. /Vineyard Ln /Bell;-_rove Cir. • Saratoga Ave. /Dagmar Dr • Saratoga Ave. /Scotland Dr. • Saratoga Ave /Fruitvale Ave. • Fruitvale Ave. /Allendale Ave REPUBLIC ITS SHALL PERFORM THE FOLLOWING TASKS CONSISTENT \ 'iTH THE NEEDS OF THE CITY OF SAR.ATOGA: '1ONTHL1' ROUTINE MAINTENANCE • Check the time setting, coordination plans and match with time sheet on electromechanical and solid state controllers • Visually inspect controller and cabinet for proper operation. • Visually inspect all \,ehicular and pedestrian signals for proper operation and replace outages found • Visually inspect and realign signals as required • Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outages found All LED units will be reimbursed by SAR.ATOGA Labor and equipment for installation of LED units are included • Check load switches. Exhibit A-1 Pae.e 1 of 4 115 a • Check relays. • Visually check for bent visors and back plates. • Reset telephone modems. • Check for broken or missing, emergency vehicle detectors • Visually inspect the battery backup system (BBS) • Turn offUtility power and ensure system effectively switches to the BBS. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to SARATOGA by intersection. 3 - MONTH ROUTINE IINIA1NTENANCE (In addition to monthly) • Check and actuate each pedestrian push button for proper operation • Visually inspect roadway along loop detectors for possible exposed wires; cracks and pot holes. • Check detector amplifiers and tune if needed • Manually record inspection date and time in controller cabinet and send written confirmation of 3-month inspection with recommendations to SARATOGA by intersection. 6 - MONTH ROUTINE t1-LAINTENANCE (In addition to monthly and 3- 111011th • Check controller cabinet filter. • Check ground rod clamp and wire • Check wire schematics and records to make sure they are in the cabinet. • Check operation of the fan. • Check operation of ground fault receptacle • Measure voltage at service inputs in cabinet and record. • Visually check for wear and function on electromechanical components. • Check BBS battery voltage/amp output. Make recommendations for battery replacement when necessary • Test BBS charging system. • Test batteries and record results • Report results regarding measurement level to client • Manually record inspection date and time in controller cabinet and send written confirmation of 6-month inspection with recommendations to SARATOGA by intersection. YEARLY ROUTINE N-IAi\'TENANCE (In addition to monthly. 3 and 6- month • Vacuum and clean controller cabinet and contents • Replace cabinet filter. • Check v,eatherproof gasket seal on controller cabinets • Visually check rnte�,nty of splices on all pullbo\es • Check for water accumulation and duct sealant. • Lubricate hmges and lock on controller cabinets. Exhibit A-i Page ? of 4 116 • Check indicator lamps • Check all connectors • Check detector extensions • Clean BBS. • Check all BBS connections and clean tenninals. • Add anti-corrosion compound to the battery terminals • Record BBS results and provide report to client. • Read electronic error history of Conflict Monitor or Malfunction Management Unit and record results if any. • Test Conflict Monitor or Malfunction Manauement Unit. • Test Emergency vehicle Pre-emption system by driving all approaches and testin�, with strobe. • Manually record inspection date and time in controller cabinet and send written coilfirnlation of yearly inspection with recommendations to SARATOGA by intersection. 3 In addition to the foregoing routine maintenance Contractor agrees to perform unscheduled work m response to normal traffic signal and illuminated street name sign lamp outage calls during regular business hours 4. Contractor will perform an initial inspection of all intersections and provide written recommendations of all repairs required. Said repairs shall be performed on a time and material basis at the rates specified in Exhibit B, section I. 5 In performing the work above, Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during Contractor's normal business hours and an answering service for- the receiving of notification of inoperative Traffic Signals requiring emergency repairs or service at all times (7days per week) other than Contractor's normal business hours, whether such notification originates with City or of a party or person other than City 6 in performing the work above, Contractor agrees to have service personnel available 24 hours per day to respond to traffic signal and controller trouble calls. Response time will be within one hour during regular business hours and after regular business hours and weekends. In the e\-ent of multiple calls. each will be sei-viced on a priority basis. City will provide Contractor with a priority list. This priority list will constitute authorization From City to Contractor to leave an intersection of a non-priority status to respond to a priority intersection 7. In performing the work above Contractor agrees to provide response sei-vice 24 hours per day for repair- of' the equipment and appurtenances, such as safety lighting, street name signs, street lighting. pedestrian and traffic signals, controllers, flashin`,. beacons and detector de\-ices which Contractor may be called upon from time to time by City to repaii. replace or refurbish However. it is understood that any materials requiring replacement in excess of Two Thousand Fire Hundred Dollars (S2500 00) will not be installed without prior written approval from City. Exhibit A-1 Paze 3 of 4 117 8 In perfonning the work above Contractor shall respond and make corrective action to all service requests within one hour on weekdays (reuular hours. lam to 4pm). and two hours on nights (4pm to 7am). weekends. and holidays No navel ume charges shall be incurred during normal regular hours Service requests during non-regular hours are subject to a two hour minimum charges. E\hlblt A-1 Paue 4 of 4 118 EXHIBIT B-1 P.AYNIEN'r TERAS I TOTAL CO.MPEISATIO\. For furnishing_ laboi, materials and equipment pursuant to Paragraph 2 in Exhibit A-1 (routine maintenance), Contractor shall receive from the City the sum of i\inety-Five Dollars (S95 00) per month for each si`_nalized intersection listed in that paragraph. For furnishing labor, materials and equipment pursuant to Paragraphs 3 and 4 in Exhibit A-I [unscheduled work] Contractor shall receive the invoice cost of materials plus 20% and the labor rates set forth below. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum which City shall pay in the fiscal year 2008-2009 for the routine maintenance Nvork product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed 520,000.00. The total sum which City shall pay the in fiscal year 2008-2009 for the unscheduled work work product to be provided by Contractor pursuant to this Agreement (includino reimbursable expenses) shall not exceed 525.000.00. The total compensation for the Fiscal Year 2009-2010 will be determined as per the City of Saratoga's adopted budget for Fiscal Year 2009-2010 Labor Hourly Rate Scheditle Electrician Foreman S96.85 Labor/Electrician S88.00 Labor/Electrician (Overtime) S155.00 Equipment Hourb, Rata Schedule Bucket Truck S22 00 Mobile Crane S65.00 Compressor S 18.00 Arrow-board S 15 00 Eit;inceriu; Fee Schedule Principal Engineer S 195 00 per hour Senior Enuineer S 175 OO per hour Associate En;ineer S 150 00 per hour Staff Engineer S 125 00 per hour Senior Engineering_ -\ssistant S 1 1 5.00 per hour Exhibit B-1 Page 1 of 2 119 Enulneermg Assistant S10_5 00 per hour CAD Operator S75 00 per hour Clerical S75 00 per hour Reproductions Cost plus 15% Audible Pedestrian Sienal Installation When directed by the City. Republic will install audible signals at the cost of 54.000.00 per intersection (or S500 00 ea), and vibro-tactile signals at the cost of Sl 1.000 per intersection. Cost assumes existing traffic signal infrastructure is compatible and is in working order with proposed audible or vibro-tactile signals. Costs include audible signal or vibro-tactile material, equipment, and labor; excludes installation of new conductors if required. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the tern of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information. a Serial identifications of bills. i.e.. Bill No. 1, b. The beginning and endin- dates of the billing period; C. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. �IOiYTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4 REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor- except as specified in Exhibit A to this .Agreement. Exhibit B-I Page ' of'2 120 SARATOGA CITY COUNCIL 7, 0,. MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Mainini Cabute DIRECTOR: John Cherbone SUBJECT: Approving Application for Metropolitan Transportation Commission (MTC) Grant Program—Active Transportation Program (ATP) RECOMMENDED ACTION: Approve resolution supporting the MTC ATP Grant Application. REPORT SUMMARY: The Highway 9 Safety Improvement Project is a multi jurisdiction effort to improve bicycle and pedestrian safety along this busy route. The project area consists of approximately 4.4-mile long stretch of Highway 9 from Big Basin Way in Saratoga, through Monte Sereno to Los Gatos Boulevard in Los Gatos. Numerous accidents in recent years stressed the need for safety improvements. It was in the public interest that Saratoga, Los Gatos, and Monte Sereno work together towards project completion. Staff from the three municipalities collaborated to develop a safety Master Plan. An ad hoc committee comprised of two Council Members from each jurisdiction was also formed to review the Master Plan and receive input from the public during numerous public meetings. In parallel, the three jurisdictions have been working on securing funding sources to construct this multi-million dollar project. Due to the overall project size and cost, a phased approach was established. Phase 1 and Phase 3 of the project are complete. Staff is currently applying for$1,800,000 in ATP funds to complete a section of Phase 2 and Phase 4. The Active Transportation Program(ATP)is a new grant program that encourages bicycling and walking, especially for children traveling to school and for residents of disadvantaged communities. ATP gives grants for projects that address ATP's goals,which are stated below. $360 million will be awarded competitively as grants to communities for Safe Routes to School,walking, and bicycling projects and program in 2014. Page 1 of 2 121 Active Transportation Program Goals • Increase biking and walking as a means of transportation • Increase safety and travel options for people who aren't traveling by vehicle • Reduce vehicle use and green-house gas emissions, especially in large urban regions • Enhance public health,with a special focus on reducing childhood obesity through Safe Routes to School projects and programs • Ensure that disadvantaged communities fully benefit from the program Per the ATP Guidelines,matching fund amount of 11.47 percent is required for infrastructure projects. This amount totals $206,460. A resolution stating local support for the grant application is required as part of the application. Staff recommends that the City Council approve the attached resolution. FISCAL IMPACTS: A local match amount of$206,460 is required as part of this grant. The matching funds contribution will be divided between the Cities of Saratoga and Monte Sereno, and the County of Saratoga since Phase 2 and Phase 4 of the Highway 9 Pedestrian Safety Project area will involve these cities. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The grant application will not be complete and the City will not be considered for receiving the Active Transportation Program grant. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Resolution will be included in the grant application. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution. Page 2 of 2 122 Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE CITY OF SARATOGA TO APPLY FOR GRANT FUNDS ASSIGNED TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, the CITY OF SARATOGA is submitting an application to the Metropolitan Transportation Commission(MTC) for$1,800,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration(FHWA) and federal or state funding administered by the California Transportation Commission(CTC) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement(CMAQ) funding, Transportation Alternatives (TA)/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program(RTIP) funding(herein collectively referred to as REGIONAL DISCRETIONARY FUNDING for the Highway 9 Pedestrian Safety Improvement Project for the Active Transportation Program funding; and WHEREAS, the Moving Ahead for Progress in the 21St Century Act (Public Law 112- 141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program(STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program(CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency(RTPA); and WHEREAS,pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS,MTC has adopted a Regional Project Funding Delivery Policy(MTC Resolution No. 3606, revised)that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, the CITY OF SARATOGA is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: • the commitment of any required matching funds; and • that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is 123 fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the Highway 9 Pedestrian Safety Improvement Project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy(MTC Resolution No. 3606, revised); and • the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program(TIP); and • that the CITY OF SARATOGA will have adequate staffing resources to deliver and complete the Highway 9 Pedestrian Safety Improvement Project within the schedule submitted with the project application; and • that the Highway 9 Pedestrian Safety Improvement Project will comply with all project-specific requirements as set forth in the PROGRAM; and • that the CITY OF SARATOGA has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency(CMA), MTC, Caltrans. FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by CITY OF SARATOGA; and • in the case of a transit project, the Highway 9 Pedestrian Safety Improvement Project will comply with MTC Resolution No. 3866, revised,which sets forth the requirements of MTC's Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the Highway 9 Pedestrian Safety Improvement Project will comply with MTC Resolution No. 4104, which sets forth MTC's Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires Highway 9 Pedestrian Safety Improvement Project be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC's funding agreement with the countywide transportation agency; and WHEREAS, that the CITY OF SARATOGA is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the Highway 9 Pedestrian Safety Improvement Project; and WHEREAS, there is no legal impediment to the CITY OF SARATOGA making applications for the funds; and WHEREAS,there is no pending or threatened litigation that might in any way adversely affect the proposed Highway 9 Pedestrian Safety Improvement Project or the ability of CITY OF SARATOGA to deliver such a project; and WHEREAS, the CITY OF SARATOGA authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the Highway 9 Pedestrian Safety Improvement Project as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. 124 NOW, THEREFORE, BE IT RESOLVED that the CITY OF SARATOGA is hereby authorized to execute and file an application for funding for the Highway 9 Pedestrian Safety Improvement Project for REGIONAL DISCRETIONARY FUNDING under MAP-21 or continued funding; and be it further RESOLVED that the CITY OF SARATOGA will provide any required matching funds; and be it further RESOLVED that the CITY OF SARATOGA understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the CITY OF SARATOGA from other funds, and that the CITY OF SARATOGA does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that the CITY OF SARATOGA understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy(MTC Resolution No. 3606, revised) and the CITY OF SARATOGA has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency(CMA), MTC, Caltrans. FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by the CITY OF SARATOGA; and be it further RESOLVED that Highway 9 Pedestrian Safety Improvement Project will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that the CITY OF SARATOGA has reviewed the Highway 9 Pedestrian Safety Improvement Project and has adequate staffing resources to deliver and complete the project within the schedule submitted with the project application; and be it further RESOLVED that Highway 9 Pedestrian Safety Improvement Project will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, the CITY OF SARATOGA agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further RESOLVED that, in the case of a highway project, the CITY OF SARATOGA agrees to comply with the requirements of MTC's Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further RESOLVED that, in the case of an RTIP project, Highway 9 Pedestrian Safety Improvement Project is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC's funding agreement with the countywide transportation agency; and be it further RESOLVED that the CITY OF SARATOGA is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED that the CITY OF SARATOGA is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the Highway 9 Pedestrian Safety Improvement Project; and be it further 125 RESOLVED that there is no legal impediment to the CITY OF SARATOGA making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed Highway 9 Pedestrian Safety Improvement Project, or the ability of the CITY OF SARATOGA to deliver such Highway 9 Pedestrian Safety Improvement Project; and be it further RESOLVED that the CITY OF SARATOGA authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the Highway 9 Pedestrian Safety Improvement Project as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the Highway 9 Pedestrian Safety Improvement Project described in the resolution, and if approved, to include the Highway 9 Pedestrian Safety Improvement Project in MTC's federal TIP upon submittal by the project sponsor for TIP programming. The CITY OF SARATOGA adopted this resolution on June 18, 2014. AYES: NAYS: ABSENT: ABSTAIN: Emily Lo, Mayor Attest Crystal Bothelio, City Clerk City of Saratoga 126 SARATOGA CITY COUNCIL MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation(Brush) RECOMMENDED ACTION: 1. Open public hearing, listen to public testimony, and close public hearing; and 2. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). BACKGROUND: As part of the Santa Clara County Fire Department's fire prevention efforts, the County Fire Department manages and implements a hazardous brush abatement program for hillside areas within its jurisdictional boundaries. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. Through the brush abatement program, inspections of hillside properties are conducted beginning in early April of every year. Properties owners have been noticed by mail by the Santa Clara County Fire Department if their properties are not in compliance with brush abatement requirements. If compliance is still not achieved by the end of June, a contractor will perform the necessary work. The cost associated with the abatement work is then placed on the property tax bill for that parcel. This public hearing provides property owners with the opportunity raise objections to potential charges before the Council. To proceed with the annual brush abatement process, the attached resolution overruling objections and ordering hazardous vegetation abatement must be adopted. If the resolution is not adopted, the Fire Department will be unable to have abatement work performed by a contractor on properties that are not in compliance with vegetation clearance requirements in the Uniform Fire Code. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga as a result of the brush abatement program. Costs associated with the program are charged to property owners. Page 1 of 2 127 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The brush abatement process will not proceed. 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. A notice of the public hearing was published in the Saratoga News on June 6, 2014 as required by law. ATTACHMENTS: Attachment A:Resolution Attachment B: 2014 Brush Abatement Program Commencement Report Attachment C: Public Hearing Notification to Public Attachment D: Sample Letter Santa Clara County Fire Department to Property Owners on Commencement Report Page 2 of 2 128 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION(BRUSH)AS A PUBLIC NUISANCE WHEREAS,hazardous vegetation(brush)is declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which the hazardous vegetation is removed if the owners fail to do so; and WHEREAS,the Santa Clara County Fire Marshall has given notice to all property owners found to be in non-compliance with brush abatement standards; and WHEREAS,pursuant to said resolution and notice,the Saratoga City Council conducted a public hearing on June 18,2014 at which time all property owners may present objections to the proposed destruction or removal of hazardous vegetation on their properties; and NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Saratoga declares hazardous vegetation(brush)as a nuisance to be abated by the Office of the Agricultural Commissioner and the cost of removal to be recovered through a lien upon private properties from which hazardous vegetation is removed if owners of said properties fail to do so, and a public hearing on June 18,2014 was held to hear objections to the proposed destruction or removal of hazardous vegetation(brush)and give due consideration to any objections raised during the public hearing. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga does hereby order the abatement of hazardous vegetation(brush)by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which hazardous vegetation(brush)is removed if the owners thereof fail to do so. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of June 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 129 2014 BRUSH PARCELS A.30 ft/100 ft Defensible Space B.Clear shrubs/trees of dead leaves&branches C.Remove pine needles&leaves from roofs etc. APN TRA Situs D.Trim tree limbs 10 ft from chimneys E. Cover chimney with spark arrester. Owner Name Owner Address F. Post address with 4"high numbers 503-17-008 15 A 21045 COMER DR STG STG 100 GAUDREAU DANIEL AND NASRIN 19272 CRISP AVE SARATOGA 503-31-090 15 A,B,D 13888 DAMON LN STG STG 100 SWARTZ JACK S AND MARTHA J 13888 DAMON LN SARATOGA 503-19-034 15 A,B. 20701 LEONARD RD STG STG 30 TUAN SHERMAN AND ZHENG YUN 20706 KIRWIN LN CUPERTINO 503-55-044 15 A,B,C 21328 LUMBERTOWN LN STG STG 100 ARELLANO ANGEL ET AL 21328 LUMBERTOWN LN SARATOGA 366-21-010 15 A,B 21284 MARIA LN STG STG 100 MCCURDY DUDLEY P AND JANE S 21284 MARIA LN SARATOGA 503-72-008 15 A,B 14760 MASSON CT STG STG 100 LIU VINCENT L AND YI-MEI CHEN 14760 MASSON CT SARATOGA 503-17-021 15 C 21680 WARDELL RD STG STG 100 TORRE JAMES V P.O.BOX 455 SARATOGA 130 NOTICE OF PUBLIC HEARING BEFORE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga State of California has set WEDNESDAY, THE 18TH DAY OF JUNE 2014 AT 7:00 P.M. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the set time and place for public hearing on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARAOGA ORDERING THE ABATEMENT OF PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH) All interested persons may appear and be heard at the above time and place. If you challenge this item in court, you may be limited to raising only issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed to the City Clerk, (408) 868-1269. /s/Crystal Bothelio, City Clerk PUB: 6/6/2014 Saratoga News 131 FIRE DEPARTMENT FIV SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 3(408) 378-4010 -(408) 378-9342 (fax) -www.sccfd.org February 13,2014 t-noLKo -n e...¢.. Dear Property Owner: Regrettably,this years fire season has started earlier than it has in the past. In just the first three weeks of January, we have had a significant increase in wildfires in our area. Due to the extreme dry conditions and lack of rain we find ourselves having to prepare our homes for wildfire several months earlier than normal. You must be diligent when it comes to protecting your home from wildfires. Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area (WUI), and preparations for your home need to occur over the next few months. This information is being sent to all homeowners in the WUI area in an effort to improve the chances of your home surviving a wildfire. Included with this letter please find a separate postcard, which is to be completed and returned. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a wildfire. This is accomplished by removing the flammable native brush, native vegetation and dry grass a distance of at least 30 feet from all structures. For sloped areas that exceed 20% on the downhill side of your home,up to 100 feet of defensible space should be provided. The Santa Clara County Fire Chiefs Association has developed the following list of both required and recommended preventative measures. When completed your property will be in compliance with the applicable regulations, which will greatly reduce the risk of loss or damage to your home in the event of a wildfire. Enforced Safety Regulations (Items A-F) A. Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet around structures. B. Clear ornamental shrubs and trees of dead leaves and branches. C. Remove all pine needles and leaves from roofs,eaves and rain gutters. D. Trim tree limbs 10 feet from chimneys or stovepipes and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. Post a clearly visible house address, using at least 4" high numbers,for easy identification. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills,Los Gatos,Plr,nte Sereno, and Saratoga 1 Additional Safety Recommendations • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath it. • Stack woodpiles a minimum of 30 feet from buildings,fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire-resistive materials. • If you have any trees near power lines please contact PG&E at 1-800-PGE-5000 for a free inspection. State law requires vegetation clearance from electrical lines. For more information please visit www.PGE.com. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low-income seniors and disabled homeowners. For more information visit www.sccfiresafe.ore. For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire-retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire-retardant vegetation. Please complete and return the enclosed postcard on or before April 1,2014. Beginning the first week of April, County Fire personnel will conduct inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 378-4010 prior to April 1, 2014. If you choose this option,the charges for this work will appear on your next property tax bill. Please note: Follow-up inspections will be conducted on or after June 1, 2014 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A,B, C and D of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Saratoga and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or if you have questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire-safe community. Sincerely, Kenneth R. Kehmna Fire Chief 133 FIRE DEPARTMENT , FIRE SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 •(408) 378-9342 (fax)•www.sccfd.org February 13,2014 ��� � 'lam c1 e_a.rcL,m'g-t, Dear Property Owner: Regrettably,this years fire season has started earlier than it has in the past. In just the first three weeks of January, we have had a significant increase in wildfires in our area. Due to the extreme dry conditions and lack of rain we find ourselves having to prepare our homes for wildfire several months earlier than normal. You must be diligent when it comes to protecting your home from wildfires. Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area (WUI), and preparations for your home need to occur over the next few months. This information is being sent to all homeowners in the WUI area in an effort to improve the chances of your home surviving a wildfire. Included with this letter please find a separate postcard, which is to be completed and returned. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a wildfire. This is accomplished by removing the flammable native brush, native vegetation, and dry grass adjacent to structures. Your property identified above is located in the Very High Fire Hazard Severity Zone (VHFHSZ) of the Wildland-Urban Interface Area as determined by CAL FIRE. State law now requires a Defensible Space of 100 feet around homes and all accessory structures in the VHFHSZ Area. The Santa Clara County Fire Chiefs Association has developed the following list of both required and recommended preventative measures. When completed your property will be in compliance with the applicable regulations, which will greatly reduce the risk of loss or damage to your home in the event of a wildfire. If you would like more information about creating 100 feet of defensible space, please contact us at (408) 378-4010 or go to www.f'ire.caov Enforced Safety Regulations (Items A-F) A. Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation 30 feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line. B. Clear ornamental shrubs and trees of dead leaves and branches. C. Remove all pine needles and leaves from roofs, eaves and rain gutters. D. Trim tree limbs 10 feet from chimneys or stovepipes and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. Post a clearly visible house address, using at least 4" high numbers,for easy identification. Organized as the Santa Clara Counly Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino,Los Altos, Los Altos Hills,Los Gatos, Monte Sereno, and Saratoga 34 Additional Safety Recommendations • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath it. • Stack woodpiles a minimum of 30 feet from buildings,fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire-resistive materials. • If you have any trees near power lines, please contact PG&E at 1-800-PGE-5000 for a free inspection. State law requires vegetation clearance from electrical lines. For more information please visit www.PGE.com. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low-income seniors and disabled homeowners. For more information visit www.sccfiresafe.org. For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire-retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire-retardant vegetation. Please complete and return the enclosed postcard on or before April 1,2014. Beginning the first week of April, County Fire personnel will conduct inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 378-4010 prior to April 1, 2014. If you choose this option,the charges for this work will appear on your next property tax bill. Please note: Follow-up inspections will be conducted on or after June 1, 2014 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A, B, C and D of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Saratoga and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or if you have questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire-safe community. Sincerely, Kenneth R. Kehmna Fire Chief 135 C LARA 00Cr FIRE DEPARTMENT . COO SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 cQUR,€B";SERVICE (408) 378-4010 •(408) 378-9342 (fax) •www.sccfd.org February 13,2014 Dear Property Owner: Regrettably, this years fire season has started earlier than it has in the past. In just the first three weeks of January, we have had a significant increase in wildfires in our area. Due to the extreme dry conditions and lack of rain we find ourselves having to prepare our homes for wildfire several months earlier than normal. You must be diligent when it comes to protecting your home from wildfires. Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area (WUI), and preparations for your home need to occur over the next few months. This information is being sent to all homeowners in the WUI area in an effort to improve the chances of your home surviving a wildfire. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a wildfire. This is accomplished by removing flammable brush and dry grasses a distance of at least 30 feet from all structures. For sloped areas that exceed 20% on the downhill side of your home, up to 100 feet of defensible space should be provided. The Santa Clara County Fire Chiefs Association has developed the following list of both required and recommended preventative measures. When completed your property will be in compliance with the applicable regulations, which will greatly reduce the risk of loss or damage to your home in the event of a wildfire. Required Safety Regulations (Items A-F) A. Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation and thin shrubs a minimum of 30 feet around structures. B. Clear ornamental shrubs and trees of dead leaves and branches. C. Remove all pine needles and leaves from roofs, eaves and rain gutters. D. Trim tree limbs 10-feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. Post a clearly visible house address, using at least 4" high numbers,for easy identification. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills,Los Gatos,Monte Sereno,and Saratoga Additional Safety Recommendations • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath it. • Stack woodpiles a minimum of 30 feet from buildings, fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire-resistive materials. • If you have any trees near power lines please contact PG&E at 1-800-PGE-5000 for a free inspection. State law requires vegetation clearance from electrical lines. For more information please visit www.PGE.com. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners,including special programs for qualified low-income seniors and disabled homeowners. For more information visit www.scefiresafe.o For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire- retardant variety. If there is a possibility that erosion may occur, any flammable vegetation such as Scotch Broom, Juniper and Manzanita that is removed should be replaced with fire-retardant vegetation. If you would like to schedule a courtesy inspection with one of our inspectors or if you have questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire-safe community. Sincerely, Kenneth R. Kehmna Fire Chief 137 t. FIRE DEPARTMENT . � SANTA CLARA COUNTY F1 E 14700 Winchester Blvd., Los Gatos, CA 95032-1818 COu aydSERME (408) 378-4010 •(408) 378-9342 (fax) •www.sccfd.org February 13,2014 C X14 IC0Gl - Dear Property Owner: Regrettably, this years fire season has started earlier than it has in the past. In just the first three weeks of January, we have had a significant increase in wildfires in our area, Due to the extreme dry conditions and lack of rain we find ourselves having to prepare our homes for wildfire several months earlier than normal. You must be diligent when it comes to protecting your home from wildfires, Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area (WUI), and preparations for your home need to occur over the next few months. This information is being sent to all homeowners in the WUI area in an effort to improve the chances of your home surviving a wildfire. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a wildfire. This is accomplished by removing flammable brush and dry grasses adjacent to structures. Your property identified above is located in the Very High Fire Hazard Severity Zone (VHFHSZ) of the Wildland-Urban Interface Area as determined by CAL FIRE. State law now requires a Defensible Space of 100 feet around homes and any accessory structures in the VHFHSZ Area. The Santa Clara County Fire Chiefs Association has developed the following list of both required and recommended preventative measures, When completed your property will be in compliance with the applicable regulations,which will greatly reduce the risk of loss or damage to your home in the event of a wildfire. If you would like more information about creating 100 feet of defensible space, please contact us at (408) 378-4010 or go to www.fire,ca.gw Required Safety Regulations (Items A-F) A. Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation and thin shrubs 30 feet around structures, Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line. B. Clear ornamental shrubs and trees of dead leaves and branches, C. Remove all pine needles and leaves from roofs,eaves and rain gutters. D. Trim tree limbs 10 feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester, F. Post a clearly visible house address,using at least 4" high numbers,for easy identification. Organized as the Santa Clara County Central Fire Protection District Seruing Santa Clara County and the communities of Campbell, Cupertino,Los Altos, Los Altos Hills,Los Gatos,Monte Sereno, and Saratoga 138 — Additional Safety Recommendations Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath it. • Stack woodpiles a minimum of 30 feet from buildings,fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire-resistive materials. • If you have any trees near power lines please contact PG&E at 1-800-PGE-5000 for a free inspection. State law requires vegetation clearance from electrical lines. For more information please visit www.PG—Exom. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low-income seniors and disabled homeowners. For more information visit www.sccfiresafe. r- For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire-retardant variety. If there is a possibility that erosion may occur, any flammable vegetation such as Scotch Broom,Juniper and Manzanita that is removed should be replaced with fire-retardant vegetation. If you would like to schedule a courtesy inspection with one of our inspectors or if you have questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire-safe community. Sincerely, Kenneth R. Kehmna Fire Chief 139 r PLACE STAMP HERE ATTN: FIRE PREVENTION SANTA CLARA COUNTY FIRE DEPARTMENT 14700 WINCHESTER BLVD. LOS GATOS CA 95032-1818 140 IN REPLY TO THE LETTER I RECEIVED CONCERNING CLEARING HAZARDOUS VEGETATION FROM THE STRUCTURE ON THE IDENTIFIED PROPERTY. PLEASE BE ADVISED: ❑ I have checked my property for vegetation clearance and believe that it is in conformance with the Fire Code regulations. I understand that an inspection of my property may be conducted for verification of compliance. ❑ I am no longer owner of the property described by the assessment number given. ❑ There are no structures on this property. ❑ I will remove the hazardous brush and/or vegetation from around the structure on the identified property in accordance with the Fire Code regulations no later than 01 June 2014. 1 understand that if I have not done so by that time, the authorized contractor may enter the property and abate the hazardous brush and vegetation, and that all charges for such work will be placed as a special assessment against the property. ❑ I desire the authorized contractor to enter the subject property and perform the hazardous brush and vegetation abatement work necessary to conform to the Fire Code regulations. I understand that charges for such work will be placed as a special assessment against the property. ❑ I am uncertain as to what abatement work is necessary. I would like an inspection from Santa Clara County Fire Department personnel advising me what work is needed to comply with Fire Code regulations. Signature: _ Date: Day Phone: 141 011,AR,4 C' Assessor Parcel Number_ Q Date of Inspection ?', Name FIRECheck one: ❑ Owner ❑ Tenant ❑ Property Manager Telephone—Home Other COURTESY k SERVICE Site Address 408.378.4010 or 1.800.800.1793 City, State & Zip Code Wildland-Urban Interface Fire Area Checklist r 10' U11 L r S,. .A E. D. rte i �} -•-- �.= - , �' '�— ���` 950� IM �l r A. !}r ty4 rtrit;rt ,frylfJ l ! f I I 01 �A1ti { � A;a rMP ENFORCED SAFETY REGULATIONS The Santa Clara County Fire Department has developed the following list of preventative measures that—when completed—will bring your property in compliance with the applicable regulations and will greatly reduce the risk of loss or damage to your home in the event of a wildland fire. To help ensure that your property meets these regulations, please complete the requirements checked below. A. ❑ Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures (see above). ❑ Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line (see backside). B. ❑ Clear ornamental shrubs and trees of dead leaves and branches. C. ❑ Remove all pine needles and leaves from roofs, eaves and rain gutters. D. ❑ Trim tree limbs 10-feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. ❑ Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. ❑ Post a clearly visible house address, using at least 4" high numbers, for easy identification. Comments or Suggestions Re-inspection Date & Time Fire Department Signature White-Fire Prevention 142 Yellow-Resident Formd94 Rev03/11 tS�'1I�RA C,0 FIRE DEPARTMENT —- FIRE %A SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 `OUATESY°sE`° (408) 378-4010 •(408) 378-9342 (fax)•www.sccfd.org Dear property owner, Your property, which is located in the Wildland-Urban Interface Fire Area, was recently inspected by the Santa Clara County Fire Department. At that time your property was found to be non- compliant with Wildland Safety Regulations. Enclosed is a copy of the notice that was left at the residence and indicates the corrections that are necessary. Please note that a public hearing will be held during the City of Saratoga council meeting on June 18, 2014 at 7:00 PM. At that time, all properties identified by the Fire Department as being non-compliant with Wildland Safety Regulations will be declared to have hazardous conditions requiring abatement. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work. If your property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be done and no charges will be imposed. If you are interested in having the County of Santa Clara do any brush or weed removal or wish to have an inspection for a cost estimate, please contact the Hazardous Vegetation Department at (408) 282-3145. For your convenience, a price list indicating the rates for the County Contractor is included with this notice. If you should have any questions about the information on this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at (408) 378-4010. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell,Cupertino,Los Altos, Los Altos Hills, Los Gatos,Monte Sereno,and Saratoga SARATOGA WEED ABATEMENT PROGRAM SCHEDULE 2014 COUNTY WEED ABATEMENT FEES Please be advised that the property owner of any parcel found to be non-compliant on or after the June 1st deadline will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement,you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of$169.00 per parcel. 2014 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST A) Disc Work* PARCEL SIZE: V Disc + 2od Disc =Total Discs 0-12,500 sq.ft. $188.49 $126.36 $314.85 12,501sq.ft.- 43,560sq.ft. $219.02 $157.97 $376.99 Larger than 1 Acre $93.72 $83.19. $176.91 (PER ACRE) ** It is required that parcels be disced twice a year.The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $3.05 PER 100 sqft C) FLAIL 6 Foot Mower $2.11 PER 1000 sqft MOWING 12 Foot Mower$2.11 PER 1000 sgft D) LOADER WORK $102.67 PER HOUR E) DUMP TRUCK $94.77 PER HOUR F) BRUSH WORK $3.05 PER 100 soft G) DEBRIS REMOVAL $36.10 PER HOUR H) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. 144 Santa Clara County FireSafe Council „ '>♦ 2014 Defensible Space Chipping Programs Same i lire l niva�i Fh)e Phone: (408) 975-9591, Fax: (408) 624-9316 c o U N L,I Email: DSChip@SCCFircSafe.org The Santa Clara County FireSai'e Council (SCFSC) has agreements, contributions js and federal grants for: •, 1. Defensible Space Chipping Programs for eligible residents, and 2. Special Needs Assistance Program for qualified seniors or others with physical and Financial limitations which prevent them from preparing for chipping. The eligible Communities at Risk from wildfires are East Foothills, Gilroy, Lexington Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Martin, Saratoga, San Jose, and adjacent fire prone Wildland Urban Interface areas in Santa Clara County. Defensible Space Chipping Program Special Needs Assistance Program SCFSC will chip brush that has been cleared 100' from SCFSC will provide nefensible Shacc cleanup and permanent structures and/or 30' from roadsides or chipping for Santa Clara County residents who are driveways used for evacuation purposes. physically unable to clear their property, have no Chipping Program Brush Pile Requirements: other person to assist in the clearance and cannot • Chipping can only be done along a road or driveway afford to hire a contractor to do the work. I with sufficient access curd space for a track and SNAP Program Requirements: dripper to turn around. Contact its i f questions. • Over 6.5 years old, or • Piles must be within S.feet of a road or driveway:.. . • Phvsically Disabled(verified by receiving . Piles artist be on the uphill side of road or driveway. disability, handicap placards•for vehicles, etc.) . Piles must be free of roots, starry,, rocks, nand, • Financially unable to !tire a contractor and poison oak, blackberi:y and vines, under these lore income guidelines: • Piles mast be stacked bl,!rand rvitlr all cert ends o I person: $40,000/year ($3,333/month), or facing the sante direction torvar•d the access route. o 2 people: $50,000/year($4,167/1-nonth) Traclor/fi•ont loader•stocked piles can't be chipped. . Physically unable to create and maintain their • All mater is/chipper! will be hloyvn Back onto the Defensible Space on their own. property.* The chips can be used,for mulch. • SCFSC will work rvitlr the homeowner to . S(T-sc,carmot chip limber harvest dehris or determine the clearing that will be clone. The nr(rteriul•fi•orn orchards or• vacant lots. amount of work to be clone cannot exceed two . Scotch hroom,1`* leaves, pine needles, vard clippings dais of ivork for the clearing/chipping ereiv, ar clrcutiu�s wood ecru "r bc� chipped. Yourgrceen • All n►aterial chipped will be blorvrr back onto i wusle 1)r•o�rrarn may lac able to tah:e Ihese nxrtc�r ialr, the aro�erty.* The chips can be used for mulch. * Unless otherivise arranged with SCFSC and the contractor, **Scotch broom is OK until it seeds in tale spring. For questions or to apply for one of these programs: • More information and application fortes are on our Web site at www.SCCFireSafc.or (click on Fuel Reduction Programs) or E-mail DSChip(rr).SCCFireSafe.or, or call (408) 975-9591. • Funding for these programs is limited— please let us know if you are interested. - rain-• San Jose Santo ClomVolley '•,,,k StateFarm Pacific Gas and •����Water Woter Distrkt/� s'}' - Electric Company CompanyU • � 8 BUILDING AMERICA' .� SCMcClec1,1han faAbww � Aldercroft Heights County Water District, Lake Canyon Mutual Water Company, ' UnionBank Murphy Law Firm, Loma Prieta Community Foundation, Bear Creek Stables, Redwood Estates Services Association, Gillette Mutual Water Company, Chemeketa Park Mutual Water Company, North Aldercroft Association, °•r^° Las Cumbres Conservation Corporation, New Almaden Community Club, Individual Donors 12/31/13 For more on Deicnsible Space,see the:reverse and Living With lire in Santa Clara count•at www.SCCFireSafe,org. 145 100' BEFENSIBLE SPACE U*Y 100 Feet ? f — Following these simple steps can e dramatically increase the chance of _ your home surviving a wildfire! i A Defensible Space of 100 feel around your home is required by law.' The goal is to protect your home while providing a safe area for firefighters. t Green Zonqk�� —Clearing an area of 30 feel immediately surrounding your home is critical.This area requires the greatest reduction in flammable vegetation. V71 spaced to - reduce fire sprea Reduced r e - -The fuel reduction zone in the remaining f#u y Trees trimmed r at least 10' 70 feet(or l0 properly line)WIII depend on rf� loom chimneythe steepness of your property and the vegetation. Spacing between plants improves the chance " , ► 30' 70' of stopping a wildfire before it destroys your E-�—)- �� property dine) home. You have two options in this area: Ate, 0 Create horizontal and vertical spacing between plants. The amount of space will Cower tree limbs depend on how sleep the slope is and[he removedFt re I to reduce 5128 Of the plants. "Poadder" �•.. Fr..r.. ' O Large frees do not have to be cul and P moi~ removed as long as all of the plants Spate plants and slituhs beneath them are removed. This to prevent fire from spreading eliminates a vertical "fire ladder," When clearing vegetation,use care when operating equipment such as lawnmowers. One small spark may start a fire;a string K' trimmer is much safer, . n - Remove all build—up of needles and leaves from your roof and gutters. Keep tree limbs �— 30 ft. Reduced Pnkl zone trimmed at least 10 feel from any Chimneys 70% and remove dead limbs that hang over your home or garage. The law also requires a / screen over your chimney outlet of not more [hall%2 inch mesh, 1.These regplafions allccl most of the grass,Inrush.and limbof-covered privalu lands in Ire Sale Some life rleparimenl lunsuiclmns may Inve.wldilronel req(.1if,melds Some. ;Uivflfes may require perinds for free removal Alsosome aclivilies may require special procedures for 1)Ihrealened and endangered species 2)avoiding erosion.and 3)Inoludion of water quality. Check Willi local officials it in douhl. Cunenl �—30 ft. ■ - Haducud Fuel Zone — regulafions alloy an insurance company to require arddifional 70 ft. clearance. The area to be healed does Rol extend boymud your properly The Slale Board of Forestry and Fire Proludion has approved Guidelines In assist you in complying with fhe new IF fs ( 1 1 ay.Conlacl your local CAL FIRE office for more delails ty.r" Reprinted with permission Fire 4 OU 1+C:I 11 146 What is the Saratoga Area Public and private partners FireSafe Council? working together to make The Saratoga Area FSC is part of the our homes and communities Santa Clara County FireSafe Council, "Fire Safe" which is a 501(c)(3) non-profit organization composed of public and Organizations participating in private agencies,companies and the FireSafe Council include: individuals that share a common, • CAL FIRE L vested interest in preventing and • City of Saratoga reducing losses from wildfires. Midpeninsula Regional Saratoga Area Open Space District We provide free services to residents . Pacific Gas and Electric Company to help protect our communities. • Palo Alto fire Department Funding for our programs comes from . San Jose Fire Department C O U N C I L the City of Saratoga, federal grants . San Jose Water Company and contributions from organizations, . Santa Clara Count companies, and individuals, y Mobili7in�, the people of Department of Agriculture Saratoga and adjacent Santa Santa Clara County Clara County areas to protect Why does this area need a Fire Department � FireSafe Council? their homes, communities and • Santa Clara Valley Water District ernironmert from wilfrres Saratoga and the Surroundingarea Saratoga Fire District _ are near many large, populated, . USDI Bureau of Land Management r `: Wildland Urban Interface (WUI) . Volunteer Fire Departments 11 areas. These areas, which are in the • Neighborhood Associations foothills on the west side of the ii l Ilt]•, i� Santa Clara Valley, are at risk from Get involved in your wildfires. Wildland fires can cause FireSafe Council major loss of lives and structures. Visit N ww.SCCFireSalc.org t'or location www.SCCFireSafe.org and directions For our next meeting E-mail: info(a.SCCFireSafe.org Living Californiameans �, in f Homeowners,residents and learning to live with wildfires. representatives of all interested Phone: (408)975-9591 organizations are)Velcome! Fax: (408)624-9316 Srrsc 11201.1 147 Santa Clara cotinty 100' DEFENSIBLE SPACE Firesafe Council Programs Comnnntity Outreach an(] .., Education Programs Santa Clara County FSC participates Ill C0111nlllnity events and illeetings, inCluding Youth Education Programs, to promote our tree services and raise awareness. Hazardous Fuel Assessment and Strategy Projects Santa Clara County 1--'SC works with participating organizations and other _ sspace dto stakeholders to develop ConlnlLill ity »§ry -a+pduce[tresprea Wildfire Protection Plans(CWPP) which propose appropriate treatments Troertxhnmed to mitigate risks ofwildlire for fire ` at least la from chlm'hey 3 prone areas. _ Hazardous Fuel Reduction and Defensible Space Chipping Projects t Santa Clara County FSC provides free (t 30' t clearing and chipping services for �4 lorto property line) ' qual i["led homeowners to create and r *` maintain Defensible Space. We also work to complete high priority towertreellmbs w removed to reduce Conlnlunity projects identified in "WaAacider CWPPS. The Sonia('lora('o11n(r Fo-c'Sole Council empoirer.%individliaLc and(oaumorhie.e to 111AL, Spare plants arid shrubs 0111,homes rued neit;hhorhoo(A 1Fire StUi"." to prevent fire from spreading Compliance with City Code Article 15-50 regarding Tree Regulations Is required for all work In the City of Saratoga 148 [ Wildfire SAFETY .MESSAGE j In the first three weeks of January 2014, Lexington Hills saw Santa Clara County Fire and CAL Fire respond to five - wildfires — four from improper disposal of hot ashes/coals and one from an illicit campfire. Due to the extremely dry conditions and lack of rain, we find ourselves urging you to prepare your home for wildfires several months earlier than normal. Although fire weather experts forecast a wet weather pattern for February and March 2014, this will only temporarily reduce vegetation hazards that can fuel a wildfire. High fire danger is expected to continue throughout the year. Because of these current condtions, we highly recommend that you be diligent in protecting your home and family by creating and maintaining a defensible space on your property. When creating/maintaiping a defensible space, please be careful when using power tools as they can cause a wildfire. Power tools should be used early in the morning when temperatures are low and humidity is up. Care should also be taken when disposing of hot ash/coals which should be placed in a noncombustible container, with a tight fitting lid. BEFORE a Wildfire strikes... Prepare your Family • Make evacuation plans with family members. Plan several different escape routes from your home and neighborhood and designate an emergency meeting place for your family to reunite. Practice plan regularly. • Store all important papers in a fireproof safe or keep copies in a different location. • When wildfire threatens, you won't have time to search for needed supplies. Assemble a Disaster Supply Kit with items you may need if advised to evacuate. Store supplies in sturdy, easy-to-carry containers such as backpacks, duffle bags or bins. Disaster Supply Kit ❑ Three-day supply of non-perishable food and three gallons of water per person ❑ Map marked with at least two evacuation routes ❑ First Aid Kit, including prescriptions or special medications ❑ Radio and Flashlights, including extra batteries t. ❑ Change of clothing and footwear per person, - including blankets or sleeping bags ��- ❑ Extra eyeglasses or contact lenses ❑ Extra set of car keys, credit cards, cash or traveler's checks to ' ❑ Sanitation supplies Ii LJCopies of important documents (birth ,„ 14, ,r certificates, passports, insurance policies, etc.) it =� �� ❑ Food and water for pets f a 149 Prepare Your Home Defensible Space: Create and maintain a defensible space that separates your home from flammable vegetation. A 30 ft. or 100 ft. defensible space is required depending on where you live. See attached letter for specific requirements pertaining to your home. DEFENSIBLE SPACE ZONESZONE 1: Create a 30 foot clearance immediately AL surrounding your home. •Remove all dead vegetation and other items that could catch fire from around and under decks. •Trim trees regularly to maintain a 10 foot separation from the chimney and all other trees. Tree limbs ZONE 2 should not come into contact with electrical wires. ��. ! •Keep roof surfaces, including eaves and rain gutters, it.L clear of needles, leaves and debris. ROAD • E I •Install a spark arrester on the chimney of wood burning fireplaces. ZONE 2: Reduce fuel load for remaining 70 feet or to property line. • Store wood piles and other flammable materials at least 30 feet away from the home. • Spacing between plants and trees improves the chance of stopping a wildfire before it destroys your home. Create vertical and horizontal spacing between grass,shrubs and trees. Horizontal Clearance: Minimum Clearance • Horizontal clearance depends on the slope of the y land and the height of the shrubs or trees. 2X til ECLi • Review the chart to the right to determine minimum spacing distance between shrubs and trees. x� FLAT TO MILD SLOPE(LESS THAN 2QX) Vertical Clearance: • Prune all lower tree branches a minimum of 6 feet from the ground. • Allow for extra vertical clearance when trees have �_ 20 EET vegetation beneath it. Lack of vertical clearance can {x-- = —F--- allow a fire to move from the ground to shrubs to -� tree tops like a ladder. "-� • To determine the proper vertical spacing between MILD TO MODERATE SLOPE(20%-40%) shrubs and the lowest branches of trees, use formula below for minimum clearance. Minimum Clearance -A ?,-- 30 FEET N Jt 717 6x 3 yN, w v _. 3X HEIGHT r• / J OF SHRUB MINIMUM 3X MODERATE TO STEEP SLORE IGREATER THpH 40XI Q VERTICAL CLEARANCE aj O 6 FOOT r G ` N MINIMUM I F t- ry CLEARANCE i � �� � � 's'.�i t � "y, Santa Clara County Fire Department o W T 408.378.4010 • www.sccfd.org 150 v � SARATOGA CITY COUNCIL ��156 MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: Finance &Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Santa Clara County Law Enforcement Contract RECOMMENDED ACTION Review and approve proposed Law Enforcement contract and authorize City Manager to execute the contract with Santa Clara County. REPORT SUMMARY Background The City of Saratoga has contracted with Santa Clara County for law enforcement services since shortly after incorporating in October, 1956. According to a June 20, 1957 newspaper report, the first city budget (FY 1957/58) appropriated $20,815 for police protection. With this funding, the Sheriff's Office agreed to provide a deputy and car for 12 hours a day, seven days a week, and a part-time police chief. There were about 15,000 residents in the City at the time. Since these early days, service levels have broadened; becoming more comprehensive and adjusting to the needs of the City. Using multi-year contract agreements, Councils have annually established service levels, either increasing, decreasing, or maintaining general law enforcement hours, patrol hours, investigative hours, and funding a school resource officer as revenues allowed. Current Contract The City's current law enforcement contract is the result of a lengthy negotiation in 2004 between the Santa Clara County Sheriff's Office and the three cities participating in this agreement: the City of Cupertino, the Town of Los Altos Hills, and the City of Saratoga. The ten-year agreement is set to expire on June 30, 2014. Per the cities and Sheriff's Office preference, each city's contract is identical in form, but separate unto the city itself. Under the current contract structure identical service terms, compensation arrangements, insurance liability, and reporting requirements are addressed in the contract. Specific services provided to each city with billing rates and prorated allocations are outlined on the contract's attachment titled Exhibit A, Proposed Costs. Exhibit A is updated each fiscal year with new rates and any requested service changes. In preparation of the upcoming fiscal year,the cities provide the Sheriff's Office with a `level of service' plan. The Sheriff's Office then prepares a new Exhibit A, Proposed Costs for the level and amount of services to be provided in the ensuing fiscal year, using an updated hourly billing rate established for the type of law enforcement service, and the prorated allocation for the West Valley Sub-station operating costs. Calculations for the annual cost of living increase in total compensation are defined in the contract's attachment titled Exhibit B: Compensation for Services. The new fiscal year Exhibit A's are then distributed to the cities for budget preparation. 151 Proposed Contract The proposed ten-year contract generally mirrors the previous contract in form and substance: services, compensation, insurance, reporting, and the length of the agreement remain consistent, with changes primarily limited to terminology clean-up, updates, or clarifications. The only notable changes in the contract's terms are limited to a modification in the annual Consumer Price Index (CPI) base (from February CPI/W to the December Annual Average CPI/W), and a reduction in the annual Substation rent increase (from 3% to 2.5%) as a result of the County's new lease agreement. The CPI rate is used as a measurement to establish a cap (maximum limit) on hourly rate increases. The contract's cost components consist of the hourly service rates and the West Valley Substation costs. Costs are established as follows: Hourly Service Rates — The City shall compensate the County utilizing the base rate established for services in the prior year,times the lessor of either: 1) The percentage increase in total compensation (exclusive of PERS) provided to all patrol deputies of the Sheriff's Office as set forth in calculation formula in Exhibit B, or; 2) The annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index(CPI/W) for the San Francisco-Oakland-San Jose region,PLUS 2% In addition, the City agrees to compensate the County for any PERS cost increases charged to the County. The hourly service rate reflects the average full cost of a single Deputy with patrol vehicle. Supplemental/reserve service rates for traffic enforcement and investigative hours vary slightly to account for day and night shift differentials and the assignments of vehicles. The Fiscal Year 2014/15 rate was established under the prior contract and acts as the new `base rate' for the proposed contract. The contract limits total increases over the life of the contract to the actual cumulative average of CPI/W PLUS 2% for the life of the agreement,PLUS any PERS cost increases. Substation operating costs —Under the contract, the City and County agree to share the costs of renting and operating the West Valley Division Substation as follows: 1) The City's share of the base rent and operating cost is based on the lease agreement between the County and the property owner. 2) The monthly base rent will increase 2.5%each year commencing November 8,2015. 3) City is responsible for any increase in operating expenses and real estate taxes to the extent that such expenses exceed costs incurred in the FY 2014/15 base year. 4) Yearly increases in controllable expenses (i.e. janitorial services, landscaping, minor repairs, etc.) shall be capped at 5%. 5) The City's share of the operating costs and base rent is a prorated share based on actual costs and actual billable hours. The terms of the substation costs mirror the previous contract with the exception of a reduction in the annual rent increase from 3%each year to 2.5% each year. Contract Assessment Advantages - The proposed contract includes certain inherent advantages. Cost controls put into place in the 2004 agreement will be continued, and the agreement appears to have been fair and efficient for both the City and County throughout the years. The Sheriff's Office has successfully managed contract costs by staying within the proposed hour arrangements. In most years, the Sheriff's Office was able to refund a portion of the payments back to the City by staying under the proposed maximum hour limit. Furthermore, this was accomplished while earning #1 and #2 rankings in different `Safest City in California' assessments,based on crime statistics. 152 In addition, the Sheriff's Office managed to stem rapidly increasing staff costs through salary negotiations during the term of the prior contract. Salary savings were passed through to the Cities, and together with pension reform legislation, will control staffing costs in the future, with the assistance of attrition. Moreover, the Sheriff's Office will treat Saratoga as any other mutual aid city and provide special services (i.e., SWAT,helicopter time,police dogs, etc.) as needed, at no additional cost. With established duties and processes in place, consistent staffing, and with tenant improvements paid for, the continuance of the contract will add to law enforcement efficiency. And, it appears the Santa Clara County Sheriff's law enforcement services have been effective; City Councils have been very satisfied throughout the years, resident feedback is positive, roadway safety is high, and criminal activity is successfully suppressed. Disadvantages—The contract does not cap certain costs. PERS cost increases will rise by approximately 50% in the coming years, and the City will be liable for the considerable cost increase. These costs are not negotiable; PERS requires payment for pension liabilities established under contract with Sheriff Deputies. In addition, CPI rates are not controllable. However, as CPI is only one of the options for rate increases, and the contract calls for the lessor of the two options, the rate increase should remain manageable with assistance from the County. And finally, property/tenant insurance, property tax, and utility increases over the life of the contract are limited to actual increases, but are not capped. While property tax is restrained by a 2% annual increase, the sale of the property could result in a higher tax base. Insurance and utilities are likely to increase, and the City will need to contribute approximately 27%toward these costs. In summary, with the flexibility the contract allows for service level changes, the Law Enforcement contract has been very adaptable to the City's economic changes. While the billing rates are not flexible due to the County's requirements for service cost recovery, the contract structure allows the City to adjust service levels to viable funding levels throughout the term of the contract. Attachments The terms of the law enforcement agreement are outlined in Attachment 1 labeled `Major Terms of the Agreement'. Contract terms are defined under the current contract and the proposed contract to illuminate any negotiated changes. The proposed contract is included as Attachment 2, with Exhibits A and B as Attachments 3 and 4 respectively. As the Law Enforcement Contract was in the finalization stage for minor language clean-up amongst the three cities and County at the time this staff report was submitted, the final version of the contract will be reviewed by the City Attorney prior to the City Manager signing. The final version will not have any substantial changes from the attached near-final version. FISCAL IMPACTS A budget appropriation for Law Enforcement Services in the amount listed for the City of Saratoga on Attachment 2, titled: `Exhibit A, Proposed Costs, Fiscal Year 2014-2015' is included in the adopted FY 2014/15 General Fund Budget. Approval of this agreement provides a standardized rate increase formula that caps the maximum increase allowed each fiscal year, thereby reducing the possibility of a large unexpected financial impact to the City during the life of the agreement. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION Council would not have a signed contract with Santa Clara County to provide Law Enforcement Services, or an agreement to limit annual rate increases. 153 ALTERNATIVE ACTION Council could direct staff to re-negotiate the contract, delay the approval of the contract, or reject the contact. Council could also direct staff to pursue other law enforcement service providers by issuing a Request for Proposal for law enforcement services. FOLLOW UP ACTION Authorize the City Manager to sign the proposed contract on behalf of the City. ADVERTISING,NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS 1. Major Terms of the Agreement 2. Santa Clara County Law Enforcement Contract 3. Exhibit A: Proposed Costs,FY 2014-2015 4. Exhibit B: Compensation for Services 154 Attachment 1 Major Terms of Law Enforcement Agreement with Santa Clara County Sheriffs Office PROPOSEDCONTRACT TERM CURRENT CONTRACT Contract time period July 1,2004-June 30,2014 July 1,2014—June 30,2024 Contract extension 5 year extension available. Same Contract termination City or County may terminate contract Same with 180 days'notice. Sheriff's reporting County to provide monthly reports on Same requirements the incidence of crime and services expended in City. Special additional reports Provided to City at no cost. Same Insurance coverage City and County to maintain their own Same liability insurance coverage. Claims/Liability County responsible for Sheriff staff's Same workers compensation and liability claims. Hold Harmless clause City and County have a mutual Same indemnification agreement. Services provided General Law Enforcement and am Communications,Traffic Patrol, Investigations, School Resource Officer,Booking and Processing Services,Emergency Operations Support,Cost Recovery Support. Service Level Plan Service levels adjustable on an annual Same basis. Service Level Plan City to submit Service Level Plan to City to submit Service Level Plan to notification County by April 1St. County to provide County by March 1St. County to City Service Level Plan budget by provide City Service Level Plan May 1 St. budget by April V. Staffing Assignment Deputies assigned for not less than 3 Same years/Special Assignment Personnel for not less than 5 years—unless transfer requested/layoff. Designation of Chief of Police Cities collectively select Chief of Same Police. Service Hours Compensation Using FY 2004/05 as the base year, Using FY 2014/15 as the base year, rates are adjusted annually by the rates are adjusted annually by lessor of lessor of internal total comp increase internal total comp increase or CPI/W or CPI/W Feb to Feb rate plus 2%. annual average Dec to Dec plus 2%. CalPERS Costs City agrees to absorb percentage Same—with some PERS updates and increase in County PERS rates. language clean-up Contract service limits Sheriff to notify City if planned service Same level will be exceeded. City is not obligated to approve modifications; Sheriff not obligated to exceed service plan. 155 Attachment 1 PROPOSEDCONTRACT TERM CURRENT CONTRACT Supplemental Services Law Enforcement rates calculated to Same reflect the average full cost of sheriff services. Supplemental rates for single deputy with patrol vehicle adjusted for day rate,night rate,and reserve rate. Investigative hours reflect average full cost of investigator's time. School Resource Officer at flat rate of $100,000. West Valley Substation City's share of rent and operating costs Same Allocation based upon actual billable hours as indicated in COPANA reports. Base Rent Increases Monthly base rent will increase by 3% Monthly base rent will increase by each year commencing November 8, 2.5%each year commencing 2005. November 8,2014. City responsible for increases in Same operating expenses and real estate taxes to the extent such expenses exceed base year costs. Controllable Operating Costs Yearly increases in controllable Same operating costs(other than insurance, taxes and utilities)capped at 5%. 156 Attachment 2 LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the City of Saratoga, State of California, hereinafter referred to as "City." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and City desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. Law Enforcement Services 1. Within the corporate limits of City, County shall provide police protection through its Sheriff's Office as may be required by City and as within the capability of the Sheriff to provide. Services to be performed under this section (A)(1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached. 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section(A)(1),the Sheriff or his/her designee shall meet with the representative(s) of City to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of City, County shall, through its Sheriff's Office,provide supplemental services as requested by the City. The cost of such services shall be at the rate set forth in Exhibit A. Services to be performed under this section(13)(1) shall be provided exclusively within the City limits of City except in an emergency. These services may include, if 1 157 Attachment 2 requested by City, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide. 2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of City. 3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the City prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year,except upon sixty(60)days written notice by either party. City may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services. 4. Regional assets shall provide services to City on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol. C. Supplemental Reserve Services These services are provided by reserve sheriff's deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by City and approved by the Sheriff's Office. D. Plan for Service 1. Prior to March 1 st of each contract year, City shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. If City fails to request a specific level of service of the coming fiscal year not less than thirty(30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thirty(30) days. 2. Prior to March 15th of each contract year, City and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assignment and Transfer Policy 2 158 Attachment 2 Sheriff's deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to City for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred with by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to City for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred with by the Sheriff. F. Designation of Chief of Police If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits City from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan 1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in City, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). 2. Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. 3. A pre-designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities. 4. The pre-designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services. 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by City. 3 159 Attachment 2 6. In the event a major disaster occurs, the Sheriff's Office shall provide support as required to comply with the City's emergency operations cost recovery efforts. H. Booking and Processing Services County shall provide booking and processing services to those arrested persons within the Corporate limits of City, and who are brought to the County jail for booking or detention. I. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriff's Office and City's operations. Services will include 24 hour per day 9-1-1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures. II. COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The City shall compensate the County utilizing the Fiscal Year 2014/2015 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation(exclusive of PERS)provided to all patrol deputies of the Sheriff's Office as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPUW) for the San Francisco-Oakland-San Jose region (hereinafter "CPI/W")plus 2%,whichever is less. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPUW plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPUW plus 2% for the life of the agreement. In addition, the City agrees to compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one (1)time per year to be effective at the start of each fiscal year on July 1. 4 160 Attachment 2 2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. City or Sheriff shall review any such proposed modifications but is not obligated to approve them. If City does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. City is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the City. 3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the County shall utilize 'the average CPI/W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify city of any increases in rates resulting from the new contract terms, within thirty(30) days of the date of such contract resolution. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement. 4. County shall specify to City, not less than ninety(90) days prior to the start of City's fiscal year, the new projected budget annual contract amount. a. City shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the City. Additionally, County shall charge City for meal periods, "beat preparation" time and "securing from beat" time at the rate of ten percent(10%) of the above referenced hours. b. "Activity" and "Patrol" times are identified through the County Patrol Activity Network Analysis (COPANA) and Patrol Activity Report(PAR). A listing of items and their designations as "Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software 5 161 Attachment 2 applications may be updated or exchanged for newer software applications during the life of the agreement. B. Supplemental/Reserve Service 1. Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five (5)rates per hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle. b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost of two Reserve Deputy Sheriffs with patrol vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A. C. Base Rent and Operating Costs of Westside Substation 1. City and County shall share the costs of renting and operating the West Valley Division Substation as follows: a. The City's share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2.5% each year commencing November 8, 2015 and City shall be responsible for its share of this base rent increase. City shall be responsible for any increase in operating expenses and real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs (other than insurance, taxes and 6 162 Attachment 2 utilities) shall be capped at 5%. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. The City's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year. b. City shall pay to County monthly that portion of the substation operating costs attributable to City. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C.I.a., shall be mutually agreed to by the parties to this agreement. C. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent,janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation. d. Prorata share to City for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by City to County in the following manner: 1. The City shall pay to County an amount equal to one-twelfth of the annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year. 2. Adjustment to the law enforcement annual projected budget-amount shall be performed every year of the contract as follows: a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount 7 163 Attachment 2 actually paid by City to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services. 3. Payments, or any portion thereof, not made by City to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent (10%) per annum until paid. Interest so accrued shall be payable to County on the last day of the month in which it accrued. 4. By September 30 following the end of each of the contract years, County shall provide to City the COPANA report for the entire contract year. If the amount actually paid by City to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to City the amount of such excess by October 1 following the end of the contract year. Within twenty-one (2 1) days of receipt of such final COPANA report, City shall pay to County the full amount, if any, by which the costs of police services, as set forth in the final COPANA report for the contract year, exceeds the amount actually paid by City for such services. For purposes of calculating the final amount due to County from City, City's credit for the amount actually paid by City shall not include any interest paid by City due to late monthly payments. III. REPORTS A.Monthly Reports County shall provide to City on a monthly basis report(s) on the incidence of crime within City. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and City. 1. County shall provide such month end reports to City within thirty(30) days of the last day of that month. 2. By September 30 following the end of the contract year, County shall provide to City the COPANA report for the entire contract year. 3. Special additional reports requested by City may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising out 8 164 Attachment 2 of, or in connection with,performance of the duties and obligations of the County and its employees set forth in this agreement. B. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with,performance of the duties and obligations of the City and its employees set forth in this agreement. C. This mutual indemnification agreement is adopted pursuant to Government code section 895.4 and 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. V. INSURANCE AND LIABILITY County and City shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement. VI. TERM OF AGREEMENT This agreement shall become effective on 7/1/14, and may be terminated without cause by County or City upon the giving of one-hundred and eighty(180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty(120)months until 7/1/24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If City elects to terminate this Agreement prior to the expiration of the ten-year term, the City shall nonetheless pay the full amount of its pro- rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation. At the expiration of this ten(10) year contract, this contract can be renewed for an additional five (5) year period upon written notice of renewal by City and the County to the other parties at least one hundred eighty(180) days prior to the expiration of this contract. 9 165 Attachment 2 COUNTY OF SANTA CLARA Date: By: Mike Wasserman, President Board of Supervisors Signed and certified that a copy of this Document has been delivered by electronic Or other means to the President, Board of Supervisors. Attest: Dated: Lynn Regadanz, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Cheryl Stevens, Deputy County Counsel (Date) CITY OF SARATOGA Date: By: Dave Anderson, City Manager APPROVED AS TO FORM AND LEGALITY: Richard Taylor, City Attorney (Date) 10 166 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014-2015 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES GENERAL LAW ENFORCEMENT Proposed Hours-Activity Proposed Hours-Patrol Total Hours 38,248.0 5,421.0 20,060.0 14,696.0 Proj Costs FY 2014-2015 @ $164.90 $6,307,095 $893,923 $3,307,894 $2,423,370 TRAFFIC ENFORCEMENT-DAYS: Proposed Hours 7,200.0 43.0 4,195.4 0.0 Proj Costs FY 2014-2015 @ $162.43 $6,984 $681,451 $0 Cupertino @ $162.45 $1,169,640 TRAFFIC ENFORCEMENT-NIGHTS: Proposed Hours 0.0 0.0 0.0 0.0 Proj Costs FY 2014-2015 @ $166.04 $0 $0 $0 Cupertino @ $166.06 $0 INVESTIGATIVE HOURS: Proposed Hours 7,200.0 600.0 2,400.0 0.0 Proj Costs FY 2014-2015 @ $159.02 $1,144,944 $95,412 $381,648 $0 FY15 Contract Cities—Proposed Costs 05-15-2014 A-39 DSA=O% 167 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014-2015 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES RESERVES ACTIVITY HOURS: Proposed Hours 1,650.0 22.0 340.0 0.0 Proj Costs FY 2014-2015 @ $48.70 $80,355 $1,071 $16,558 $0 OPERATING COSTS OF WEST VALLEY SUBSTATION: Proj Hours FY 2014-2015 45,448 5,464 24,255 14,696 89,863 Percentage 50.5748% 6.0804% 26.9911% 16.3538% Proj Costs July 2014-Oct 2014 @ $418,614 yr $70,571 $8,484 $37,663 $22,820 Proj Costs Nov 2014-Jun 2015 @ $418,614 yr $141,142 $16,969 $75,326 $45,639 Total Proj Costs of Substation = $418,614 $211,713 $25,453 $112,989 $68,459 SUBTOTAL COSTS: Proj Costs FY 2014-2015 $8,913,747 $1,022,843 $4,500,540 $2,491,829 PROJECTED SPECIAL SERVICES Projected Hours FY 2014-2015 1,815.5 0 0 0 Cupertino Traffic Sergeant $189,351 $0 $0 $0 Saratoga School Resource Officer $0 $0 $100,000 $0 SCHOOLS RESOURCE OFFICER Proj Costs FY 2014-2015 @ $136.23 $395,721 $0 $0 $0 (1 SRO @ 85%and 1 SRO @ 75%) TOTAL SHERIFF LAW ENFORCEMENT COSTS Projected Costs FY 2014-2015 $9,498,819 $1,022,843 $4,600,540 $2,491,829 CAPPED COSTS 2014-2015 Proj Costs Capped @ 4.6%(CPI+2%) Increase $9,840,602 $1,060,170 $4,753,605 $0 AMOUNTS BELOW CAP OF 4.6% ($341,783) ($37,327) ($153,065) $0 FY15 Contract Cities—Proposed Costs 05-15-2014 A-40 DSA=O% 168 Law Enforcement Contract Exhibit B Compensation for Services To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: 1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation(salary and benefits) at top step for a 40-hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount(exclusive of PERS) will be divided by the total compensation effective on the prior July 1 (exclusive of PERS), to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2014/2015: Base Year 2014/2015 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2015/2016 through 2024/2025: Preceding Base Year Costs X Lesser of Percentage change in total compensation or Consumer Price Index-Urban Wage Earners and Clerical Workers (CPUW)plus 2% (For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPUW plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs 596929.2 1 169 a s SARATOGA CITY COUNCIL MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: James Lindsay SUBJECT: Report on Hakone Gardens Noise Mitigation Efforts RECOMMENDED ACTION: Receive report. BACKGROUND: The City Council requested a follow-up report on noise from events at Hakone Gardens after receiving a number of complaints from neighbors living nearby. Amplified sound from outdoor wedding receptions at night has been the primary cause of the noise complaints. There have been no confirmed violations of the City's noise ordinance from events at Hakone; however, the Hakone Foundation has taken a number of steps to reduce noise impacts from outdoor events on nearby properties which are summarized in Attachment A—Hakone Gardens Sound Abatement Plan. SUMMARY: The primary noise reduction effort that City staff has been monitoring over the past two months is the relocation of the sound equipment. Sound equipment for outdoor receptions was previously placed on the stage with the speakers facing west which directed sound in the same direction as the homes in the Toll Gate neighborhood across Highway 9 (refer to arrow labeled A in the map below). Hakone staff now place the sound equipment in front of the Cultural Exchange Center with the speakers facing south which now directs the sound into the hillside (refer to arrow labeled B in the map below). W Zcn Garden Houm E Lowei HactW A hy�4` Yiewin§.�eck tzr i'd?7 B Cr1iCYlrai charm;e Madaone Ce`is eg Mound den arca A i r 170 Staff has personally observed that relocating the sound equipment has substantially reduced the noise impact on the Toll Gate neighborhood for outdoor receptions. However, the neighbors have commented that amplified voices and cheering can still be heard from events. That issue is accentuated at night when residential neighborhoods are quieter. Attachment B consists of information Hakone staff provides for wedding rentals consisting of time restrictions, event policies, and guidelines for DJs and musicians. An evening wedding reception is normally required to end at 9:00 PM but can be extended to 10:00 PM if an additional rental fee is paid. In comparison, Musical events at Villa Montalvo and at Mountain Winery are required to end by 10:30 PM. Hakone's Sound Abatement Plan is working and has resulted in reducing the impacts of outdoor events on the nearby neighborhood. Consistent implementation of the actions contained in the Sound Abatement Plan and maintaining the 10:00 PM cut-off time for events will keep the noise levels in compliance with City standards and provide the neighbors with relief from loud amplified music. PUBLIC CONTACT: Staff has met with Toll Gate neighbors several times to discuss the measures Hakone has implemented and have provided them copies of this report. ATTACHMENTS: A. Hakone Sound Abatement Plan—February 2014 B. Event handouts 171 June, 2014 Sound Abatement plans for Hakone Gardens List of actions undertaken 1. Enhanced management of bands and DJs A. Evaluated and enhanced the agreement form, i.e., agree to keep speaker boxes by the CEC facing south into mountain and to keep them always on the ground level. B. Evaluated establishing a required list of bands and DJs. If there are exceptions,then a representative from management or a Board member is present during the show/event C. Hakone Event Staff retrained on new procedures. Event Staff has designated Board member numbers as back up to Event Coordinator's and CEO's number to call if cannot control DJ or Bands. 2. Evaluated noise reduction options on the CEC open area A. Brought in additional Sound Engineers to get ideas for options and costs. Two have already visited Hakone and provided the Foundation with options to consider mitigating the decibel levels. Suggestions by them: 1. Speaker Boxes always on ground 2. Speaker Boxes always by the CEC (facing south) and never facing west 3. Consider outdoor "sound deadening" material on west side of area 4. Costs? ($50,000 first estimate) which would block views of surrounding natural views 5. Consider outdoor "sound deadening" material on east side of area,would block vies 6. Costs$25,000 first estimate) B. Discussed with Mountain Winery General Manager and staff about gathering information on what they did to mitigate sound 3. Host meetings with neighbors to discuss Hakone's sound abatement plans A. Set date for neighbor meeting Saturday,April 5th, 1-3 pm Open House. 4. Work closely with City staff on progress 5. Work with neighbors on noise evaluation A. CEO contacted neighbors on sound checks 6. Evaluated noise reduction options in parking lot A. New signs were designed and installed throughout the parking lot 7. Evaluate the planned Retreat Center plans to provide total indoor options for large groups 172 Wedding Event Timeline Due to the capacity restrictions at Hakone facilities, events must comply with its contracted number of guests. For every person over the maximum number in the rate sheet,you will be charged$25 a person. Rehearsal dateltime requested: (Rehearsal must take place Monday through Friday 90 AM—3 PM, Please schedule with the office to avoid any possible conflicts.) Photo Shoot dateltime requested: (Photo Shoot must take place during regular open hours starting no later than 3:30 pm. Please schedule with the office.) EVENT TIME LINE: Up to 100 quests: Up to 150 guests: Reception Set-up................ 2 hours before the event................... 2'/s hours before the event Ceremony set-up................ 1'/z hours before the event................ 1'/2 before the event AM event............................. 10 AM—2 PM ................................. 10 AM—2 PM PM event............................. 5—SPM (or 10 PM") 5—9 PM(or 10 PM') Clean up.............................. within 1 hour after the event ............. within 1 hour after the event "Extendable at an additional fee. Refer to the Rate sheet. Your event Set-up: Event hours: Clean-up: Please note that these times are for vendors only. The bride,groom,and the rest of the wedding party may not arrive any earlier than 1%hour before the event start time for access to the bridal room. SPECIAL REQUESTS: Special requests/equipment to be brought into Hakone: VENDOR DELIVERY LIST: Please see the last page, fill out the information and fax to Hakone at least a week before, ADDITIONAL CONTACT INFORMATION: Contact Person during Event(Other than bride/groom) Reiation VEHICLE RESTRICTIONS: Please note that vehicles are restricted to a 30 foot maximum for our driveway. No vehicles are permitted up the gravel -covered driveway leading to the entrance of the Garden. HAKONE EVENT STAFF: Their role is to ensure the safetylsecurity of your event guests as well as Hakone property,and to secure smooth flow of the events. They will monitor that the event policy is followed through and no violations occur which may forfeit your deposit. Their role includes directing the traffic and ushering your guests to the wedding site, setting up and breakdown of ceremony chairs,opening up and closing of all rented facilities, answering any questions or give assistance.They do not coordinate weddings. Please do not try to set up earlier than your pre-arranged time as it will cause schedule conflicts and a possible loss of a portion or all of your deposit. If you have any questions the day of the event, please ask the event staff. Office Hours:Monday—Friday 9 AM to 5 PM,T.408.741.4957,F.408.359.1005 events@hakone.com Rev. 5115114 173 J Event Party _. Please look over the policy,initial at each spot,and sign at the bottom. Capacity: All events are limited to a maximum of 180 people. The Garden area and Madrone Mound can seat up to 180 people each. The Lower House (LH) is limited to 40 guests for dinner seating and 60 people for theater-style seating. The Cultural Exchange Center(CEC)seats 60 people for dinner and 80 people for theater-style seating. CEC deck is limited to 40 people in dinner seating. Hours of Use: Hakone outdoor facilities(Garden area/Mound)may be reserved for use during the hours of 8am- 11 am and Spm-9pm. The indoor facilities (LH and CEC) may be reserved from 9 am to 9pm, provided the nature of the function does not interfere with public access to the main gardens areas. The Japanese style apartments and the Tatami-floored tearoom in the LH and CEC are not part of any rental unless agreed. Wedding ceremonies are restricted to a maximum of 1 hour,and evening receptions may be held up to 4 hours and must end no later than 14pm. Ceremony/reception events are 5 to 9 pm with a set-up time of 1 '/-2'/2 hours(depending on the size of the event),and one hour for clean up after the event. Ceremonies are given 1 -1 '/:hour for set-up and%hour for clean-up(depending on the size of the event).See Wedding Event Timeline sheet. Reservations: To confirm a date for your event,a deposit and%the Rental Fee is required along with a signed Policy and Application. Furniture: Hakone provides tables and chairs at no extra charge. Available for use are 20-72"x30"tables, 20-60" round tables, 8- 30"round table(4 high 4 low),200 white resin chairs,and 80 brown padded metal chairs. Delivery of materials must be arranged in advance with the Event Manager. If items, either rented or personal, are left at Hakone for more than two business days after the event, the renter will be charged a$50 storage fee for each day the items are left at the facilities,to be taken from the deposit. Set up/breakdown: Hakone provides complimentary set up and breakdown of the ceremony chairs. However,Hakone is not responsible for reception set-up/breakdown which is usually the caterer's responsibility. At least one Event staff will be on duty during all events at Hakone to render needed support,monitor the conditions of use,and to assure the regulations are observed. These staff members are NOT responsible for set-up or cleanup other than for ceremony chairs. At our discretion,we may require additional security to be paid for by the renter. Setup and breakdown time should be strictly observed by all involved parties including caterers. No earlier setup is permitted unless authorized in writing ahead of time. Parking: There are 93 parking spaces available. Any cars that arrive after the spaces are filled may be turned away. Please request that your guests carpool. Vans, limousines and 24-passenger buses may be used. No large buses are allowed due to the steep and narrow hill. Vehicles are limited to a size of 30 feet maximum. Caterers/Vendors: Hakone requires that caterers be chosen from our preferred list.The Event Manager must approve a caterer who isn't on our preferred list,and a nominal fee of$5 per person will apply for the outside caterers. The facilities are not equipped with commercial kitchens. Caterers, DJs,florist, photographers, musicians, and others associated with the event are expected to contact the Event Manager at least 2 weeks prior to the event.The caterer is responsible for set-up and cleanup for reception. The facility must be left clean. The renter is responsible for any and all Caterers and Vendors contracted for their event.Any damage to the facilities or violations of this contract or the Vendor/Caterer Agreements caused by a Caterer or Vendor will be deducted from the renter's deposit. Should the expense exceed the deposit,the renter agrees to pay the cost thereof. Should any damage occur to the Caterer's and/or Vendor's property, staff, or representatives, the renter holds Hakone harmless from all liability or damage that arises. The renter is solely responsible for the Caterers and/or Vendors that they contracted for their event. Alcohol: Alcoholic beverages are restricted to Meer,wine,and champagne.No food or beverages allowed outside reception areas. Music/Dancing: Use of outdoor sound system during Garden open hours is prohibited. Generally, sound levels in the Gardens should be kept to a minimum and are not to exceed 56 dBA at least fifty feet from the source (City of Saratoga Municipal Code 7-30,050). All music arrangements of any form must be negotiated in advance. IMPORTANT: If you use a non-preferred DJ/musician, please have them contact the Event Office for guidelines prior to the event. Dancing is allowed within the CEC but not in the LH. Photography: Photographers should obtain permission from the Event Manager to conduct photo sessions at times other than at the time of the event. Trails and paths should not be blocked by equipment. Photographers and objects are requested to remain on the Garden paths,open areas,or on steps,bridges,and other walking areas at all times. . Wedding Arrangements for rehearsals must be made with the office one month prior to the wedding date. Rehearsals shall be held Rehearsals: during hours open to the public, preferably during the week, not to begin any later than 4:00 pm. _No sound system during Garden hours is permitted. Hakone is not involved in your rehearsal,other than scheduling and providing the rehearsal site. Office Hours: Monday—Friday 9 AM to 5 PM,T.408.741.4957,F.468.359.1005 events@hakone.com Rev.5/15114 174 HAK©NE ESTATE AND GARDENS ��.kon� Tr7wnclatinn Tel:408.741.4957 Fax:408.741-4993 www.hakone.us Guideline for Ms/Musicians at Hakone Events Welcome to Hakone Estate and Gardens! Hakone is one of the National Trust for Historic Preservation sites in the US and the oldest Japanese and Asian residential gardens in the Western Hemisphere established in 1915. Our mission is to preserve, protect, and maintain this historical and cultural heritage for many generations to come. Please read the guidelines thoroughly, and if any question arises please ask me or our onsite event staff. It is strongly recommended that you come and visit the site ahead of time to familiarize yourself, especially if you have never been here for an event before. 1. Parking: We recommend the Inner Parking Lot. The entry is at the end of the public parking lot. Our Event Staff can open the gate for you. 2. Furniture: We have tables (34 x 72") and chairs in our furniture shed. Please help yourself with these tables for your station setup. Hakone rents out market umbrellas (9' diameter). If you need there, please let your event client know so that they can arrange a rental from us ahead of time. 3. Volume Restriction: City of Saratoga Municipal Code (7-30.050) limits the noise level as follows and we are required to maintain a log of volume levels at each event. The maximum noise level allowed during the daytime (7 am - 7 pm) is 66 dBA, The maximum noise level allowed during the evening (7 prn - 10 pm) is 56 dBA. The measurement is to be taken about 50" away from the source of sound. No event can be extended beyond 10 PM. Violating the noise level (two warnings) will require Hakone to pull the Plug on your eauinment. DJ Initial There have been several complaints recently by the neighbors to the City about the high volume level. Your compliance with this Municipal Code is crucially important in continuing your music service at Hakone. 4. Breakdown: Please make sure to collect all, and only, your equipment and not Hakone's property such as extension cords, microphone system (if used), etc,, at breakdown, We appreciate your compliance with these requests, especially on volume restriction, and hope to welcome you for many more future events, We look forward to working with you in making each event a great success. Please sign and return: Event Night Time of Decibel Reading DJ initial Name: Time of Decibel Reading DJ initial Company: Time of Decibel Reading DJ initial Phone#: Hakone Event Staff initial Event date: 175 SARATOGA CITY COUNCIL 7, 0,. MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP SUBJECT: Joint Exercise of Powers Agreement and Cooperation Agreement to undertake CDBG activities. RECOMMENDED ACTION: Adopt the resolution authorizing the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara relating to essential community development and housing assistance activities funded by the Federal government for the Community Development Block Grant and HOME Program. REPORT SUMMARY: Saratoga is not eligible to apply directly to the Department of Housing and Urban Development for Community Development Block Grant (CDBG) funds because the City's population is under the 50,000 person threshold. In previous years, the City has qualified to receive CDBG funds by participating in the "Urban County" grouping of smaller cities and the unincorporated area of Santa Clara County through a Joint Exercise of Powers Agreement and Cooperation Agreement (JPA)with Santa Clara County. In 2011, the Council approved the current JPA for a 3 year period, which expires on September 30, 2014. The new JPA will be for the period October 1, 2014 through September 30, 2017. The CDBG program has undergone major changes over the last several years including requiring community service agencies to apply directly to the County for funding. The notable changes to the 2014-2017 draft JPA include incorporating the review and approval of the City's "local priorities" into the annual Notice of Funding Availability(NOFA) document (see attached), adding language about the timely expenditure of capital funds, making reference to the 2016-2020 Urban County Consolidated Plan, and eliminating reference to the program income that was generated by SHARPa program that is no longer administered by the city. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be eligible to receive any CDBG funds or have an opportunity to define local priorities in evaluating CDBG applications for the next three years. Campbell,Los Altos,Los Altos Hills,Los Gatos,Monte Sereno,Morgan Hill Page 1 of 2 176 FOLLOW UP ACTION: The JPA will be reviewed by the County Board of Supervisors on June 24, 2014. The HUD deadline for receipt of the JPA is June 30tH ADVERTISING,NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution of Approval 2. Draft Joint Powers Agreement 2014-2017 (with redline changes from the County) 3. NOFA FY2015 (current funding cycle - for reference only) Page 2 of 2 177 Attachment A RESOLUTION NO: RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF SARATOGA TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,AS AMENDED FOR THE PERIOD OF OCTOBER 1,2014- SEPTEMBER 30,2017 WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended; WHEREAS, Title I of the Act provides for a program of Community Development Block Grants; WHEREAS, Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; WHEREAS, the City of Saratoga is not eligible to apply directly for entitlement funds under the Act but may,by entering into a cooperation agreement with County, qualify County as an urban county applicant and may thereby receive such funds; WHEREAS, the parties hereto wish to enter into an agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the contracting parties to such funds; NOW, THEREFORE,BE IT RESOLVED that the City Council does hereby authorize the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara To Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Act of 1974,as Amended for the Period of October 1,2014—September 30, 2017. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga this 18th day of June, 2014 by the following vote: AYES: NOES: ABSTAIN: ABSENT: BY: MAYOR EMILY LO City Council ATTEST: CITY CLERK 178 Attachment A (to BOS Resolution) JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 2014 TO SEPTEMBER 30, 2017 This Agreement("Agreement") is entered into by and between the County of Santa Clara ("County") and ("City")relating to essential community development and housing assistance activities funded by the Federal government for the Community Development Block Grant and HOME Program. RECITALS a. That Congress has enacted the Housing and Community Development Act of 1974, as amended; b. That Title I of the Act provides for a program of Community Development Block Grants; C. That Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an Urban County; d. That the City may not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in the urban county's CDBG program; and may receive a formula allocation under the HOME Program only through the County, by entering into a cooperation agreement with the County, qualifying the County as an Urban County applicant; e. That the agreement is for three years, the qualification period is for Federal FYs 2015-2017, the County will notify the City in writing of its right not to participate by the date specified in the HUD urban county qualification schedule; f. That the agreement remains in effect until the CDBG and HOME funds and program income received are expended and the funded activities completed, and that the County and participating units of general local government cannot terminate or withdraw from the cooperation agreement while it remains in effect; g. That the City and the County agree to "cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities;" h. That the County and participating jurisdictions will take all actions necessary to assure compliance with the urban county's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing; i. That the parties herby agree to comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the 1 179 Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable laws; j. That the parties herby agree to prohibit urban county funding for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with the County's fair housing certification; k. That the County and City may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. This new requirement is contained in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113-76; 1. That the parties hereto wish to enter into this Agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an Urban County and to establish the respective rights and obligations of the contracting parties to such funds. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Authorities. This Agreement is made pursuant to Section 6500 et. seq. of the California Government Code and constitutes an exercise of powers common to both City and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. This Agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended. All provisions contained in this Agreement that refer to the Housing and Community Development Act of 1974, as amended, which provides for the distribution of CDBG funds, shall also refer to the HOME Program under Title II (the Home Investment Partnerships Act) of the National Affordable Housing Act of 1990, as amended. 2. Definitions. For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this Agreement and those set forth in the Act and Regulations, the latter shall govern. a. "Act": Title I of the Housing and Community Development Act of 1974, P.L. 93- 383, as amended. b. "Applicant": the County of Santa Clara applying as an Urban County. 180 C. "Regulations": the rules and regulations of the U.S. Department of Housing and Urban Development; particular reference is made to those regulations stated in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Development Block Grants) and Part 58 (containing the regulations on the Federal Environmental Review Procedures). d. "County": the County of Santa Clara through action by its Board of Supervisors. e. "Board of Supervisors": the County's legislative body which is the legal recipient of the Community Development Block Grant from HUD and is legally responsible for the administration of the Urban County HCD Program. f. "City": is the city or town that is a party to this Agreement; such city or town may be referred to as a"Non-Entitlement City,"that is, a city which cannot directly apply for or receive funds through cooperation agreements with the HUD. g. "Urban County": a county that is (1) in a metropolitan area; (2) authorized by state law to undertake essential community development and housing assistance activities within its unincorporated areas, and(3) has a population of 200,000 or more within its unincorporated areas and units of general local government (cities) within the county with which it entered into cooperation agreements to undertake or to assist in the undertaking of eligible activities. h. "TAC": The Urban County Technical Advisory Committee which consists of HCD staff persons from the County and cities participating in the Urban County HCD Program, chaired by the County staff person. i. "Application": the application for a grant to be submitted by the County, as an Urban County, for entitlement funds under Title I of the Act. j. "HUD": the United States Department of Housing and Urban Development. k. "HCD": Housing and Community Development, the Urban County's program to address housing and community development needs of lower income persons in the County of Santa Clara. 1. "CDBG": Community Development Block Grant, a federal program administered by HUD which provides funding to eligible entitlement Cities and Urban Counties to address housing and community development needs of lower income persons. in. "Grant": the CDBG funds allocated by HUD to the County of Santa Clara as the legal recipient of the Community Development Block Grant for the Urban County. 181 n. "HOME": the HOME Investment Partnership Program, a federal program administered by HUD to assist in addressing the affordable housing needs of lower income persons in Santa Clara County through such means as new housing development and construction; acquisition and rehabilitation of existing housing units; and provision of emergency rent subsidies. o. "HCD Advisory Committee": an advisory committee established by the Board of Supervisors of the County to be the policy recommending body to the Board of Supervisors for the HCD Program. As described in the Public Participation Plan, the 20-member body shall be composed of both elected officials and public members from the Urban County. The County Board of Supervisors shall appoint one member of the Board of Supervisor to serve as the chair of the HCD Advisory Committee and one public member from each of the five County supervisorial districts to serve on the HCD Advisory Committee. The seven participating cities each appoint one council member and one public member to serve on the HCD Advisory Committee. The role of the HCD Advisory Committee shall be to guide the development of a comprehensive HCD Program, hear project proposals, review Urban County TAC recommendations, and make recommendations to the Board of Supervisors. p. "Public Participation Plan": the plan adopted by the Board of Supervisors of the County which outlines the opportunities and process for citizen input on matters pertaining to planning, monitoring, and evaluation of the Urban County HCD projects. q. "Project Proposals": requests for an allocation of CDBG or HOME funds submitted by eligible applicants to implement specific eligible CDBG or HOME activities, as defined by HUD. r. "Consolidated Plan": describes the housing conditions and goals to address the housing needs of lower income persons, and identifies specific housing actions to be taken by the Urban County to address its housing needs. The Consolidated Plan also serves as a guide for HUD in the distribution of assisted housing resources to communities. S. "OSH": Office of Supportive Housing, formerly known as the Office of Affordable Housing was established by the County of Santa Clara Board of Supervisors to operate the County's housing programs and to assist in the development of affordable housing for low and lower income residents of Santa Clara County. 3. Purpose of Agreement. This Agreement is formed to meet the requirements and purposes of the Act and Regulations with respect to the application for an entitlement grant pursuant to Title I of the Act and to establish the respective rights of the parties to such grant. 182 The purpose of this Agreement shall be accomplished in the manner hereinafter set forth. 4. Cooperation Agreement. a. The parties hereto agree to cooperate in undertaking, or assist in the undertaking of essential activities as defined in the Act and Regulations thereunder for the term of this Agreement. More specifically, the parties hereto agree to cooperate in undertaking, or to assist in the undertaking, community renewal and lower income housing assistance activities. b. City and County will take all actions within their power to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968; Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws and requirements of the application and grant. C. City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503. City understands and agrees that should it fail to comply with such requirements or with the terms of this Agreement, that funds which may be allocated to City during the effective dates of this Agreement may be terminated, or reduced or otherwise limited in accordance with the Act and Regulations. d. All units of general local government participating in this Agreement understand and agree that they may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which they are participating in the Urban County's CDBG Program. e. All units of general local government(i.e. Cities and the County)participating in this Agreement understand and agree that they may not participate in a HOME program except through the Urban County. f. The County will submit to the City the Joint Exercise of Powers Agreement and Cooperation Agreement to be signed by the City if it chooses to participate in the Urban County Program. If a City decides not to participate in the Urban County program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it may not be eligible to receive Urban County entitlement CDBG funding for three successive program years commencing on October 1, 2014 and ending September 30, 2017. g. Upon qualifying, the County will remain an Urban County(including its unincorporated areas and the included units of general local government) for a 183 period of three years. That is, during the three year qualification period no included units of general local government can be removed from the Urban County. To assure that included units of general local government remain an effective part of the Urban County for the entire three year qualification period, this cooperation Agreement between the Urban County and its included units of general local government covers three successive program years. h. All units of general local government participating in this Agreement understand and agree that this Agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period(and in any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the County and participating units of general local government may not terminate or withdraw from this Agreement while this Agreement remains in effect. i. All units of general local government participating in this Agreement have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies within their own jurisdiction against any individuals engaged in non-violent civil rights demonstrations. j. All units of general local government participating in this Agreement have adopted and are enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 5. Administration of Agreement. a. The officers and agents of both parties will cooperate in furnishing information and assistance necessary for the preparation, completion, and filing of the County's application with HUD in accordance with the requirements of the Act and the Regulations. The City shall provide opportunities for public participation as described in the Urban County Public Participation Plan. b. The City shall submit to the County all necessary information required for the completion of a Consolidated Plan in the form required by HUD. This information will detail the City's commitments to providing housing assistance to low and very low income persons within the City. The local commitments to housing assistance by the cities will be incorporated into the Urban County's Consolidated Plan, which will be reviewed by HUD to determine the local commitments to address housing needs of low to very low income persons. C. The County shall not alter or amend the information furnished to County by cities in compliance with the Act and Regulations and consistent with identified Urban County needs and priorities, the County shall have full authority and necessary 184 control of the preparation and filing of it's Application for Federal Assistance to HUD and of other papers and documents in support thereof. 6. Term of Agreement. This Agreement shall become effective upon full execution by the governing bodies of County and of City and it shall remain in full force and effect through September 30, 2017. 7. Local Priorities The TAC shall develop Local Priorities for approval by the HCD Advisory Committee to establish goals that are in alignment with the Five Year Consolidated Plan. The Local Priorities Plan will be reviewed and modified as appropriate on an annual basis by the HCD Advisory Committee. 8. Prosect Proposals. Any and all Project Proposals for eligible HCD activities, including those of the City, shall be submitted directly to the County during its annual funding cycle by eligible applicants. Local Priorities are developed by the TAC, and approved by the HCD Advisory Committee for inclusion in the annual HCD NOFA, and to be considered when evaluating project proposals in developing funding recommendations. The annual Notice of Funding Availability(NOFA) will outline the eligibility criteria and local priorities, the NOFA is developed by the TAC, and approved by the HCD Advisory Committee prior to being released. The NOFA identifies the local priorities, funding categories, and fair share amounts reserved for participating jurisdictions. The TAC shall review and evaluate all Project Proposals and make funding recommendations to the HCD Advisory Committee. Project Proposals must meet the HUD eligibility criteria within one of the funding categories contained in the NOFA. All Proposals for Public Service must be submitted directly to the County. Annual funding shall be reserved in equal amounts for each of the participating jurisdictions for up to two eligible capital projects in each of the participating jurisdictions, (estimated to be approximately$60,000.00 to $70,000.00),pending funding availability. Jurisdictional reserves will not be carried over from year to year to ensure funds are spent in a timely manner. When such capital funds are not expended they will be used to supplement the Development Category of funding, if they are not expended in the agreed upon project's contract term between the City and the County. The County will evaluate the City's timely expenditure of funds to ensure the County is in compliance with HUD before recommending funding for a capital project. Review and comment on City proposed projects shall be to determine HUD eligibility and timely expenditure of funds. 9. Grant Disbursement. a. City understands and agrees that CDBG and HOME funds disbursed under this Agreement are the obligation of County and that such obligation of the County is 185 dependent upon the qualification of the County as an Urban County applicant and upon the availability of federal funds to implement Title I of the Act. b. Funds disbursed to the City and other subrecipients will be expended on eligible activities as described in the HCD Consolidated Plan, and the 2016-2020 Consolidated Plan will be reviewed and approved by the HCD Advisory Committee, and also approved by the County Board of Supervisors. The County and City shall develop the goals of the Five Year 2016-2020 Urban County Consolidated Plan to establish the goals, and guide the implementation of the HCD Program. The existing 2010-2015 Consolidated Plan includes goals and strategies to address housing and community development needs in the Urban County. The HCD Consolidated Plan 2010-2015, as approved by the HCD Advisory Committee, the Board of Supervisors, and HUD, identifies the following Goals in its Strategic Plan: 1. Assist in the creation and preservation of Affordable housing for lower income and special needs households. 2. Support activities to end homelessness 3. Support activities that provide basic services, eliminate blight, and/or strengthen neighborhoods 4. Promote environmental sustainability C. In addition, a Local Priorities Plan for the Urban County, including evaluation criteria,will be evaluated annually by the TAC and approved by the HCD Advisory Committee for incorporation into the NOFA d. Parties hereto agree that Urban County funding will be prohibited for activities in or in support of any participating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. e. After the deadline for submission of Project Proposals, the Urban County TAC will evaluate on a competitive basis the Project Proposals according to the goals, strategies, priorities, and criteria noted above and develop recommendations on projects to be funded. City sponsored Project Proposals will be evaluated for HUD eligibility only. These recommendations will be reviewed by the HCD Advisory Committee for recommendation to the Board of Supervisors and forwarded to the Board of Supervisors for final approval. f. Prior to final approval by the Board of Supervisors and submittal to HUD for funding, the Urban County TAC report and the HCD Advisory Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. The Board of Supervisors will make final decisions regarding all applications. 186 g. Upon approval of the CDBG and HOME application and the release of funds by HUD, the City and other subrecipients may begin implementation of approved activities. Information on the progress of approved activities will be submitted to the County on a quarterly basis during the program year the activities are being carried out. This information will be included in the Urban County's monitoring reports which are reviewed by HUD during the program year. Projects which fail to meet schedules according to the approved time schedule will be evaluated for compliance. 10. Areas of Housing Authority Operation. Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the City may have with the Housing Authority of the County of Santa Clara(HACSQ. 11. Services,Equipment and Property; Reimbursement. County shall provide or be primarily responsible for providing the services, equipment and other property necessary for the planning, preparation and filing of the CDBG application and for the administration of the grant funds subject to the right of the County to seek reimbursement for actual expenses and costs of furnishing such services, equipment and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein-above described shall belong to County during the term of this Agreement and after its termination. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions of OMB Circular A-102 Attachment N, Property Management Standards. 12. Program Income. a. On an annual basis, the County shall report to the TAC and HCD Advisory Committee any revenue directly generated from the use of CDBG funds. Any such revenue is included as available funds for the following funding cycle and thus shall be subject to regulations and reported to HUD. b. The County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate record keeping. 13. Revolving Loan Fund. 187 a. The County is allowed to retain a separate fund in conjunction with a single family home rehabilitation program for eligible activities in accordance with all CDBG requirements as may apply. The Revolving Loan Fund must be held in an interest bearing account and the interest must be remitted to HUD annually b. Eligible activities for single family home rehabilitation may be funded through loans. The loans, in turn, generate payments to the Revolving Loan Fund for use in carrying out the same activities. 14. Records. City and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec 570.503 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HUD. All such books, records, files and accounts shall be made available for inspection at reasonable times and places by authorized representatives of City, County, and HUD or any other person authorized by the Act or the Regulations. 15. County Disbursement of Funds. The Director of Finance of the County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by the County. 16. Contractual Obligations. It is expressly understood and agreed that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no responsibility nor liability towards City for any failure to include City in the application as a result of City's failure to supply County with information necessary to prepare and file the application, or as a result of City's failure to supply County with such information, upon designated dates, or as a result of City's failure to comply with the Act and the Regulations. 17. Indemnification. 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 the County 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 by Government code Section 810.8) occurring by reason of the negligent acts or 188 omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such party under this Agreement. No party, nor any officer, board member, employee 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 parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act,Application, Regulations or other applicable laws relating to this Agreement delegated to such other parties under this Agreement. 18. Discretionary Actions. Nothing herein contained shall be construed to prohibit the City from exercising its discretion on any legislative quasi-judicial and/or administrative matter(including but not limited to any action involving zoning of General Plan amendments). Nothing herein shall compel the City to take any action on any matter save and except as expressly required in this Agreement. It is understood and agreed that the City does not by this Agreement commit itself or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this Agreement. 19. Timeliness. When any action is required hereunder upon request for action on a document or material furnished by the County to the City said request for action on a document or material shall be furnished at least 30 days prior to the date said action is required in order to allow sufficient time for the City to review and act on said document or material. Time is of the essence in this Agreement. 20. Severability. Should any part, term,provision of this Agreement be judicially determined to be illegal or in conflict with any law of the State of California or any law of the United States, or should any part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 21. Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 22. Notices. 189 Any notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by certified mail, return receipt requested. Each party may change its address by written notice in accordance with this Section. IN WITNESS WHEREOF,parties hereto have executed this Agreement on the dates set forth below. CITY/TOWN OF COUNTY OF SANTA CLARA By: By: Mayor(Print name) Mike Wasserman, President City/Town Council Board of Supervisors Attest: Attest: By: By: City/Town Clerk Clerk, Board of Supervisors Approved as to form and legality: Approved as to form and legality: By: By: City/Town Attorney Deputy County Counsel Date: Date: 190 COUNTY OF SANTA CLARA In I O.. 1850 Q Notice of Funding Availability (NOFA) General Information and Instructions Department of Planning and Development Office of Affordable Housing Housing and Community Development Program FY 2015 Community Development Block Grant (CDBG) HOME Investment Partnership Program (HOME) Programs NOFA Released: Wednesday, October 30, 2013 Workshop for Applicants: Tuesday, November 12, 2013 — 1:30pm Application Deadline: Monday, December 9, 2013 - Spm The Urban County consists of: The Unincorporated reas o a a ara County and the Cities of: Campbell Los Altos Los Altos Hills Los Gatos Monte Sereno Morgan Bill,and Saratoga CDBG/HOMEArOFA rage I of I2 FY14115 191 ITTRODUCTI® . The County of Santa Clara will begin:accepting applications for the FY 14115 Community Development Block Grant(CDBG) and the HOME Investment Partnership Program (HOME) Programs. The Cities of Campbell, Los Altos, Los Altos Hills, Los Gatos,Monte Sereno, Morgan Hill and Saratoga participate with the County of Santa Clara as an Urban County Cities. NOTE: The funding amounts listed below may change and funding may be delayed based on the final Federal Budget approved by Congress. CDBG and HOME funds will be awarded on a competitive basis. Estimated CDBG Grant Funding and Program Income for FY14/15: $1,469,642 CDBG Grant Amount $ 49,800 Program Income Total $1,519,442 Estimated HOME Grant Funding and Program Income for FY14/15: $420,096 HOME Grant $255,985 HOME Program Income Tota[: $676,081 DEADLINE_for submitting completed online applications is December 9 2013 S rn at the CityData Online Grant Application System. ® 11nP App1* flo Instructions The FY 15 CDBG and HOME Grant Funding NOFA and Application are available on the Office of Affordable Housing website located at: 1 octal/site/oan Application must be submitted online at:wwwxitydataservices.net. m New Applicants: Go to www.cilydataservices.net, log in with SCC2015 as both User ID and Password. Fill out the short form to be issued a unique User ID and Password. Log out and then log back into WWW.Cilyqgtaservices.net and use the new user ID and Password. Existing CDBG/HOME Agencies: Go toand log in with your existing Agency User ID and Password. There will be instructions on how to access the CDBG/HOME Application. Contact: Trac .Cunnin ham IL—c 9®v.or (408)299-5765 County of Santa Clara Page 2 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 192 CDBG & ROME ;NOFA REQUIREMENTS Fundi<n Ava11abi gltty and CategOr>les The Community Development Block Grant(CDBG) and HOME Investment Partnership Program (HOME)are federally-funded programs administered by the County of Santa Clara(County). The Cities of Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill and Saratoga participate with the County to make up the "Urban County". It is anticipated that for FY 2014115 the County will receive an estimated $1,469,642 million in CDBG funds and$420,096 in HOME funds. The CDBG allocation will be combined with approximately$49,800 in program income from previous years, while the HOME allocation will be combined with approximately$255,985 in program income. The creation and preservation of affordable housing for extremely low-income, lower-income and special needs households is a high priority in the Urban County's 5-year Consolidated Plan (2010-2015)as approved by the Board of Supervisors. The CDBG/HOME Program has four major funding categories contained in this NOFA: • Affordable Housing Development/Rehab. This funding category is allocated 85%of the Urban County's total grant for creation of affordable housing units, physical improvement projects, housing rehabilitation activities serving low-and moderate-income,and special needs residents. ® Public Services (PS): This funding category is allocated up to 15%of the Urban County's total grant allocation. • Public Benefit/Capital Activities. HUD National Objectives All CDBG/HOME funded projects must meet one of the three HUD National Objectives in order to be eligible as required under Federal Regulations 570.208: ® Activities benefiting low and moderate income persons. ® Activities which aid in the prevention or elimination of slums or blight. ® Activities designed to meet urgent community development needs. Consolidated Plan Priorities In addition, all proposed CDBG/HOME projects must meet one or more of the four County 5-year Consolidated Plan (2010-2015) Goals: Goal 1 -Assist in the creation and preservation of affordable housing for lower income and special needs households. Goal 2 - Support activities to end homelessness. Goal 3 - Support Activities that provide basic services, eliminate blight, and/or strengthen neighborhoods. Goal 4 - Promote environmental sustainability. The 5-year Consolidated Plan was approved by the Board of Supervisors on April 27, 2010. County of Santa Clara Page 3 of 12 Rev.2013 CDBG/"OMI NOFA FY 2015 193 Category 1.CDBG Affordable Housiag )ev 1ovinent/ Rehabilitati! Only a local development corporation, a neighborhood-based non-profit organization pursuant to HUD regulations (24 CFR570.204), may apply for these funds. 1. Acquisition of existing property for an eligible rental or ownership housing project,to benefit low, very low, and extremely low-income households to obtain affordable housing. New Construction is not el igible. 2. Acquisition with Rehabilitation and/or conversion involving acquisition of mobile home spaces or existing buildings appropriate for conversion to rental housing which directly increase the supply of new affordable housing units which benefit low, very low, and extremely low-income households. Lead Based- Paint mitigation if necessary. 3. Single-Family Rehabilitation for health and safety of low-income, owner-occupied, residential units, or retrofitting of low-income residential units for universal access and/or environmental sustainability. Priority will be given to projects which demonstrate: Units reserved for extremely low-income units (ELI) dedicated to the chronically homeless. Projects for the chronically homeless should target units at 15%of the Area Median Income(AMI) and the applicant is encouraged to partner with an agency that has access to subsidies and services. Benefit lower-income seniors, families,the disabled, at-risk youth, the homeless, victims of domestic violence, and Tarin workers in securing safe and affordable housing. Affordability Restrictions 55 years. Acquired units must remain affordable for a minimum of 55 years. ® Projects which can obtain a"Certificate of Occupancy"within 2-years of County funding. ® Projects which include Lead based Paint remediation/mitigation. categoryI. CDBG Publieeirvi'es The minimum allocation for public service grants will be $10,000, as funding permits Priorities for Public Service.Activities are: Housingservices ervices that benefit extremely low-income and special needs households/persons. a Homelessness: o Full-service multi-disciplinary programs. o Full-service multi-disciplinary outreach programs that lead to permanent supportive housing. ® Including outreach workers to outreach and engage homeless individuals living on the streets and in encampments, shelter beds with a permanent housing component, case management services, and deposit/rental assistance. County of Santa Clara Page 4 of 12 Rev.2013 CDB G/HOME NOFA FY 2015 194 o Full-service program(s) for homeless families: ® Including victims of domestic violence, and youth, including shelter beds, case management, and depositirental assistance. ® Senior Services: Isolation prevention activities for seniors, including door-to-door transportation, home delivered meals, legal services, and other results oriented activities. ® Local Priorities: Social Services which benefit seniors,the disabled, youth, homeless, farm workers, and/or victims of domestic violence in the Urban County jurisdictions. • Fair Housing Services: Fair Housing services include Housing Discrimination, Fair housing investigation,Enforcement of fair housing laws by conciliation, mediation or prosecution, outreach and education for all population groups, counseling, and tenant-landlord mediation. Fair Housing may be funded whole or in part from either the public service or administration. grant. Priority will be given to programs which demonstrate: Agencies with full-service programs which take the Housing First Strategy and focus on "ending" homelessness versus managing homelessness. Program design should focus on permanent supportive housing for the homeless. ® Agencies whose services will benefit special needs households/persons directly in the Urban County jurisdictions. + Agencies with projects/programs that develop a direct referral process with a Santa Clara County Department, such as, Probation, Corrections, Mental Health, Health and Hospital, and Dept. of Alcohol and Drug Services. Persons served must meet income guidelines and be residents of the Urban County at the time of intake. In addition,priority will be given to projects/programs that are able to develop a direct referral process with a Santa Clara County Department. III CVOG Vrban bounty Caty Reseryat on Public Benefit/Capital Activities: Eligibility in this category is reserved for the Urban County Cities only. A reservation of equal funding amounts estimated at$70,100 pending formula and funding availability for each participating jurisdiction. Projects must be HUD eligible and in low-income HUD designated census tracts, and may include, but are not limited to, improvements to infrastructure and neighborhood facilities benefiting low-income areas, low-income households, seniors, and/or severely disabled adults. Some example of these types of improvements are, but not limited to,barrier removal for severely disabled adults and seniors, to provide access to Public Facilities, curb cut installation, security devices installed in a public facilities, or targeted code enforcement in identified low- income census tracts. Limit of two projects per jurisdiction. Projects need City/Town Council approval. County of Santa Clara Page 5 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 195 Ci~g®tai IVICDME' DING .Affordable Housing Development and Other Activities; HOME funds may be used to finance pennanent residential structures if 1)the new construction meets a HUD national objective, and 2) funds are used by a local development corporation or a neighborhood-based non- profit organization pursuant to HUD regulations (24 CfR570.204). Acquisition for new construction of rental units for, extremely low-income households is the highest priority. Homeownership opportunities for the same target population. ® Acquisition with rehabilitation and/or conversion involving acquisition of land, mobile home spaces, or existing buildings, appropriate for conversion to rental housing or which directly increase the supply of new affordable units. Acquisition and new construction projects must have support in writing from the local jurisdiction. * Rehabilitation for health and safety of low-income owner-occupied, residential units, or retrofitting of low-income residential units for universal access and/or environmental sustainability. Single-family, or multi-family. Additional HUD Regulations for those seeking a grant or loan from HOME funds are: All necessary financing is secure. * A budget and production schedule is established w Underwriting and subsidy layering is completed ® Construction is expected to start within 12—months HOME funds priority will be given to projects which demonstrate: Units reserved for extremely low-income units (ELI) dedicated to the chronically homeless. Projects for the chronically homeless should target units at 15%of the Area Median Income (AMI)and the applicant is encouraged to partner with an agency that has access to subsidies and services. Benefit lower-income seniors, families,the disabled, youth,the homeless, and farm workers in securing safe and affordable housing. ® Affordability Restrictions 55 years. Acquired units must remain affordable for extremely-low and very- low income persons for at least a 55-year period. ® Assist lower-income seniors, families, the disabled, youth, the homeless, and farm workers in securing safe and affordable housing. ® Projects which can obtain a"Certificate of Occupancy"within 2-years of county funding. Projects which include Lead based Paint remediation/mitigation. County of Santa Clara Page 6 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 196 General Elig b l ty Requll ° mP_ Minimum Entry Criteria At a minimum, all applicants must meet the following threshold requirements: a Be a public entity or a non-profit organization 501 (c)(3); 0 Projects seeking CDBG funding must address one of the three "national objectives" and one of the four County's Consolidated Plan goals; ® The activity proposed must qualify under one of the funding priority projects as summarized above, o Projects seeking HOME funding must have 1. A minimum leverage of 20%of committed or pending funds from other funding sources; 2. Proof that all necessary financing has been secured, 3. A budget and production schedule established, d. Underwriting and subsidy layering completed, and 5. Construction is expected to start within 12—months Y Have a strong emphasis on concrete measurable outcomes. In addition to the basic threshold requirements listed above, all non-profit organizations applying for funding must meet the following Organizational Requirements: Governing Body Governing of the organization should be vested in a responsible and active voluntary Board that meets at least quarterly and establishes and enforces policies. The Board should be large enough and structured as to be representative of the community it serves. Personnel The organization must provide for adequate administration of the program to ensure the delivery of services. One person should be designated as the director of the organization. If the project is awarded funding, the organization must provide a copy of its Personnel Policies and Procedures,which must include policies prohibiting discrimination, conflict of interest, grievance procedures, and affirmative hiring practices. CDBG2an&H _.ME EVALUATION PROLES Major Criteria Listed below are some of the major criteria which will be used in the evaluation and selection of proposed projects for CDBG/HOME funding: ® Extent of benefit to very low income and extremely low-income individuals and households,with priority being the extremely low-income (individuals and families at 30%or below of the County median income). County of Santa Clara Page 7 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 197 * Demonstration of the project's or programs benefit to the County's special populations—extremely low income seniors, the homeless and chronically homeless individuals and families, at-risk youth, victims of Domestic Violence, and persons with disabling conditions. Projects that establish a direct referral process with Santa Clara County Departments will be given priority. A disabling condition, for the purposes of this NOFA, is defined as a physical disability, mental illness, severe depression, alcohol or drug abuse, chronic health problems, HIV/AIDS, Tuberculosis, Hepatitis C, trauma, or a Developmental disability. Demonstration of local support from jurisdictions where the project will be located or where the project will have its primary impact. * Extent of benefit to Urban County communities and residents. Evidence of the project feasibility. ® Agency's track record in implementing the proposed project or similar projects. ® Consistency with the goals, objectives, and strategies of the County's Consolidated Plan. ® Feasibility of project being implemented and completed within the next fiscal year(July 1, 2014 to June 30, 2015). Projects which can obtain a"Certificate of Occupancy"within 2-years of County funding. ® Extent to which project addresses the needs of special population groups as identified in the Consolidated Plan such as the physically or mentally disabled, victims of domestic violence, homeless individuals and families and the chronically homeless. Project or service should not be a duplication of services currently being provided by the jurisdiction or another service provider that currently serves the jurisdiction. * Projects ability to comply with HUD Regulations S>uiimary?of]Eyaluailaoa;Process The following evaluation criteria will be used to evaluate project applications. The following criteria and the weighting of scores will be used during the rank and review process: Criteria Weight Project Eligibility* Pass/Fail Organizational Capacity and Experience 25% Program Design, Goals and Outcomes 40% Budget and Fee Structure 10% Audit Review" Pass/Fail Local Priorities 25% Past Performance Pass/Fail/NA County of Santa Clara Page 8 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 198 The project applications will be reviewed by: 1. Technical Advisory Committee (TAC) - County Office of Affordable Housing Staff and a representative from each participating city/town. Recommendations from the TAC are forwarded to: 2. Housing and Community Development Advisory Committee (HCDAC) ® One member of the County of Santa Clara Board of Supervisors, Chair; • One member of the City Council from each participating jurisdiction; ® One citizen selected by the City Council from each participating jurisdiction; • One citizen representing each Supervisorial District. Recommendations of the HCDAC are forwarded to: 3. Board of Supervisors of the County of Santa Clara, and then to: 4. U. S. Department of Housing and Urban Development(HUD)for final approval. =, APPLiICATION TIMELINE and PROCESS ' ACTIVITY DATE and TIME HCDAC meeting to approve FYI 4/15 CDBG and HOME NOFA October 9, 2013 Release of NOFA for FY 14/15 CDBG and HOME funding October 30, 2013 Workshop for Agencies applying for CDBG/HOME funds. November 12th Santa Clara County Training & Conference Center 2310 N. First Street, Suite 102 San Jose, CA 95132 Training Room I Application Deadline for CDBG and HOME Funding. December 9,2013, Spm Tentative HCDAC Meeting#1: Applicant.Interviews and January 28, 2014, 5:30pm (Tentative) Presentations Meeting. Mandatory Applicant Presentation Location TBD Tentative HCDAC Meeting#2: Final Funding Recommendations February 19, 2014, 5:30 (Tentative) Location TBD Hearing before the Board of Supervisors to approve funding March or April 2014 recommendations for CDBG and HOME program and the Annual 9:30 Time Certain Action Plan. Approved Annual Action Plan due to HUD May 15, 2014 County of Santa Clara Page 9 of 12 Rev.2013 CDBG/HOME NOFA FY 2015 199 DEFINITIONS Affordable Rousing Development Acquisition/predevelopmeiat/rehabilitatioia/pet•i-nanent financing of units for residential use that will increase the supply of affordable Dousing. Funds can only be used for the housing development portion of the project. Examples of Housing.Projects: ® Costs directly associated with acquisition, for example, loan fees,title fees, legal fees, and appraisal costs ® Architectural, engineering, and design costs of the housing portion of a project. Permanent financing Exam les of Non-HousingProject{and therefore not eligible): m Costs associated with a community center within a housing project ® Costs associated with the ground breaking ceremony for a project Special Needs Populations- * Chronically Homeless • Homeless Individuals and Families Very low income, extremely low income ® Low income agricultural workers ® Mentally disabled ® Physically disabled Seniors ® Victims of Domestic Violence ® Veterans Youth Lgcal Prl©rifies ` . JURISTICTION PRIORITIES CONTACT INFORMATION Campbell Targeted code enforcement in low/moderate income TBD neighborhoods,designed to insure that the health&safety of residents are met.An ADA Transition Plan is in place to help identify improvements which remove material and architectural barriers that restrict mobility or accessibility of elderly or severely disabled persons. These activities are eligible for funding under the Public Benefit Capital Activities Cate o Los Altos Improvements that provide for safe,attractive and efficient Dave Brees(650)947-2888 access for severely disabled adults and seniors. These DBrees@losaltosca.gov activities are eligible for funding under the Public Benefit Capital Activities Cate or . Los Altos Hill TBD at later date. Los Gatos 1) Senior Adult Care Services: Adult daycare activities for Erwin Ordonez(408)354-6806 low-income severely disabled adults and less independent Eordonez@losgatosea.gov low-income seniors. Services include individualized and structured activities such as physical activity, education, basic health monitoring,nutritional meals, assistance with personal care and by iene,fan oily and care fiver County of Santa Clara Page 10 of 12 Rev.2413 CDEG/HOME NOPA FY 2015 200 counseling,community resource referrals,collaboration with other community-based organizations,and transportation services such as Outreach para-transit. Activities that are housing related and or have demonstrated a partnership with housing providers will be givers priority. These activities are eligible for funding under the Public Service Category. 2)ADA Improvements: Improvements which remove material and architectural barriers that restrict mobility or accessibility of elderly or severely disabled persons. These activities are eligible for funding under the Public Benefit Capital Activities Category. Monte Sereno TBD at later date. Morgan Hill 1) Accessibility for Severely Disabled Adults, Seniors, Sydney Stone(408)779-7240 Domestic Violence services,Youth and Senior Services Sydney.Stone@morganhill.ca.gov as documented in the Consolidated Plan and Needs Assessment Process.Activities that are housing related and or have demonstrated a partnership with!rousing providers will be given priority. These activities are eligible,for funding under the Public Service Category. Safety and Security Improvements: Improvements which remove Material and architectural barriers that restrict mobility or accessibility of elderly or severely disabled persons. The safety and security relates to"devices"and is not restricted necessarily to ADA or elderly person accessibility and mobility, fostering a sense of safety and security through security devices benefiting low and. moderate income persons or neighborhoods including the elderly or severely disabled persons. These activities ' are eligible for,funding under the Public Benefit Capital Activities Category. Saratoga 1)Senior Adult Care Services: Adult daycare activities for Cynthia McCormick low-income severely disabled adults and less cmccorrnick@saratQga.ca.us independent low-income seniors. Services include (408) 868-1230 individualized and structured activities such as physical activity, education, basic health monitoring,nutritional 40. meals,assistance with personal care and hygiene, family and caregiver counseling,community resource referrals, collaboration with other community-based organizations,and transportation services such as Outreach para-transit. Activities that are housing related and or have demonstrated a partnership with housing providers will be given priority. These activities are eligible for funding under the Public Service Category. County of Santa Clara Page 11 of 12 Rev.2013 CD13G/I-10ME NOFA FY 2015 201 2) Emergency Assistance Services: Basic human need services for low-income seniors, low-income single adults, and low-income families in Saratoga including: access to food,assistance with rent,deposit, or utility payment,and the case management services. Activities that are housing related and or have demonstrated a partnership with housing providers will be given priority. These activities are eligible for funding under the Public Service Category. 3)ADA Improvements: Improvements which remove material and architectural barriers that restrict mobility or accessibility of elderly or severely disabled persons. These activities are eligible for funding under the Public Benefit Ca ital Activities Cate ary. County 1.Activities that relate to Permanent Supportive Tracy Cunningham (408)299-5796 Housing. Tracy.cunningham@pin.scegov.org 2.Activities that benefit extremely low-income and special needs households/persons. 3. Activities that benefit seniors,the disabled,youth, chronic homeless, homeless,farm workers,and/or victims of domestic violence in the Urban County jurisdictions 4. Fair Housing OTHER REQUIREMENTS ® Agencies expecting to enter into contracts with the County will be required to complete forms for and comply with the Contracting Principles adopted by the Board of Supervisors in October 1997, have proof of appropriate insurance, and disclose faith.-based status. Appropriate insurance is required on all projects and performance and payment bonds covering 100% of the construction costs are required on all construction projects. County of Santa.Clara Page 12 of 12 Rev.2013 CDBG/HON.€B NOFA FY 2015 202 SSA SARATOGA CITY COUNCIL MEETING DATE: June 18,2014 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Brian Babcock DIRECTOR: Dave Anderson Administrative Analyst I SUBJECT: Fall 2014 Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: The Saratogan is one of the methods the City uses to improve communication with residents and ensure the public has access to useful and important information. The City has published a wide range of articles in previous issues, ranging from public safety articles to water conservation tips to updates on City projects. Since the start of the 2010/11 budget, The Saratogan has been incorporated into the Saratoga Recreation Activity Guide to save the City money on mailing expenses. Beginning this fiscal year, The Saratogan will be published four times a year instead of three now that the Recreation Activity Guide is being printed quarterly. The Summer 2014 issue of The Saratogan was mailed to residents at the end of March and presented articles under the theme of "Caring for the Environment." The newsletter featured articles on Saratoga's Arbor Day event, tree and bench dedication program, and the new waste collection contract. The newsletter also featured a story on water conservation tips, articles on new Saratoga Librarian Allison Parham and retiring City Manager Dave Anderson, a City contacts list and an "Ask Our Staff' featuring Community Development Department Director James Lindsay. During the City Council's April 16, 2014 meeting, some Council Members expressed their desire to see the next Saratogan focus on general information on Saratoga, including the City Council, City departments, service providers and community values. Staff has come up with preliminary topics for the Fall 2014 issue of The Saratogan, which will be mailed to residents at the beginning of August. Staff proposes the theme "Know Your City" along with the following articles: Primary article topics: • City Council and Commissions • City Manager's Office (Including information on services and programs) • Public Works Department(Including information on CIP projects) • Community Development Department (Including information on the Housing Element) Page 1 of 2 203 • Recreation Department (Including information on various camps and programs) • Finance Department(Featuring information on the Fiscal Year 2014/15 budget) Secondary topics: • Profile on the new City Manager • A summary of the City's service providers including the Sheriff's Office, County Fire, Animal Control and others To ensure that The Saratogan meets the expectations of the City Council, staff is seeking input for the Fall issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will move forward without Council input on the theme, article topics, or other aspects of the Fall issue of The Saratogan. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING,NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A:The Saratogan 2014 Summer Issue Page 2 of 2 204 L��y o{ SARgT�9 THE 1956 call FORN�PSAR,.-ATO GAN SUMMER 2014 Showing Care and Appreciation for Saratoga's Environment Former President Theodore Roosevelt once said,"To exist as a nation,to prosper as a state,and to live as a people,we must have trees." Trees produce oxygen, give shade, muffle noise, clean soil, and are aesthetically pleasing. Studies have found that trees can reduce a cities crime rate. That could be one of the reasons why the City of Saratoga was named the 12th Safest City in America by NeighborhoodScout.com. And once a year Saratoga residents come together to thank and celebrate trees for all that they give. Y� The City of Saratoga is hosting its 2014 Arbor Day event on Tuesday, April 22, at 3:45 p.m. at Saratoga City Hall, 13777 Fruitvale Avenue.Come help plant an oak tree during the event and learn more on how to care for trees on your property. City Arborist Kate Bear will be on-hand to discuss tree care. The Master Gardeners of Santa Clara County will provide information on sustainable and drought- resistant gardening.PG&E,which is donating the oak tree,will explain the best types of trees to be planted near power lines. West Valley Collection and Recycling will be offering free compost and its new"Residential How-To Guide" that explains what should go in garbage,recycling, and green waste containers.Representatives from the West Valley Clean Water Program will also be at the event and giving away fly swatters and plants that deter bugs. Children in kindergarten through 12th grade are invited to create posters around this year's theme: "We Love Trees." Contest winners will be named at the event and given a $50 gift certificate to a Saratoga business. For more information on the event and the poster contest,visit www.saratoga.ca.us/arborday. This issue of The Saratogan focuses on caring for and celebrating Saratoga's environment.Read about: ® The newwaste collection contract between the West Valley cities and West Valley Collection and Recycling. The contract allows residents to recycle many more items than before. 13 Saratoga,along with other cities in California,is in its third straight year of drought.Learn how residents can do their part in limiting their use of water. Dedicate a Tree or Bench in a Loved Ones Name Residents can show their loved ones how much they care all year round by dedicating a tree or bench in their honor. Currently, trees cost $125 and plaques cost from $280 to$390 depending on the length of the message.Dedicating a bench costs$1,650 with plaques starting at $165. Visit www.saratoga.ca/dedication for more information on the Tree and Bench Dedication Program. More Items can be Recycled in New Waste Collection Contract The West Valley cities, including Saratoga, have a + - new waste collection contract with West Valley n a4& Collection and Recycling.That means a number of new service enhancements for residents. r The amount of items that canbe recycled has increased significantly,including pizza boxes and old cell phones. Cameras, DVDs, calculators, electronic cords and other e-waste can now be tossed into the recycle bin.However, computer monitors and towers, laptops and televisions can not go into your containers.Residents can get rid of used alkaline batteries by sealing them in a clear plastic bag and leaving them on top of their recycling cart. ', Fruits and vegetables from a garden can be thrown ' �'- into the yard trimmings cart along with branches, ivy, flowers, leaves, shrubs and tree trimmings that do not exceed two feet in length and three inches in diameter. West Valley Collection and Recycling is still offering residents an annual clean-up day.During the clean-up, items left on the curbside will be picked up free of charge. A notification of the scheduled will be mailed to residents a month ahead of the clean-up day. If you miss your day you can schedule a one-time reduced price bulky item collection for$20 by calling the waste company at(408) 283-9250. New "Residential How-To Guides" have been mailed to residents. ' If you did not receive yours, visit www.westvalleyrecycles.com to download a PDF copy or request aother printed copy be mailed to you. �£ Beginning this year,the West Valley Collection and Recycling fleet is being converted to compressed natural gas vehicles,thereby reducing greenhouse gas emissions. The transition to a full fleet of compressed natural trucks will take three years. To learn more, visit www.westvalleyrecycles.com or call West Valley Collection at (408) 283-9250. Watch a video with Council Member Howard Miller explaining the new contract by visiting www.youtube.com/CityHallSaratoga. Conserving Water During a Drought Santa Clara County has received some welcomed rain in recent J months, but that doesn't mean the drought is over. Continued dry weather has left local resevoir levels very low. The worsening water supply prompted the Santa Clara Valley Water District Board of Directors to call for a 20 percent water reduction target. Here are some tips residents can do to help conserve water in their homes: _;A�• ® Only wash fulls loads of laundry ® Plant local, drought tolerant plants and only water when needed ® Purchase water-efficient technologies,like low-flow toilets For more information and tips,visit www.valleywater.org. 206 n February, the Santa Clara County Library District ' lA Iselected Allison Parham as the Saratoga Community Librarian after a nation-wide search. AIF FkSY RF A DF Allison has been with the Library District since 2005, most recently as the Supervising Librarian of Adult e. and Teen Services for the Campbell Library. She had been the acting Community Librarian in Saratoga since October 2013. She is committed to furthering the Library District's mission. Part of that mission is providing a positive patron experience, ensuring equal and open access to Community Librarian Allison Parham a relevant and diverse collection, and fostering lifelong learning. Promoting innovation, collaboration, and developing beneficial programs and services are also high priorities. For more information on the Saratoga Library,visit www.sccl.org/saratoga. After 14 years with the City of Saratoga, City Manager Dave Anderson announced his retirement in January. His last day with the City will be July 23,2014. Dave's father was an elected official, and so he was exposed to government at an early age. That early education not only inspired his professional life,but also taught him the value of strong bonds with residents,staff, and City Council Members.When Dave was hired in 2000 he immediately went to work creating new and lasting relationships with residents and other stakeholders City Manager Dave Anderson throughout the City. Dave worked closely with past and present City Council Members, building trust and confidence in each other that was apparent throughout his tenure with the City. That faith garnered a true partnership between the Council and staff and allowed for the accomplishment of a great deal together for the benefit of Saratoga residents. Some of those accomplishments include improvment of the City's infrastructure, such as streets, parks and facilities, as well as changing the culture of the Saratoga City government to provide excellent and responsive service to residents. Prior to his position with Saratoga, he had served as Assistant City Manager for the Town of Danville and Assistant to the City Manager for the City of San Jacinto.Dave received his Bachelor's degree in Urban Planning from The Evergreen State College in Washington and his Master's in Public Administration from the University of Washington. Although many people in the community know Dave for his position as a City Manager,most may not know about his love of photography and art. His mother is an artist and, so as a child he was exposed to art just as much as he was with government life.But now,in retirement,he just may have a little more time for his hobbies. 207 _+ Keep In Touch Important phone numbers residents should know and keep City Manager's Office Community Development Public Works City Manager: (408) 868-1216 Arborist: (408) 868-1276 Main Line: (408) 868-1239 City Clerk: (408)868-1269 Building: (408) 868-1269 Streets and Parks: (408) 868-1245 Event Permits: (408) 868-1275 Code Enforcement: (408)868-1214 Traffic: (408) 868-1258 General Planning: (408) 868-1222 Trails: (408) 868-1274 Public Safety Recreation Other Organizations County Fire: (408) 378-4010 Main Lines: (408) 868-1248 Senior Center: (408) 868-1257 Sheriff's Office: (408) 868-1249 Saratoga Library: (408) 867-6126 Emergency 911 Facilities and Chamber: (408)867-7818 Non-Emergency (408) 299-3233 Parks Rentals: (408)868-1259 Visit www.saratoga.ca.us for more information Remember to License Your Pets once you get that cute puppy or kitten home, getting a pet license for them may be the last thing on your mind.There's so many other fun things to do with pets: play with them, feed them treats, and watch the cute little guys sleep on your lap. But a pet license isn't just the law, it could be their ticket home if they ever dig out of the backyard or slip out the front door.The City of Saratoga contracts with San lose Animal Care and Services,which allows you to get your pet licensed online.Just visit www.sanjoseanimals.com and click on ,- "Pet Licensing." f A04r..Staff f g�.......s ........ .... . .eaturin , fames Lin.dsay....................... Have a question? Send your question(s)to bbabcock@saratoga.ca.us or(408) 868-1275. O: What are the keys to a successful and timely design-review approval and how can I avoid delays? �4: Saratoga's design review process is in place to help new and remodeled homes fit into existing neighborhoods. The City recently updated the Residential Design Review Handbook to help guide homeowners and design professionals through this process. The keys to success are to conduct a visual survey of your neighborhood to find common design elements, apply the techniques suggested in the Handbook, and ensure your application contains all the information requested by the City. The majority of project delays are caused by incomplete drawings and designs that do not fit in with the neighborhood. Planning staff is available to help homeowners and design professional through the process. Helpful documents can also be found at www.saratoga.ca.us/residentialdevelopment. James Lindsay is the Community Development Director for the City of Saratoga.Lindsay oversees City planning,building permits and inspections,code enforcement,and arborist services. °'saR,ro To learn more about The Saratogan, make comments, suggest story ideas, or just ask a question, 9 contact Brian Babcock at bbabcock@saratoga.ca.us or 408.868.1275.You can also find The Saratogan FoaNP online and sign up for email alerts at www.saratoga.ca.us/saratogan. nnn SARATOGA CITY COUNCIL MEETING DATE: June 18, 2014 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: League of California Cities Annual Conference Designated Voter RECOMMENDED ACTION: Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2014 League of California Cities Annual Conference. BACKGROUND: The League of California Cities Annual Conference is scheduled for September 3-5, 2014 in Los Angeles. As part of the Conference, League membership will consider and take action on resolutions that establish League policy. Consequently, each member city must designate a voting delegate and may appoint up to two alternate voting delegates, who may vote in the event that the designated voting delegate is unable to serve in that capacity. The League of California Cities requires cities to submit the names of their designated voters and alternatives by August 15, 2014. Both the voting delegate and alternate(s) must be registered for the conference. Mayor Emily Lo and Council Member Chuck Page have indicated an interest in attending the conference. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: A designated voter or alternate designated voter(s) will not be selected for the City of Saratoga and the City will be unable to vote upon resolutions that establish League policy at the 2014 Annual Conference. ALTERNATIVE ACTION(S): N/A Page 1 of 2 209 FOLLOW UP ACTION(S): Implement Council direction and inform the League of California Cities of the City of Saratoga voting delegate and alternate(s). 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: League of California Cities Memorandum on Annual Conference Designated Voters and Alternates Page 2 of 2 210 1400 K Street, Suite 400 • Sacramento, California 95814 LEAGUE Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org CITIES Council Action Advised by July 31, 2014 May 1, 2014 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference—September 3 - 5,Los Angeles The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday,August 15, 2014. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form,please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference,please go to our website: www.cacities.or . In order to cast a vote, at least one voter must be present at the -over- 211 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates,but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together,they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following times: Wednesday, September 3, 9:00 a.m. — 5:30 p.m.; Thursday, September 4, 7:00 a.m. —4:00 p.m.; and Friday, September 5, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658-8262. Attachments: • 2014 Annual Conference Voting Procedures • Voting Delegate/Alternate Form 212 LEAGUE T 1400 K Street, Suite 400 • Sacramento, California 95814 �`1� '�J Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA� ITIES www.cacities.org Annual Conference Voting Procedures 2014 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates;these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates,may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates,but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting,individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute,the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 213 l �L LEA1GUE CITY: CITIES 2014 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday,August 15, 2014. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting(General Assembly),voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative,the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals(voting delegates and alternates)who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE -ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday,August 15, 2014 League of California Cities FAX: (916) 658-8220 ATTN: Karen Durham E-mail: kdurham@cacities.org 1400 K Street, 4th Floor (916) 658-8262 Sacramento, CA 95814 214