HomeMy WebLinkAbout06-17-2015 City Council Agenda Packet1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
JUNE 17, 2015
SPECIAL MEETING – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY
HALL, 13777 FRUITVALE AVENUE
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.
ADJOURN TO CLOSED SESSION – 5:00 P.M.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957)
Title: City Manager
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code
Section 54956.9(d)(1))
Saratoga et al. v. California Department of Transportation (Santa Clara County Superior Court
Case No. 115CV281214)
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. Joint Meeting with the Santa Clara County Sheriff’s Office, Santa Clara County Fire
Department, and Santa Clara County FireSafe Council
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]
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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 12, 2015 at the City of Saratoga, 13777 Fruitvale Ave.,
Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
Signed this 12th day of June 2015 at Saratoga, California
Crystal Bothelio, City Clerk
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Santa Clara County Fire Department, Santa Clara
County FireSafe Council, &
Santa Clara County Sheriff’s Office
June 17, 2015 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Santa Clara County Fire Department &
Santa Clara County FireSafe Council Updates
6:25 p.m. Santa Clara County Sheriff’s Office Updates
6:45 p.m. Other Remarks & Wrap Up
Dinner is provided during the Joint Meeting.
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
Commendations for Sandra Tolbert and Marshall Lane
Elementary School
Staff Report 8
Attachment A - Commendation for Sandra Tolbert 9
Attachment B - Commendation for Marshall Lane 11
Commendation for Sean Murphy
Staff Report 12
Attachment A - Commendation for Sean Murphy 13
City Council Meeting Minutes
Staff Report 14
Attachment A - Minutes for the Special and Regular City
Council Meeting on June 3, 2015 15
Review of Accounts Payable Check Registers
Staff Report 25
06/02/2015 Check Register 26
06/09/2015 Check Register 31
Amended Agreement with Granicus
Staff Report 36
Attachment A - Amended Agreement with Granicus, Inc. 38
Landscape Maintenance Contract - Gachina Landscape
Management
Staff Report 45
Attachment 1 Bid Summary 47
Attachment 2 Contract 48
Landscape Maintenance Contract - Vista Landscape
Staff Report 86
Attachment 1 Bid Summary 88
Attachment 2 Contract 89
Resolution Updating the City's Records Retention Schedule
Staff Report 127
Attachment A - Draft Records Retention Schedule 128
Attachment B - Resolution 154
Resolution Updating Unrepresented Employees’ Compensation
& Terms of Employment
Staff Report 155
Resolution 156
Second Reading of Ordinance Establishing Tobacco Retailer
License Requirement
Staff Report 163
Attachment A - Ordinance Establishing Article 4-90
Tobacco Retailer License 164
Attachment B - Resolution Amending the Fiscal Year
2015/16 Fee Schedule 171
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Resolution Ordering Abatement of a Public Nuisance by
Removal of Hazardous Vegetation (Brush)
Staff Report 172
Attachment A - Resolution 174
Attachment B - 2015 Brush Abatement Program
Commencement Report 175
Attachment C - Sample Letters from Santa Clara
County Fire Department to Property Owners 176
City Code Update
Staff Report 191
Attachment 1 - Ordinance Amending City Code 198
Designation of League of California Cities Annual Conference
Voting Delegate and Alternates
Staff Report 215
Attachment A - League of California Cities Letter on
Annual Conference Designated Voters and Alternates 216
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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
The agenda for this meeting was properly posted on June 12, 2015.
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
1. Commendations for Sandra Tolbert and Marshall Lane Elementary School
Recommended action:
Present the commendations to Sandra Tolbert and representatives of Marshall Lane
Elementary School.
2. Commendation for Sean Murphy
Recommended action:
Present the commendation to Sean Murphy.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
JUNE 17, 2015
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SPECIAL PRESENTATIONS
None
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.
3. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on June
3, 2015.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
6/2/2015 Period 12
6/9/2015 Period 12
5. Amended Agreement with Granicus
Recommended action:
Authorize the City Manager to execute the amended agreement with Granicus, Inc.
6. Landscape Maintenance Contract - Gachina Landscape Management
Recommended action:
Approve a two-year contract with Gachina Landscape Management for monthly landscape
maintenance services in the amount of $124,692 per year and authorize City Manager to
execute the same.
7. Landscape Maintenance Contract - Vista Landscape
Recommended action:
Approve a two-year contract with Vista Landscape for monthly landscape maintenance
services in the amount of $60,219 per year and authorize City Manager to execute the same.
8. Resolution Updating the City's Records Retention Schedule
Recommended action:
Adopt the resolution updating the City’s Records Retention Schedule.
9. Resolution Updating Unrepresented Employees’ Compensation & Terms of Employment
Recommended action:
Move to adopt the Resolution approving compensation and terms of employment for
Unrepresented Employees.
10. Second Reading of Ordinance Establishing Tobacco Retailer License Requirement
Recommended action:
Waive the second reading, adopt the attached ordinance establishing Article 4-90 Tobacco
Retailer License in the City Code, and adopt the attached resolution updating the City Fee
Schedule for Fiscal Year 2015/16.
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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.
11. 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).
12. City Code Update
Recommended action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the attached ordinance amending various sections
of the City Code and direct staff to place the ordinance on the consent calendar for
adoption at the next regular meeting of the City Council.
OLD BUSINESS
None
NEW BUSINESS
13. Designation of League of California Cities Annual Conference Voting Delegate and
Alternates
Recommended action:
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2015
League of California Cities Annual Conference.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA Board West Valley Cities Alternate
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Authority
Vice Mayor Manny Cappello
Council Finance Committee
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
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Council Member Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Santa Clara County Library Joint Powers Authority
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
Saratoga Historical Foundation
Saratoga Sister City Organization
Council Member Rishi Kumar
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
Saratoga Chamber of Commerce & Destination Saratoga
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City
Council concurrently with the posting of the agenda are also available on the City Website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available
for public review at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior
to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting (28 CFR 35.102-35.104 ADA Title II)
Certificate of Posting of Agenda:
I, 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 12, 2015, 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 12th day of June 2015 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.saratoga.ca.us
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06/17 Regular Meeting – Joint Meeting with Sheriff Office, County Fire, and Santa Clara
County FireSafe Council
07/01 Regular Meeting – Study Session on FPPC Requirements
07/15 Meeting Cancelled
08/05 Meeting Cancelled
08/19 Regular Meeting – Joint Meeting Chamber of Commerce and Destination Saratoga
08/27 Study Session with Hakone Foundation on Hakone Master Plan – 4:00 p.m. –
Community Center, Multipurpose Room
09/02 Regular Meeting – Joint Meeting TBD
09/16 Regular Meeting – Joint Meeting with Youth Commission
10/07 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior
Center, Saunders Room
10/21 Regular Meeting – Joint Meeting with Historical Foundation
11/04 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board
of Trustees
11/18 Regular Meeting – Joint Meeting with Senator Beall Jr. or Assembly Member Evan Low
12/02 Regular Meeting – Joint Meeting with Hakone Foundation Board of Trustees
12/16 Regular Meeting – Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative
Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2015
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: Commendation for Sandra Tolbert
RECOMMENDED ACTION:
Present the commendations to Sandra Tolbert
School.
BACKGROUND:
Sandra Tolbert is a kindergarten teacher at Marshall Lane Elementary School in the Campbell
Union School District. Sandra is the 2014
also awarded the 2015 Goldin Award for Excellence in Education.
Marshall Lane Elementary School participates in the YMCA’s Project Cornerstone. On March
20, 2015, Marshall Lane won the Caring Elementary School Aw
ATTACHMENTS:
Attachment A – Commendation for Sandra Tolbert
Attachment B – Commendation for Marshall Lane Elementary
SARATOGA CITY COUNCIL
City Manager’s Office
Debbie Bretschneider, Deputy City Clerk
Sandra Tolbert and Marshall Lane Elementary School
Sandra Tolbert and representatives of Marshall Lane Elementary
Sandra Tolbert is a kindergarten teacher at Marshall Lane Elementary School in the Campbell
Union School District. Sandra is the 2014-15 Teacher of the Year for Marshall Lane and was
also awarded the 2015 Goldin Award for Excellence in Education.
Marshall Lane Elementary School participates in the YMCA’s Project Cornerstone. On March
20, 2015, Marshall Lane won the Caring Elementary School Award from Project Cornerstone.
Sandra Tolbert
Marshall Lane Elementary
and representatives of Marshall Lane Elementary
Sandra Tolbert is a kindergarten teacher at Marshall Lane Elementary School in the Campbell
cher of the Year for Marshall Lane and was
Marshall Lane Elementary School participates in the YMCA’s Project Cornerstone. On March
ard from Project Cornerstone.
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
SANDRA TOLBERT
WHEREAS, Sandra Tolbert has been teaching kindergarten at Marshall Lane
Elementary School in the Campbell Union School District for five years and
developing her leadership skills and outstanding teacher practices while building
strong relationships with others; and
WHEREAS, Sandra has shown leadership by representing her kindergarten
teachers team on various committees, has agreed to pilot the new Core Knowledge
English Language Arts curriculum, and has participated and is now leading the
school’s Positive Behavior Intervention and Support initiative; and
WHEREAS, for the past five years, Sandra has organized a student letter
writing campaign for the troops through the Blue Star Moms for Veteran’s Day and
Valentine’s Day; and
WHEREAS, for the 2014-15 school year, Sandra Tolbert is the Marshall Lane
Elementary Teacher of the Year and was nominated for Campbell Union School
District Teacher of the Year; and
WHEREAS, Sandra Tolbert has been awarded the 2015 Goldin Award for
Excellence in Education by The Goldin Foundation for Excellence in Education,
which is a non-profit dedicated to recognizing educators for their outstanding
achievements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby recognize Sandra Tolbert’s efforts to enrich and educate the
youth of Saratoga as a teacher at Marshall Lane Elementary School and congratulates
her on her awards.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this
17th day of June 2015.
___________________________
Howard A. Miller, Mayor
City of Saratoga
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
MARSHALL LANE ELEMENTARY
Recipient of Project Cornerstone
Caring Elementary School Climate Award
WHEREAS, Project Cornerstone was launched in 1999 and is an initiative by
the YMCA that helps youth grow into healthy and caring adults; and
WHEREAS, a parent volunteer submitted an application to Project
Cornerstone’s Asset Champions Awards demonstrating that Marshall Lane students
embody the values of respect, support, and kindness; and
WHEREAS, at the 2015 Asset Champions Awards, more than 900 people
attended and honored the individuals and organizations whose commitment to
building positive relationships with young people enable them to thrive; and
WHEREAS, on March 20, 2015, Marshall Lane Elementary in Campbell
Union School District received the Caring Elementary School Climate Award from
Project Cornerstone.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby recognize Marshall Lane Elementary School on its efforts to
create a positive environment for students and congratulate Marshall Lane Elementary
for earning the Project Cornerstone Caring Elementary School Climate Award.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this
17th day of June 2015.
___________________________
Howard A. Miller, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: Commendation for Sean Murphy
RECOMMENDED ACTION:
Present the commendation to Sean Murphy.
BACKGROUND:
Sean Murphy is a Saratoga resident who has volunteered to clean up the Saratoga Community
Gardens. He spent 72 hours working on the Community Garden
are greatly appreciated by the gardeners.
ATTACHMENTS:
Attachment A – Commendation for Sean Murphy
SARATOGA CITY COUNCIL
City Manager’s Office
Debbie Bretschneider, Deputy City Clerk
Sean Murphy
Murphy.
Sean Murphy is a Saratoga resident who has volunteered to clean up the Saratoga Community
Gardens. He spent 72 hours working on the Community Garden in El Quito Park and his efforts
gardeners.
Sean Murphy
Sean Murphy is a Saratoga resident who has volunteered to clean up the Saratoga Community
his efforts
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
SEAN MURPHY
WHEREAS, Sean Murphy is a Saratoga resident who, while walking his dog
near the Saratoga Community Garden in El Quito Park, noticed that the garden looked
unkempt from the outside; and
WHEREAS, Sean met with Facilities Coordinator Nina Walker to volunteer
his gardening skills to improve the appearance of the Garden; and
WHEREAS, after meeting with Thomas Scott, Michael Taylor, and Kevin
Meek at the Community Garden, Sean crafted a vision and strategy to clean up the
common pathways, disentangle the ivy choking the fences, take out weeds, and
dismantle old gardening structures; and
WHEREAS, Sean also worked with the community gardeners as an unofficial
master gardener, helping them with planting and growing questions; and
WHEREAS, Sean Murphy volunteered from the last week of March to May
20, 2015 for a total of seventy-two hours and is planning to continue a maintenance
schedule of once a week to check on issues at the Community Garden.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby recognize and thank Sean Murphy for his volunteer work and
contributions to the City of Saratoga Community Garden.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this
17th day of June 2015.
___________________________
Howard A. Miller, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the
2015.
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 are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for the Special
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
City Council Meeting Minutes
Approve the City Council minutes for the Special and Regular City Council Meeting on
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
gislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
Minutes will be retained for legislative history and posted on the City of Saratoga website.
Minutes for the Special and Regular City Council Meeting on June 3, 2015
on June 3,
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
gislative history and posted on the City of Saratoga website. The draft minutes are attached to
Minutes will be retained for legislative history and posted on the City of Saratoga website.
June 3, 2015
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MINUTES
WEDNESDAY, JUNE 3, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
At 5:30 p.m., the Saratoga City Council called to order the Joint Meeting with Saratoga
Neighborhoods in the Saratoga Senior Center at 19655 Allendale Avenue. Under Oral
Communications on Non-Agendized items, the following person requested to speak: Nai Hsueh,
Santa Clara Valley Water District Board of Directors.
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Miller called the meeting to order at 7:04 p.m. and Boy Scout Troop 535 led the Pledge of
Allegiance.
ROLL CALL
PRESENT Mayor Howard Miller, Vice Mayor Manny Cappello, Council
Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst
Adam Henig, Recreation Supervisor
Bridget Eddings, Recreation Coordinator
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
May 29, 2015.
REPORT FROM CLOSED SESSION
None
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Mayor Miller provided an overview of the City Council’s Joint Meeting with Saratoga
Neighborhoods.
Sujatha Bodapati spoke in opposition to a proposed Verizon cell tower, raised questions about
the rationale for the tower, and encouraged the City Council to consider amending the City of
Saratoga’s cell tower regulations to be more in line with the cities of San Jose and Cupertino.
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Pete Godbole also spoke in opposition to the proposed cell towers on Prospect Road, raised
concerns about the need for the towers, and proposed that the City Council adopt regulations that
increase setback requirements for cell towers.
Ying Ding spoke in opposition to the proposed cell towers on Prospect Road, commenting that
the additional towers are not necessary, raising safety concerns, and requesting that the Council
consider regulations similar to the cities of Cupertino and San Jose.
Vicky Lebler with Our Lady of Fatima Villa, announced the Pampered Pig events on June 27.
The events include the Flying Pig Stampede from 11:00 a.m. to 2:00 p.m. and the Royal Pig
Derby from 6:00 p.m. to 10:00 p.m. Both events include baby pig races. Information is online at
http://www.fatimavilla.org/node/296.
Arun Narayan spoke in opposition to the cell towers proposed for Prospect Road, stating the cell
towers will be unattractive and raising health concerns.
Ester D. spoke in opposition to the cell towers proposed for Prospect Road.
Mayor Miller thanked the members of the public who commented upon the cell towers proposed
for Prospect Road. He noted that the Planning Commission’s decision on the three cell tower
projects had been appealed and the appeal hearing would be coming before the City Council on
July 1, 2015. Mayor Miller encouraged the public speakers to return at the July 1, 2015 City
Council Meeting for the appeal hearing.
Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
None
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Kumar announced the Saratoga Young Coders Club for youth starting June 7,
2015 at the Joan Pisani Community Center and running every Sunday from 3:00 p.m. to 4:00
p.m. Information is online at www.tinyurl.com/Saratogaclass. Additionally, the monthly
Saratoga’s Got Bollywood open mic night at Blue Rock Shoot will take place on Friday, June 5,
2015. Information is online at www.tinyurl.com/Saratogabollywood. The City’s summer movie
night series will also be starting on June 19, 2015 in El Quito Park. The first event will feature
the Lego Movie.
Council Member Lo shared that the slides from the Crime Prevention Forum on May 19, 2015
hosted by the Santa Clara County Sheriff’s Office are now on the City’s website at
www.saratoga.ca.us/stayingsafe. Additionally, Saratoga Library is starting a new program that
will explore different cultures. The program will begin with several workshops on the Chinese
culture that will run from June 8 through June 20.
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Mayor Miller announced that there are still spaces available in City of Saratoga summer camps,
including Wild Coyotes for children between the ages of 6 and 10. Information is on the City
website at www.saratoga.ca.us/recreation or in the Recreation Activity Guide.
CEREMONIAL ITEMS
1. Presentation from West Valley Community Services and Commendation for Out-going
Executive Director, Naomi Nakano-Matsumoto
Recommended action:
Receive presentation from representatives of West Valley Community Services and present
commendation to Naomi Nakano-Matsumoto, out-going Executive Director of West Valley
Community Services.
Sujatha Venkatraman, Director of Stability Support Services, delivered a presentation on
West Valley Community Services to the Saratoga City Council.
Mayor Miller and members of the City Council presented a commendation recognizing
Naomi Nakano-Matsumoto, the outgoing Executive Director of West Valley Community
Services.
2. Special Presentation by Youth Commission and Commendations for Outgoing Youth
Commissioners
Recommended action:
Receive special presentation by Youth Commissioners and present commendations to Maya
Gupta, Allison Lin, Mihir Pandya, Summer Smith, and Jeremy Wang recognizing their
service on the Saratoga Youth Commission.
Members of the Saratoga Youth Commission delivered a presentation to the Saratoga City
Council about their efforts during the school year.
Mayor Miller and members of the City Council recognized the service of Youth
Commissioners Maya Gupta, Allison Lin, Mihir Pandya, Summer Smith, and Jeremy Wang
with commendations.
3. Appointment of Youth Commissioners and Oath of Office
Recommended action:
Adopt the attached resolution appointing 5 members to the Saratoga Youth Commission and
direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 15-031
CAPPELLO/LO MOVED TO ADOPT THE ATTACHED RESOLUTION
APPOINTING 5 MEMBERS TO THE SARATOGA YOUTH COMMISSION AND
DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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CONSENT CALENDAR
4. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on May
20, 2015.
CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON MAY 20,
2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
5. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
5/19/2015 Period 11
5/26/2015 Period 11
CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 5/19/2015 PERIOD 11;
AND 5/26/2015 PERIOD 11. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
6. Treasurer’s Report for the Month Ended April 30, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended April 30, 2015.
CAPPELLO/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED APRIL 30, 2015. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
7. Second Reading of Ordinance Amending Early Warning Fire Alarm System (Article 16-60)
Recommended action:
Waive the second reading and adopt the attached ordinance to revise the Early Warning Fire
Alarm System (EWAS) ordinance (Article 16-60).
ORDINANCE NO. 326
CAPPELLO/BERNALD MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ATTACHED ORDINANCE TO REVISE THE EARLY WARNING FIRE
ALARM SYSTEM (EWAS) ORDINANCE (ARTICLE 16-60). MOTION PASSED.
AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
8. ZAG Technical Services Support Contract
Recommended action:
Authorize the City Manager to enter into a three-year contract with ZAG Technical Services
for IT Support in an amount not to exceed $25,000 per fiscal year.
18
Page 5 of 10
CAPPELLO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A THREE-YEAR CONTRACT WITH ZAG TECHNICAL SERVICES
FOR IT SUPPORT IN AN AMOUNT NOT TO EXCEED $25,000 PER FISCAL
YEAR. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
9. Approval of TRAKiT Software System’s Interactive Voice Response and five-year
maintenance agreement
Recommended action:
Authorize the City Manager to
1. Enter into a contract to implement the TRAKiT Interactive Voice Response (IVR) voice
activated permit system module
2. Enter into a contract for a five-year maintenance and support agreement to support the
existing TRAKiT and new IVR software systems
Council Member Cappello removed this item from Consent Calendar to request additional
information.
City Manager James Lindsay addressed City Council questions.
Mayor Miller invited public comment.
No one requested to speak.
CAPPELLO/BERNALD MOVED TO: 1) ENTER INTO A CONTRACT TO
IMPLEMENT THE TRAKIT INTERACTIVE VOICE RESPONSE (IVR) VOICE
ACTIVATED PERMIT SYSTEM MODULE; AND 2) ENTER INTO A CONTRACT
FOR A FIVE-YEAR MAINTENANCE AND SUPPORT AGREEMENT TO
SUPPORT THE EXISTING TRAKIT AND NEW IVR SOFTWARE SYSTEMS.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
10. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library General
Obligation Bonds
Recommended action:
Adopt the attached resolution which sets the property tax levy rate to provide for the Library
General Obligation Bond's debt service payment at $.0065 per $100 of Assessed Valuation.
RESOLUTION NO. 15-032
CAPPELLO/BERNALD MOVED TO ADOPT THE ATTACHED RESOLUTION
WHICH SETS THE PROPERTY TAX LEVY RATE TO PROVIDE FOR THE
LIBRARY GENERAL OBLIGATION BOND'S DEBT SERVICE PAYMENT AT
$.0065 PER $100 OF ASSESSED VALUATION. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
11. Fiscal Year 2015/16 Gann Appropriation Limit
Recommended action:
Review report and adopt resolution approving the Gann Appropriation Limit for FY 2015/16.
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Page 6 of 10
RESOLUTION NO. 15-033
CAPPELLO/BERNALD MOVED TO ADOPT RESOLUTION APPROVING THE
GANN APPROPRIATION LIMIT FOR FY 2015/16. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
12. Annual Approval of the City’s Investment Policy - for Fiscal Year 2015/16
Recommended action:
Review and approve the Investment Policy for Fiscal Year 2015/16.
CAPPELLO/BERNALD MOVED TO APPROVE THE INVESTMENT POLICY FOR
FISCAL YEAR 2015/16. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
13. Adoption of the Fiscal Year 2015/16 Operating & Capital Budget
Recommended action:
Adopt resolution approving the Proposed FY 2015/16 Operating and Capital Budgets,
directing staff to incorporate within the final adopted budget any modifications related to
late-breaking changes, minor corrections, carry forward appropriations, refined estimates,
grant approvals, claim reimbursements, pass-through appropriations, or additional direction
from Council upon adoption of the budget.
RESOLUTION NO. 15-034
CAPPELLO/BERNALD MOVED TO ADOPT RESOLUTION APPROVING THE
PROPOSED FY 2015/16 OPERATING AND CAPITAL BUDGETS, DIRECTING
STAFF TO INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY
MODIFICATIONS RELATED TO LATE-BREAKING CHANGES, MINOR
CORRECTIONS, CARRY FORWARD APPROPRIATIONS, REFINED
ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS-
THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION FROM
COUNCIL UPON ADOPTION OF THE BUDGET AND INCORPORATE CHANGES
REGARDING THE COVINA LANDSCAPE AND LIGHTING DISTRICT AS
SHOWN IN THE SUPPLEMENTAL ATTACHMENT DATED JUNE 3, 2015.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
PUBLIC HEARINGS
14. Ordinance Establishing Tobacco Retailer License
Recommended action:
Conduct public hearing; introduce and waive the first reading of the attached ordinance
establishing Article 4-90 Tobacco Retailer License in the City Code; and direct staff to place
the ordinance and resolution updating the City Fee Schedule for Fiscal Year 2015/16 on the
Consent Calendar for adoption at the next regular City Council meeting.
City Clerk Crystal Bothelio presented the staff report.
Nicole Coxe with the Santa Clara County Public Health Department addressed City Council
questions.
20
Page 7 of 10
Mayor Miller invited public comment on the item.
The following people requested to speak:
Carol Baker with the American Cancer Society Cancer Action Networks spoke in support of
the ordinance.
Janav Sharma, Breathe California volunteer, spoke in support of the ordinance.
Rosemary McCarthy spoke in support of the ordinance.
Mayor Miller closed the public hearing and public comment period.
CAPPELLO/LO MOVED TO DIRECT STAFF TO REMOVE SECTION 4.90.040(J) OF
THE PROPOSED ORDINANCE ON FLAVORED TOBACCO; WAIVE THE FIRST
READING OF THE ORDINANCE ESTABLISHING ARTICLE 4-90 TOBACCO
RETAILER LICENSE IN THE CITY CODE; DIRECT STAFF TO PLACE THE
AMENDED ORDINANCE AND RESOLUTION UPDATING THE CITY FEE
SCHEDULE FOR FISCAL YEAR 2015/16 ON THE CONSENT CALENDAR FOR
ADOPTION AT THE NEXT REGULAR CITY COUNCIL MEETING; AND
DIRECTED STAFF BRING FORWARD A PROPOSAL FOR PROHIBITING
FLAVORED TOBACCO FOR COUNCIL CONSIDERATION AT A FUTURE CITY
COUNCIL MEETING. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
At 8:47 p.m., Mayor Miller invited members of Boy Scout Troop 535 on stage to introduce
themselves.
15. Landscaping & Lighting Assessment District LLA-1 - Approval of Engineer’s Report and
Confirmation of Assessments for FY 15-16
Recommended action:
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for FY 15-16.
Public Works Director John Cherbone presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 15-035
CAPPELLO/BERNALD MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FY 15-16. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
OLD BUSINESS
None
21
Page 8 of 10
NEW BUSINESS
16. Fall 2015 Issue of The Saratogan
Recommended action:
Accept report and direct staff accordingly.
Brian Babcock, Administrative Analyst I in the City Manager’s Office, presented the staff
report.
Mayor Miller invited public comment on this item.
No one requested to speak.
Council Member Kumar requested that at least 1 to 2 years of past issues of the Saratogan be
posted on SlideShare, so that they can be found through web searches.
Vice Mayor Cappello recommended that the newsletter include photos of drought tolerant
landscapes in Saratoga, as there is a common misconception that drought tolerant
landscaping is ugly.
Mayor Miller recommended including a contest in the newsletter for photos of drought
tolerant landscaping and best water saving idea. He added that the City could provide
certificates of appreciation to all the participants and photos could be posted on the City
website.
Council Member Lo asked if it would be possible to make the note on the cover of the
Recreation Activity Guide that indicates the City newsletter is inside the Activity Guide more
prominent.
Council Member Kumar asked if the City could conduct a simple survey on topics that they
would like to see in future issues of the Saratogan, such as a survey on Facebook.
City Manager James noted that staff could conduct a survey before the winter issue of the
Saratogan.
Mayor Miller suggested that the Ask Our Staff section include Community Development
Director Erwin Ordoñez and information about grey water systems and how they can be used
to help conserve water.
Council Member Kumar recommended that the newsletter also include information about the
Santa Clara Valley Water District is offering free shower buckets, “Brown is the New Green”
lawn signs, and “We’re Fighting the Drought Inside & Out” lawn signs.
17. Information Regarding the Provision of Senior Adult Care Services by Saratoga Area Senior
Coordinating Council
Recommended action:
Staff recommends that Council review alternatives and provide direction regarding the
provision of senior adult care.
Recreation and Facilities Director Michael Taylor presented the staff report on this item.
22
Page 9 of 10
Mayor Miller invited public comment.
The following people requested to speak:
Lisa Huening, Saratoga Area Senior Coordinating Council Board of Directors President
Joyce Hlava
Bill Cooper
No one else requested to speak.
CAPPELLO/BERNALD MOVED TO CONTINUE THIS ITEM TO THE JULY 1, 2015
REGULAR CITY COUNCIL MEETING. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Mayor Miller shared that he attended a San Jose Water Company hearing on the proposed rate
changes, which have been submitted to the California Public Utilities Commission. There were
approximately 400 to 500 people present and many expressed frustration with the proposed rate
changes.
The City of Cupertino also held a study session on the State Route 85 corridor that included Rod
Diridon, Valley Transportation General Manager Nuria Fernandez, Carl Guardino, and a
consulting firm that specializes in creative transportation solutions. During the study session,
there was discussion of some of the transit solutions proposed for State Route 85.
On June 12, a group of Mayors and City Managers from the northern part of Santa Clara County
will be gathering to discuss State Route 85. Mayor Miller noted that he cannot attend the meeting
and asked if another member of the Council would be available for the meeting. Council
Member Lo stated she was available to attend the meeting.
Vice Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC) – during the last meeting, a revision to the
contract with the executive director was renewed. At the next meeting, the Board will be holding
officer elections.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee – during the meeting on May 26, the Board
finalized the bylaw revisions and took a first look at the proposed budget. The budget will be
brought forward at the next meeting for adoption. Also at the May 26 meeting, the Board
approved a new Board Member. The Board also learned that Hakone Gardens has been selected
for the Sereno Group’s 1% for the Good Program, which allows realtors to contribute a portion
of their commission to an organization of their choice. The Board is also working on plans for
the Centennial Gala on September 27.
Council Member Mary-Lynne Bernald
No report
23
Page 10 of 10
Council Member Rishi Kumar
Council Member Kumar shared that he attended the San Jose Water Company hearing on May
28, 2015. He also attended a Silicon Valley Leadership Group Regional Economic Forum on
May 29. On June 22, he will be attending a State leadership program for elected officials.
CITY COUNCIL ITEMS
Council Member Kumar recommended a future City Council agenda item on the City of
Saratoga regulations on cell phone towers, as well as a resolution asking the Federal
Communications Commission to revisit the Telecommunications Act of 1996.
There was no support for the request.
CITY MANAGER’S REPORT
City Attorney Richard Taylor reported that the petition for writ of mandate naming Valley
Transportation Authority as a real party in the lawsuit against the California Department of
Transportation has been filed. The litigation is being conducted in partnership with the cities of
Cupertino and Los Gatos, with each city bearing a third of the litigation costs.
ADJOURNMENT
BERNALD/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:52 P.M. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
24
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
6/2/2015 Period 12
6/9/2015 Period 12
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
6/2/15 128118 128168 51 123,087.68 06/02/15 5/26/15 128117
6/9/15 128169 128225 57 168,124.15 06/09/15 6/2/15 128168
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
06/02/15 128142 Rec & Fac 72,000.00
06/09/15 128176 PS 30,027.40
06/09/15 128208 Rec & Fac 48,060.02
Accounts Payable checks voided during this time period:
AP Date Check #Amount
03/24/15 127656 Re-Issue 300.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
JPCC Roof Project
Fund Purpose
PREPARED BY:
Ending
Check #Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:June 17, 2015
DEPARTMENT:Finance & Administrative Services
Animal Services
Peterson Tractor CIP Facility Project Generator
City of San Jose
Huntington Rare Coins
Reason Status Issued to
General
Just Leaks CIP Facility Project
Never Received Check
Prior Check Register
Checks
Released
Total
Checks Amount
25
26
27
28
29
30
31
32
33
34
35
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: Amended Agreement with Granicus
RECOMMENDED ACTION:
Authorize the City Manager to execute the amended agreement with Granicus, Inc.
BACKGROUND:
In February 2015, the City of Saratoga released a Request for Proposals
agenda workflow and meeting video streaming and archiving services. C
Laserfiche Agenda Manager to manage the City’s agenda workflow and to create City Council
and Planning Commission packets. The City also uses Granicus, Inc. to stream live and archived
City Council and Planning Commission videos on
for City Council and Planning Commission meetings available to the public through Granicus.
The City also uses the Granicus iLegislate mobile app for viewing packets that the City uses to
during City Council and Planning Commission meetings.
The City received a total of six responses
Peak Agenda, in combination with the existing Granicus media management services that the
City subscribes to, best met the City’s needs. Peak Agenda is an agenda workflow product,
which allows staff to submit staff reports for City Council and Planning Commission meetings
for review and approval then allows for convenient preparation of agendas and packets.
The City Council authorized an agreeme
expires July 1, 2016. Consequently, staff is bringing forward an amended agreement that
Peak Agenda to the Granicus solutions that the City subscribes to. The
includes purchase of an encoder that will enhance streaming of meeting videos and the
amendment reduces the monthly costs for
FISCAL STATEMENT:
The City currently pays $20,100 per year for Granicus services. If
reduce the annual cost to $15,360. The amendment
encoder.
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Amended Agreement with Granicus
Authorize the City Manager to execute the amended agreement with Granicus, Inc.
In February 2015, the City of Saratoga released a Request for Proposals (RFP) for automated
agenda workflow and meeting video streaming and archiving services. Currently, the City uses
Laserfiche Agenda Manager to manage the City’s agenda workflow and to create City Council
and Planning Commission packets. The City also uses Granicus, Inc. to stream live and archived
City Council and Planning Commission videos on the City’s website and to make agenda packets
for City Council and Planning Commission meetings available to the public through Granicus.
The City also uses the Granicus iLegislate mobile app for viewing packets that the City uses to
d Planning Commission meetings.
The City received a total of six responses to the RFP. Staff determined that the Granicus product
in combination with the existing Granicus media management services that the
ty’s needs. Peak Agenda is an agenda workflow product,
which allows staff to submit staff reports for City Council and Planning Commission meetings
for review and approval then allows for convenient preparation of agendas and packets.
an agreement with Granicus, Inc. in 2006 and the current agreement
expires July 1, 2016. Consequently, staff is bringing forward an amended agreement that
ns that the City subscribes to. The amended agreement
includes purchase of an encoder that will enhance streaming of meeting videos and the
reduces the monthly costs for Granicus services to $1,280.
The City currently pays $20,100 per year for Granicus services. If approved, the amendment will
The amendment also includes purchase of a new $3,500
for automated
urrently, the City uses
Laserfiche Agenda Manager to manage the City’s agenda workflow and to create City Council
and Planning Commission packets. The City also uses Granicus, Inc. to stream live and archived
the City’s website and to make agenda packets
for City Council and Planning Commission meetings available to the public through Granicus.
The City also uses the Granicus iLegislate mobile app for viewing packets that the City uses to
Granicus product
in combination with the existing Granicus media management services that the
ty’s needs. Peak Agenda is an agenda workflow product,
which allows staff to submit staff reports for City Council and Planning Commission meetings
nt with Granicus, Inc. in 2006 and the current agreement
expires July 1, 2016. Consequently, staff is bringing forward an amended agreement that adds
amended agreement also
endment will
also includes purchase of a new $3,500
36
ATTACHMENTS:
Attachment A - Amended Agreement with Granicus, Inc.
37
38
39
Saratoga Peak Agenda
PRESENTED BY:Ahmad Abderrahim, Granicus
PRESENTED TO:Saratoga
DELIVERED ON:June 03, 2015
40
Pricing Breakdown for your Solution
Hardware
Name Quantity Unit (Upfront)Total (Upfront)
Granicus Encoding Appliance Hardware -
Government Transparency Suite 1 $2,500.00 $2,500.00
Shipping - Large Item 1 $125.00 $125.00
Total Hardware Upfront:$2,625.00
Software as a Service
Name Quantity Unit (Monthly)Total (Monthly)
Peak Agenda Management Software 1 $780.00 $780.00
Total Software Monthly Cost:$780.00
Professional Services (Training & Installation)
Name Quantity Unit (Upfront)Total (Upfront)
Encoding Appliance Hardware Configuration
- Government Transparency Suite 1 $875.00 $875.00
Total Training Upfront:$875.00
Total Upfront Cost:$3,500.00
Total Monthly Cost:$780.00
41
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42
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• Unlimited content storage and distribution
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• Create a paperless agenda environment with iLegislate® for the iPad
43
44
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: Public Works
PREPARED BY: John Cherbone
SUBJECT: Landscape Maintenance Contract
RECOMMENDED ACTION:
Approve a two-year contract with Gachina Landscape Management for monthly landscape
maintenance services in the amount of $124,692 per year and authorize City Manager to execute
the same.
BACKGROUND:
Currently, Gachina Landscape Management
and Landscape and Lighting District Zones,
for more than a decade.
A proposal for each maintenance area was solicited and Gachina provided the lowe
the areas shown on the attached bid summary (Attachment A
areas went to Vista Landscape (see separate staff report).
It is therefore recommended that City Council approve a two year contract with
Management for monthly maintenance services as described in the Recommended Action and
authorize City Manager to execute the same.
FISCAL STATEMENT:
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 2015
under Parks & Landscape Maintenance and Landscape &
FOLLOW UP ACTION:
The contracts will be executed.
SARATOGA CITY COUNCIL
John Cherbone, Public Works Director
Landscape Maintenance Contract - Gachina Landscape Management
year contract with Gachina Landscape Management for monthly landscape
maintenance services in the amount of $124,692 per year and authorize City Manager to execute
Landscape Management maintains the majority of the City’s roadway medians
and Landscape and Lighting District Zones, and has done so in a professional and economic manner
A proposal for each maintenance area was solicited and Gachina provided the lowest proposal for
tached bid summary (Attachment A). The remainder of the landscape
areas went to Vista Landscape (see separate staff report).
It is therefore recommended that City Council approve a two year contract with Gachina Landscape
Management for monthly maintenance services as described in the Recommended Action and
authorize City Manager to execute the same.
is included in the adopted budget for Fiscal Year 2015
pe Maintenance and Landscape & Lighting Assessment District.
year contract with Gachina Landscape Management for monthly landscape
maintenance services in the amount of $124,692 per year and authorize City Manager to execute
maintains the majority of the City’s roadway medians
professional and economic manner
st proposal for
). The remainder of the landscape
Landscape
Management for monthly maintenance services as described in the Recommended Action and
is included in the adopted budget for Fiscal Year 2015-16
45
ATTACHMENTS:
A - Bid Summary
B - Maintenance Service Contract
46
Job Site Gachina Vista Loral Cienega
Joe's Trail $395 $302 no bid $295
Misc Trails $165 $201 no bid $295
Azule $609 $578 $677 $800
Beauchamps $280 $335 $261 $1,200
Civic Center $1,495 $1,259 $1,093 $4,800
Congress Springs $525 $594 $677 $700
El Quito Park $406 $346 $520 $585
Foothill $125 $123 $209 $385
Historical park $240 $195 $288 $575
Kevin Moran park $420 $622 $520 $875
Library $500 $756 $937 $675
Saratoga Prospect Center $630 $489 $625 $1,550
Ravenwood $94 $90 $211 $395
Downtown Landscape $165 $175 no bid $550
Parking Districts $560 $258 no bid $600
Blaney Plaza $210 $118 no bid $300
Gardiner park $210 $122 no bid $400
Brookglen Park $145 $95 no bid $350
Downtown Trash Receptacles $140 $113 no bid $400
Downtown Newspaper Racks $140 $85 no bid $135
Corporation Yard no bid $75 no bid no bid
Medians $4,376 $6,323 $4,930 $7,515
LLA Arroyo Saratoga $82 $147 $209 $450
LLA Beauchamps $82 $155 $364 $275
LLA Bellgrove $1,745 $2,315 $2,186 $4,000
LLA Bonnet Way $102 $75 no bid $400
LLA Westbrook $60 $104 no bid $110
LLA Carnelian Glen $82 $146 no bid $250
LLA Cunnigham/Glasgow $162 $141 no bid $675
LLA Allendale $140 $60 no bid $85
LLA Fredericksburg $204 $240 $314 $675
LLA Gateway $180 $169 $339 $750
LLA Greenbriar Azule $180 $60 $339 no bid
LLA Guava Court $140 $131 no bid no bid
LLA Seagull $114 $118 $339 no bid
LLA Horseshoe $162 $151 $520 $550
LLA Kerwin $360 $380 $548 $750
LLA Legends $198 $185 $312 $575
LLA Leuter $90 $90 no bid $475
LLA Manor $135 $150 $261 $600
LLA McCartysville $290 $355 $416 $750
LLA Prides Crossing $430 $461 $728 $1,250
LLA Quito $125 $146 $286 $200
LLA Sunland $280 $346 $598 $775
LLA Tollgate $96 $90 no bid $250
LLA Tricia Woods $85 $90 $261 $775
Bid Summary : Landscape Maintenance Services
Bidding Company
47
Form Rev. 2.18.2015 Page 1 of 2 Short Form/Construction
City of Saratoga
Standard Short Form Construction Services Contract
for Projects Under $175,000
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation
(“City”), and _________________________________________ (“Contractor”), who agree that:
1. Purpose of Contract. This is a contract for ______________________________________________
as more specifically described in Exhibit A of this agreement (“Scope of Work”) and in accordance with Article
3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and
Article 12-15 of the City of Saratoga Municipal Code the City has solicited informal bids and selected
Contractor to perform the work.
2. Term. The term of this agreement commences on (check one): the date last signed below
________________ (“Effective Date”) and extends through ________________ or the completion of the
project, whichever occurs first.
3. Payment. City shall pay Contractor and Contractor agrees to accept for full performance of the work an
amount not to exceed the total sum of _____________________________________________________ dollars
($_______________________) for work to be performed and any authorized reimbursable costs subject to
adjustments for changes in the work as may be directed in writing by City. This is a (check one): Unit Price
Lump Sum contract. If this is a Unit Price Contract, the unit prices are set forth in the 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
and a notice to proceed from the Administrator.
4. Contract Administration. The primary representatives of City and Contractor for Contract
administration are listed below. The City’s primary representative is the Administrator.
City of Saratoga
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
5. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and
endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract,
and before execution of this agreement by the City. If this contract is for more than $25,000 it includes an
Exhibit B-1 and Contractor shall provide bonds in accordance with the requirements of that exhibit.
6. General Provisions. City and Contractor agree to and shall abide by the general provisions set forth in
Exhibit C.
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7. Supplemental Provisions. This agreement includes supplemental provisions described in connection
with each box checked below:
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply with
all rules and regulations required by such funding entity. Applicable funding entity requirements are set
forth in Exhibit D. Nothing in this paragraph or in the funding entity requirements shall be construed to
relieve Contractor of its duty to ensure that it is in compliance with all applicable laws and regulations.
Exhibit E sets forth provisions regarding _______________________________________________.
8. 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.
9. Entire agreement. This agreement supersedes any and all agreements, either oral or written, between
the parties 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. No amendment, alteration, or variation of the terms of this agreement shall be valid unless made in
writing and signed by the parties hereto.
10. Authority to Execute agreement. Each individual executing this agreement represents that he or she is
duly authorized to sign and deliver the agreement on behalf the party indicated and that this agreement is
binding on such party in accordance with its terms. This agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
Contractor Name/ Contract Description:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
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Form Rev. 2.18.2015 Exhibit A Page 1 of 3 Short Form/Construction
Exhibit A
Scope of Work
Contractor shall perform the work described in below ("Work") in strict accordance with all
plans, specifications, and other Contract Documents. The term “Contract Documents” means
this agreement, all documents attached to or otherwise made a part of this agreement, including
but not limited to those identified in this Exhibit A, all certificates of insurance and any bonds
required by this agreement, and Section 9 of the State of California, Department of
Transportation Standard Specifications for Construction of Local Streets and Roads (2002)
which includes procedures for determination of payments, compensation for extra work by force
account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern
except with respect to conflicts with the proposal in which case the other Contract Documents
shall govern.
Summary of Scope of Work:
Work to be Performed: The Work is described in the documents checked below which are
incorporated into and hereby made a part of this agreement:
Notice Inviting Bids dated ________ (It is important to list this as the bid
notice date is used to determining the prevailing wage rates that will apply to
the work performed under the contract.)
Proposal dated ________________ (In addition to description of work,
license numbers for contractor and all subcontractors, and not to exceed
amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as
Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information
included as Exhibit A-3.
Plans prepared by ______________________, dated __________
Specifications as indicated below (check appropriate box):
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Technical Specifications prepared by ______________________,
dated _______.
Caltrans Standard Specifications for the Construction of Local
Streets and Roads, 2006 Edition, English Units (1-9)
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to
diligently and fully perform and complete the work.
Contract Time: Contractor shall complete the Work no later than ____________. (Specify
number of days or specific date for completion. Consider whether interim milestones are
appropriate.)
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new,
free from faults and defects and of good quality. Contractor hereby warrants its work against all
deficiencies and defects for _____________________________ (insert number of months in text
and numeric format) months or the longest period permitted by the law of this State, whichever
is more, or as otherwise provided in the Contract Documents.
License Classification: In accordance with Section 3300 of the Public Contract Code, the City
has determined that the Contractor shall have a Class ___ (_______________) License at the
time it submits its bid to the City and at all times it is performing the Work.
Liquidated Damages: If Contractor fails to complete the Work within the Contract Time, the
City will sustain damage. The actual occurrence of damages and the actual amount of the
damages which the City would suffer if the Work were not completed within the Contract Time
would be impracticable and extremely difficult to determine. Damages the City would suffer in
the event of delay include, but are not limited to, loss of the use of the Work, costs of
administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the
damages which the City shall incur upon failure of the Contractor to complete the Work within
the Contract Time: _______________________________________________ Dollars per day
($______________________/Day), for each calendar day by which completion of the Work is
delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein
provided, and in case the same are not paid, agrees that the City may deduct the amount thereof
from any monies due or that may become due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection
during the delay in the completion of the Work caused by acts of God or of the public enemy,
fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather or delays of subcontractors due to such causes, provided that the Contractor shall within
five (5) days from the beginning of any such delay notify the Administrator, in writing, of the
causes of delay. The Administrator shall ascertain the facts and the extent of delay, and the
Administrator’s findings thereon shall be final and conclusive.
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General and Special Conditions: Without limiting the generality of the foregoing, Contractor
shall comply with the following special conditions:
Special Conditions:
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Exhibit A-1
Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1. Conduct of the Work. Contractor shall:
• Prior to the start of Work, submit to the Administrator, the Contractor Safety
agreement attached as Exhibit A-2, the Department of Industrial Relations
Reporting form attached as Exhibit A-3, and the Workers Compensation
Acknowledgement attached as Exhibit A-4 each signed by an authorized
representative of Contractor
• Submit all required samples, product data, certificates, operations and
maintenance instructions, guarantees, and other submittals no later than five (5)
days after the date the City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
• Remove from the project site all debris resulting from performance of the Work
no less often than daily. If Contractor fails to do so, City may, after twenty-four
(24) hours' notice to Contractor, clean up the site and deduct the cost from the
Contract Price.
• For projects scheduled to require more than three (3) days to complete, prepare
and submit a written daily activity report to City for each day on which work is
performed, including weekends and holidays when worked, and submit the
reports to the City no later than the next day that the City is open for business.
The daily reports shall, at a minimum, include the following information:
construction activities and locations, start or completion of activities, progress on
construction activities (including units or portions of work completed), tests or
inspections performed, deliveries of material or equipment, delays or potential
delays, visitors to the site, weather conditions, construction equipment used, and
personal injuries or damage to property.
• Unload, hoisting and otherwise handling its own materials, supplies and
equipment.
• Keep itself fully informed of all applicable laws including existing and future state
and federal laws and county and municipal ordinances and regulations which in
any manner affect those engaged or employed in the work, or the materials used
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in the work, or which in any way affect the conduct of work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
• Observe and comply with, and cause all of its agents and employees to observe
and comply with, all such applicable laws; and shall protect and indemnify the
City, and all elected officials, officers, employees, and agents thereof connected
with the Work, against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree. If any
discrepancy or inconsistency is discovered in the plans, drawings, specifications,
or contract for the work in relation to any such law, ordinance, regulation, order
or decree, Contractor shall forthwith report the same to the Administrator in
writing.
• Set up, identify, coordinate, provide safe access, and obtain all inspections for its
work, as required by any authorized agency or applicable code, prior to covering
up work.
2. Progress Of The Work.
A. Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m.,
Monday through Friday unless otherwise specified in the Special Provisions or
authorized by the City in writing. If the Contractor wishes to work during any
other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any
work. No work will be allowed on legal holidays except in the case of an
emergency. A listing of holidays observed by City is on file in the office of the
Administrator. If Contractor requests overtime work in which the City will incur
costs, Contractor shall be responsible for payment of the City’s costs incurred in
connection with the overtime work. The City will invoice the Contractor at time
and one half to cover the costs incurred. If Contractor does not pay the invoice
within ten days, the City may deduct the amount billed from other payments due
or to become due to Contractor under the Contract.
B. The Administrator or Administrator’s designee shall have the authority to suspend
the Work, wholly or in part, for such a period as the Administrator may deem
necessary.
3. Changes In Work.
A. Contractor shall make no changes in the Work without written direction from the
City. Contractor shall not be compensated for any change made without any such
written direction. No changes in the Work covered by this agreement shall
exonerate any surety or any bond given in connection with this agreement.
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B. If the City directs the Contractor in writing to make changes in the Work that
materially affect the cost of performing the Work, the Contract Price will be
adjusted based on one of the following:
i. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities
involved in the changed Work;
ii. By establishment of new unit prices and related quantities for the changed
Work;
iii. By a combination of existing and new unit prices and related quantities for
the changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that
Contractor demonstrates materially affect the time required to perform the work,
the City will make a reasonable adjustment to the Contract Time.
4. Inspection and Protection Of Work.
A. Contractor shall make the Work accessible at all reasonable times for inspection
by the City. Contractor shall, at the first opportunity, inspect all material and
equipment delivered to the jobsite by others to be used or incorporated in the
Contractor's work and give prompt notice of any defect therein. Contractor
assumes full responsibility to protect the work done hereunder until final
acceptance by the City.
B. When the Work is completed, Contractor shall request, in writing, a final
inspection. Within ten (10) days of the receipt of such request, the City shall
make a final inspection. The Contractor or its representatives may be present at
the final inspection. The purpose of such final inspection shall be to determine
whether the Work has been completed in accordance with the Contract
Documents, including all change orders and all interpretations and instructions
previously issued.
5. Utility Facilities.
A. The Contractor shall protect from damage any utility facilities that are to remain
in place, be installed, relocated or otherwise rearranged.
B. If Contractor while performing the Work discovers utility facilities not identified
in the Contract Documents, Contractor shall immediately notify the City and the
utility provider. City shall arrange the removal, relocation, or protection of
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Form Rev. 2.18.2015 Exhibit A-1 Page 4 of 6 Short Form/Construction
existing main or trunk line utility facilities located at the site of the Work but not
identified in the Contract.
C. If the Contractor is required to locate, repair damage not due to the Contractor’s
failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes section of this
Contract, including payment for equipment on the Project necessarily idled during
such work.
D. Contractor will not be entitled to damages or additional payment for delays
caused solely by the failure of City, or the utility provider, to provide for removal
or relocation of existing main or trunk line utility facilities not identified in the
Contract Documents, except for equipment necessarily idled during such work.
E. Contractor shall not be assessed liquidated damages for delay in completing the
Work solely attributable to the failure of City, or the owner of the utility, to
provide for removal or relocation of existing main or trunk line utility facilities
not indicated in the Contract Documents with reasonable accuracy.
F. The right is reserved by the City and its authorized agents, to enter the job for the
purpose of making such changes as are necessary for the rearrangement of its
facilities or for making necessary connections or repairs to their properties. The
Contractor shall cooperate with forces engaged in such work and shall conduct
operations in such a manner as to avoid any delay or hindrance to the work being
performed by such other forces.
G. Attention is directed to the possible existence of underground facilities not known
to the City, or in a location different from that which is shown on the plans or in
the Special Provisions. The Contractor shall take all steps reasonably necessary
to ascertain the exact location of all underground facilities prior to doing work
that may damage such facilities or interfere with their service, including but not
limited to calling USA utility locator service to mark utilities.
6. Differing Site Conditions.
A. The Contractor shall promptly, and before the following conditions are disturbed,
notify the City in writing of any:
i. Material that the Contractor believes may be hazardous waste, as defined in
Section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions
of existing law;
ii. Subsurface or latent physical conditions at the site differing materially from
those indicated by information about the site made available to bidders prior
to the deadline for submitting bids; or
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Form Rev. 2.18.2015 Exhibit A-1 Page 5 of 6 Short Form/Construction
iii. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in this Contract.
B. The City shall promptly investigate the conditions, and if it finds that such
conditions do materially so differ, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's cost of, or the time required for,
performance of any part of the Work, it shall issue a change order under the
provisions described in the Contract Documents.
C. No claim of the Contractor under this section 6 shall be allowed unless the
Contractor has given the notice required in the Contract Documents.
D. In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part
of the work, Contractor shall not be excused from completing the Work. The
Contractor shall proceed with all work to be performed under the Contract. The
Contractor shall retain any and all rights provided either by this Contract or by
law which pertain to the resolution of disputes and protests.
7. Cooperation And Care.
A. Should construction be under way by the City, other agencies or other contractors
within or adjacent to the limits of the work specified or should work of any other
nature be under way by other forces within or adjacent to said limits, the
Contractor shall cooperate with all such other contractors or other forces to the
end that any delay or hindrance to their work will be avoided. The City reserves
the right to perform other or additional work at or near the site (including material
sources) at any time, by the use of other forces.
B. Until the final acceptance of the contract, the Contractor shall have the charge and
care of the Work and of the materials to be used therein, including materials for
which partial payment has been received. The City shall not be held responsible
for the care or protection of any material or parts of the Work prior to final
acceptance, except as expressly provided in the Special Provisions.
8. Time.
A. Time is of the essence of this agreement. Contractor shall provide City with
scheduling information in a form acceptable to City, including any changes made
by City in the scheduling of work. Contractor shall coordinate its work with that
of all other contractors, subcontractors and suppliers so as not to delay or damage
their performance. It is further agreed that in case Contractor fails to complete the
Work in all parts and requirements within the Contract Time set forth in Exhibit
A, the City shall have the right to extend the Contract Time or not, as may seem
best to serve the interest of the City; and if it decides to extend the Contract Time,
City shall further have the right to charge to the Contractor, its heirs, assigns or
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sureties, and to deduct from the payment for the Work, all or any part, as it may
deem proper, of the actual cost of engineering, inspection, superintendence, and
other overhead expenses which are directly chargeable to the Contract, and which
accrue during the period of such extension. In the event that Contractor's work is
delayed for any reason, including acts of City, Contractor's sole remedy shall be
an extension of time equal to the period of delay, provided Contractor has given
City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this
agreement after a default by reason of delays, the payment or payments shall in no
respect constitute a waiver or modification of any agreement provisions regarding
time of completion and liquidated damages.
-End of Exhibit A-1
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Form Rev. 2.18.2015 Exhibit A-2 Page 1 of 1 Short Form/Construction
Exhibit A-2
City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is performed
in accordance with the State’s environmental health and safety laws, codes and regulations. To this end, please
initial and check the following form in the appropriate boxes. Failure to do so may affect your contract with the
City of Saratoga. Please note that for the purposes of this document, you are referred to as “Contractor.” Upon
completion of this form send it to your contract Administrator at the City of Saratoga.
Contractor Name: _____________________________________
SAFETY MEASURE YES NO
1a) Contractor has employees and a written Injury and Illness Prevention Plan compliant
with 8CCR3203.
OR
1b) Contractor has no employees. My work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment,
and property.
2) Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the job.
3) Contractor will provide the City of Saratoga with a copy of the Safety Data Sheet
(SDS) for each chemical brought onto the site.
4) Contractor has and can provide the City of Saratoga a copy of the Hazardous Waste
disposal plan for any hazardous wastes generated during the job.
5) Contractor has and can provide the City of Saratoga a copy of their Lockout/Tagout
program if any work is to be done on any sources of hazardous energy.
6) Contractor has and can provide the City of Saratoga a copy of their Electrical Safety
program if any electrical work is to be performed.
7) Contractor has and can provide the City of Saratoga a copy of their Fall Protection
program if any work is to be performed that would require it.
8) Contractor has and can provide the City of Saratoga a copy of the Confined Space
program if any confined spaces are to be entered.
9) Contractor will provide the City of Saratoga a copy of their accident investigation
report for each accident that occurs during the performance of the contract.
10) Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training for employees if those employees occasionally work outdoors for two or more
hours/day.
Contractor: __________________________________ (print company name) hereby certifies that the
foregoing is true and correct.
_______________________ _____________
(Sign Name) Date
_______________________
(Print Name)
End of Exhibit A-2
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Form Rev. 2.18.2015 Exhibit A-3 Page 1 of 1 Short Form/Construction
Exhibit A-3
City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Project: [_____________________________________]
Contractor Name:
Contractor Mailing Address:
Contractor E-mail Address:
Contractor Telephone:
Contractor License Number:
DIR Registration Number:
Classification(s) or type(s)
of workers that will be
employed by the contractor
for this project:
Subcontractors: License Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
______________________ __________________
(Signature) Date
______________________
(Printed Name)
End of Exhibit A-3
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Form Rev. 2.18.2015 Exhibit A-4 Page 1 of 1 Short Form/Construction
Exhibit A-4
Workers Compensation Acknowledgement
To be completed by Contractor and each subcontractor performing any portion of the work:
To: The City of Saratoga
From ____________________________________ [Name of Contractor or Subcontractor]
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract.
I certify that the statement above is correct and that I am authorized to make this statement on
behalf of the contractor named in the first line above.
______________________ __________________
(Signature) Date
______________________
(Printed Name)
End of Exhibit A-4
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Exhibit B
Insurance
The insurance requirements listed below that have an “X” indicated in the space before the
requirement apply to this agreement together with the general requirements for the duration of
the contract, and until the expiration of the warranty period following the final completion and
acceptance by the City.
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: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
with a copy to the Primary Representative listed in section 4 on page 1. During the term of this
agreement and until the expiration of the warranty period Contractor shall ensure that its
broker(s)/agent(s) provide the Risk Manager and Primary Representative with updated
certificates of insurance reflecting continued satisfaction of the requirements of this agreement
together with updated endorsements in the event of a change in the underlying insurance
policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
___ Commercial General/Business Liability Insurance with coverage at least as broad as
indicated:
___ $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and
property damage
____ Completed operations coverage. If this box is checked Contractor shall maintain
insurance as required by this contract to the fullest amount allowed by law and shall
maintain insurance for a minimum of five years following the completion of this project.
In the event contractor fails to obtain or maintain completed operations coverage as
required by this agreement, the City at its sole discretion may purchase the coverage
required and the cost will be paid by Contractor.
___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
___ Auto Liability Insurance with coverage as indicated:
___ $2,000,000 combined single limit for bodily injury and property damage
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___ $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.
___ Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily
injury or disease. The Employer's Liability policy shall be endorsed to waive any right of
subrogation against the City, its employees or agents.
_____ Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk
Insurance on a replacement cost basis in an amount equal to the full replacement cost of the
Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all risks
of loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot attending
a strike; civil commotion; smoke damage; damage by aircraft or vehicles; vandalism and
malicious mischief; theft; collapse; flood; and earthquake. This insurance shall name the City of
Saratoga, its elected and appointed officials, employees, agents and servants and the Contractor
as insureds, and shall include coverage including, but not limited to all damages or loss to the
Work; to appurtenances; to materials and equipment to be used on the Project while the same are
in transit or stored on or off the project site; and/or to construction plant and temporary
structures. Builder’s Risk Insurance policies shall name the City as loss payee, waive all rights
of subrogation against City, have a deductible not to exceed $5,000, and provide City the right to
occupy the premises without termination of the policy until acceptance of the Work.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
The City, its officers, officials, employees, agents and volunteers (each an “additional
insured”) are to be covered as insureds with the same coverage and limits available to the
named insured regarding: 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, agents or volunteers.
Any available insurance proceeds broader than or in excess of the minimum insurance
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coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named
insured; whichever is greater. The additional insured coverage under Contractor’s policy
shall be ''primary and non-contributory" and will not seek contribution from the City’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04 13 and CG 20
38 04 13. This requirement does not apply to errors and omissions insurance.
Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
The Contractor’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
2. 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. The
limits of insurance required in this agreement may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City (if agreed to in a written contract or agreement) before the City’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
3. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment
of any loss under such insurance. Contractor agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
4. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
5. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
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paragraph relieves Contractor of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Contractor may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VII.
8. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Contractor shall agree to be bound to Contractor and City in the same manner and to the
same extent as Contractor is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Contractor shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Contractor’s subcontract with subcontractor. Contractor shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
9. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
.
-End of Exhibit B-
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Exhibit B-1 [Delete if not applicable]
Bonds (For Contracts in Excess of $25,000)
For contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified of
the award of the contract, and before the City will execute this agreement or issue a Notice to
Proceed, furnish and file with the City Performance and Payment Surety bonds as set forth
below. All bonds shall be issued and duly executed by a responsible corporate surety listed in
the United States Department of the Treasury circular entitled “Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies,” authorized to do business in the State of California and acceptable to City.
Contractor shall submit:
1. A Performance bond on the form attached, conditioned upon the faithful performance by
the Contractor of all requirements of the Contract Documents. This bond shall be in a
sum no less than one hundred percent (100%) of the total Contract Price.
2. A Payment Surety bond on the form attached that in all respects complies with Civil
Code sections 3247-3252, inclusive. This bond shall be in a sum no less than one
hundred percent (100%) of the Contract Price.
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as “Owner”) and
________________________________________ (hereinafter referred to as “Contractor”), have
entered into a written contract for furnishing of all labor, materials, equipment, transportation and
services for the construction of the ________________________________________ [NAME OF
PROJECT] (hereinafter referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond
for the faithful performance of all terms and conditions of the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and ________________________________
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Owner in the penal sum
of ________________________________________ Dollars ($__________________________),
lawful money of the United States, for the payment of which sum well and truly to be made as provided
in this Performance Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the Construction Contract, Surety
and Contractor shall have no obligation under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3. Surety’s obligation under this Performance Bond shall arise after:
A. Owner has declared a Contractor Default and has notified Contractor and Surety at its
address described in Paragraph 10 below that Owner has declared a Contractor Default and has
requested and attempted to arrange a conference with Contractor and Surety to be held not
later than seven days after receipt of such notice to discuss methods of performing the
Construction Contract; and
B. Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms
of the Construction Contract, to Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction Contract in accordance with
the terms of the Construction Contract with Owner.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety’s
expense take one of the following actions:
A. Arrange for Contractor, with consent of Owner, to perform and complete the Construction
Contract; or
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B. Undertake to perform and complete the Construction Contract itself, through its agents or
through independent contractors; or
C. Obtain bids or negotiated bids from qualified contractors acceptable to Owner for a contract
for performance and completion of the Construction Contract, arrange for a contract to be
prepared for execution by Owner and the contractor selected with Owner’s concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to Owner the amount of damages as
described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under
the terms of the Construction Contract, incurred by Owner resulting from Contractor’s Default;
or
D. Waive its right to perform and complete, arrange for completion, or obtain a new Contractor
and with reasonable promptness under the circumstances:
i. After investigation, determine the amount for which it may be liable to Owner and, as
soon as practicable after the amount is determined, tender payment thereof to Owner;
or
ii. Deny liability in whole or in part and notify Owner citing specific reasons therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the
notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph
3.A), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed
to be in default on this Bond. If the Surety proceeds as provided in Subparagraph 4.D, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further
notice Owner shall be entitled to enforce any remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph
4.A, 4.B, or 4.C above, then the responsibilities of Surety to Owner shall not be greater than those of
Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be
greater than those of the Owner under the Construction Contract. To the limit of the amount of this
Performance Bond, but subject to commitment by Owner of the Balance of the Agreement Price to
mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication
for:
A. The responsibilities of Contractor for correction of defective work, materials and equipment
and completion of the Construction Contract;
B. Additional legal, design professional, construction management and delay costs resulting
from the Contractor’s Default, and resulting from the actions or failure to act of the Surety
under Paragraph 4; and
C. Liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or non‐performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to
the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on
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account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or
entity other than Owner or its heirs, executors, administrators or successors.
8. Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be
taxed as an item of costs.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via
facsimile to the facsimile number, shown on the signature page.
11. DEFINITIONS
11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to Contractor
of any amounts received or to be received by Owner in settlement of insurance or other claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf
of Contractor under the Construction Contract.
11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the
first page of this bond, including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Construction Contract.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
Fax: Fax:
Note: Signatures of those executing for Surety must be properly acknowledged. The bond must be
accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.
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LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as “Owner”) and
________________________________________ (hereinafter referred to as “Contractor”), have
entered into a written contract for furnishing of all labor, materials, equipment, transportation and
services for the construction of the ________________________________________ [NAME OF
PROJECT] (hereinafter referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to
secure payment for all work, labor, materials, equipment or services furnished in connection with the
Construction Contract;
NOW, THEREFORE, Contractor, as principal, and ________________________________
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as defined
herein, in the penal sum of ________________________________________ Dollars
($__________________________), lawful money of the United States, for the payment of which sum
well and truly to be made as provided in this Payment Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services,
or other items furnished for use and actually used in the performance of the Construction Contract,
which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
A. Promptly makes payment, directly or indirectly, for all sums due Claimants, and
B. Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials,
equipment, services or other items furnished for use in the performance of the Construction
Contract, provided Owner has promptly notified Contractor and Surety (at the address
described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to Contractor and Surety.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes
payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
A. Claimants who are employed by or have a direct contract with Contractor have given notice
to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Payment Bond and, with substantial accuracy, the amount
of the claim.
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B. Claimants who do not have a direct contract with the Contractor:
i. Have furnished written notice to Contractor and sent a copy, or notice thereof, to
Owner, as required by and conforming with Civil Code Sections 3252 and 3091; and
ii. Not having been paid within thirty (30) days of sending the required notice, have sent
a written notice to Surety (at the address described below) and sent a copy to the
Owner, stating that a claim is being made under this Payment Bond and enclosing a
copy of the previous written notice furnished to Contractor.
5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at
Surety’s expense take the following actions:
A. Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the
claim, stating the amounts that are undisputed and the basis for challenging any amounts that
are disputed.
B. Pay or arrange for payment of any undisputed amounts.
6. Surety’s total obligation shall not exceed the amount of this Payment Bond, and the amount of
this Payment Bond shall be credited for any payments made in good faith by Surety.
7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By
Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by
Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of
Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the
completion of the work or the satisfaction of Owner’s claims, including liquidated damages, under the
Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that
are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or
expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no
obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants
under this Payment Bond.
9. Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’
fees, to be taxed as costs.
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11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the
signature page.
12. This Payment Bond has been furnished to comply with Civil Code Sections 3247 through 3252.
Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed
deleted and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and
not as a common law bond.
13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment
Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be
made.
14. DEFINITIONS
14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181 or 3248.
14.2 Construction Contract: The agreement between Owner and Contractor identified above,
including all Contract Documents and changes thereto.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
Fax: Fax:
Note:. Signatures of those executing for Surety must be properly acknowledged. The bond must be
accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.
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Exhibit C
General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A because it lacks the qualified
personnel to provide the specified work product. Contractor is qualified to provide the
required work product and is agreeable to providing such work product on the terms and
conditions in this agreement.
1.1 In General. 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. No relationship of employer and
employee is created by this agreement between the City and Contractor or any
subcontractor or employee of Contractor. 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. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. 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.
1.3 Standard of Care. Contractor shall complete the 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.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Contractor as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Contractor
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shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
1.5 Use of City Equipment. City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Contractor, or by any of its employees, even though such equipment be furnished,
rented or loaned to Contractor by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Contractor is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Contractor which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Contractor for City, upon notification of such fact by
the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor
under this agreement (again, offsetting any amounts already paid by the
Contractor which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Contractor shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Contractor is an employee for any other purpose, then the Contractor agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES. The City’s Administrator designated in section
4 on page 1 of this agreement is authorized 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 the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with
the terms of this agreement shall be in writing and may be given either personally,
by certified mail, return receipt requested, or by overnight express carrier. The
notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority or overnight express carrier
indicates that the mailing was delivered to the address of the receiving party. The
parties shall make good faith efforts to provide advance courtesy notice of any
notices or communications hereunder via e-mail. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set forth
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above; nor shall lack of such courtesy notice affect the validity of service pursuant
to the notice requirement set forth above.
2.2 Addresses for Notice. Notices or communications shall be given to the parties at
the addresses set forth in section 4 (“Contract Administration”) unless otherwise
designated in a written notice to the other party. In addition, notices to City shall
be copied to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Crystal Bothelio
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
2.3 Change of Address. 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.
3. PAYMENT. The payments specified in this paragraph 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 and City shall pay
such billings in the manner specified in this paragraph. Payment shall be made payable
to Contractor and delivered to the address specified in section 4 on page 1 of this
agreement. The making of any payment by City, or the receipt thereof by the Contractor,
shall in no way lessen the liability of the Contractor to correct or revise unsatisfactory
work, even though the unsatisfactory character of such work may not have been apparent
or detected at the time such payment was made. In no event shall City be liable for
interest or late charges for any late payments.
3.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and
payment shall be as follows:
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with the Unit Prices in the Scope of Work
prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the
amount of prior billings, the total due this period,
percentage of work completed, the remaining balance
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available for all remaining billing periods, and a brief
description of work completed during the billing period.
(b) City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than
thirty five (35) days after the date the City accepts the Work.
3.2 Lump Sum. If this contract is designated as a Lump Sum Contract Contractor
shall submit a final payment application in the amount of the contract sum upon
completion of the Work and satisfaction of all conditions of the agreement. City
shall make payment within 30 days of receipt of application, less five percent
retention. City shall release the retained funds no less than thirty five (35) days
after the date the City accepts the Work.
3.3 Additional Payment Terms.
(a) Pursuant to Public Contract Code Section 22300, for monies
earned by the Contractor and withheld by the City to ensure the
performance of the Contract, the Contractor may, at its option,
choose to substitute securities meeting the requirements of Public
Contract Code Section 22300.
(b) Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form
satisfactory to City, prior to receipt of any payment. Contractor
shall submit Conditional and Unconditional waivers and release of
lien (as provided in Civil Code Section 3262) on behalf of itself
and suppliers that furnished labor, material, equipment or services
to the Project.
(c) Attention is directed to Section 9 of the State of California,
Department of Transportation Standard Specifications for
Construction of Local Streets and Roads (2002) which includes
procedures for determination of payments, compensation for extra
work by force account, partial payments, and final payments.
These provisions are Contract Documents incorporated into this
agreement.
(d) Charges from Contractor to City will not be honored or paid by
City unless the charges are authorized and approved by City at the
time the work is being performed.
4. LABOR.
4.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California
Labor Code (Sections 1720 and following), and Contractor and any subcontractor
shall pay not less than the prevailing rates of wage as determined by the
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California Department of Industrial Relations (“DIR”) to all workers employed in
performance of the Work. Pursuant to the provisions of Section 1770 of the
Labor Code of the State of California, the City has obtained the general prevailing
rate of wages and employer payments for health and welfare, vacation, pension
and similar purposes in the vicinity of the Work, a copy of which is on file in the
office of the City, and shall be made available for viewing to any interested party
upon request. Full compensation for conforming to the requirements of this
section 4 shall be deemed included in the prices paid for the various contract
items of work, and no separate payment will be made therefor.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid
proposal, subject to the requirements of section 4104 of the California Labor
Code, and shall not engage in the performance of any work under this contract,
unless currently registered and qualified to perform public work pursuant to
section 1725.5 of the California Labor Code. Contractor represents and warrants
that it is, registered and qualified to perform public work pursuant to section
1725.5 of the California Labor Code unless otherwise noted in supplemental
provisions hereto.
4.3 Contractor shall post at the job site the determination of the director of the
prevailing rate of per diem wages together with all job site notices that are
required by regulations of the DIR.
4.4 As required by Labor Code Section 1773.8, the Contractor shall pay travel and
subsistence payments to each worker needed to perform the Work, as such travel
and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Section 1773.8.
4.5 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. Contractor and any subcontractors shall keep
accurate payroll records, in accordance with Section 1776 of the Labor Code,
showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed
by Contractor or subcontractor in connection with the Work and shall furnish the
records specified in California Labor Code section 1776 directly to the Labor
Commissioner at least monthly in a format prescribed by the Labor Commissioner
and otherwise in accordance with law.
4.6 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this
article.
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4.7 Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6
of the Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor. It shall be the responsibility of the Contractor to effectuate
compliance on the part of itself and any subcontractors with the requirements of
said sections in the employment of apprentices. Information relative to
apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
4.8 Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will
be required to secure the payment of worker’s compensation to its employees in
accordance with the provisions of Section 3700 of the Labor Code. Prior to
commencement of work, the Contractor shall sign and file with the Administrator
a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker’s
compensation or to undertake self-insurance in accordance with the
provisions before commencing the performance of the work of this
contract."
5. LICENSE REQUIREMENT. Contractor’s attention is directed to Business and
Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the
time Contractor submits its bid to the City and all times Contractor is performing the
Work, Contractor shall have a valid license issued by the Contractors State License Board
in the classification stated in the Special Provisions. Contractor and all subcontractors
shall be licensed in accordance with the laws of this State and any contractor or
subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT
OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE
FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED
TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
6. CONTRACTOR NOT 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.
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7. 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.
8. ASSIGNMENT AND SUBCONTRACTING.
8.1 Contractor shall give personal attention to the performance of the Contract and
shall keep the Work under its control.
8.2 For the purposes of administering this agreement no subcontractors will be
recognized by the City as such, and all persons engaged in the work of
construction will be considered by the City as employees of the Contractor, who
will be held responsible for their work which shall be subject to the provisions of
the Contract and specifications.
8.3 No subcontractor who is ineligible to bid work on, or be awarded, a public works
project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Contractor is prohibited
from performing work on the Project with a subcontractor who is ineligible to
perform work on a public works project under these sections of the Labor Code.
8.4 When a portion of the work which has been subcontracted by the Contractor is not
being prosecuted in a manner satisfactory to the City, the subcontractor shall be
removed immediately on the request of the City and shall not again be employed
on the work.
8.5 Contractor may not assign performance of the Contract except upon written
consent of the City.
9. TERMINATION.
9.1 Should Contractor fail within five (5) working days from receipt of City's written
notice to correct any contractual deficiencies, including but not limited to failure
to perform the Work in accordance with the Contract Documents, failure to
comply with the directions of City, or failure to pay its creditors, City may
terminate this agreement for default. Following a termination for default, City
shall have the right to take whatever steps it deems necessary to correct and
complete the work and charge the cost thereof to Contractor, who shall be liable
for the full cost of City's corrective action, including reasonable overhead,
administrative costs, and attorneys' fees.
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9.2 City may at any time terminate the Contract at City's convenience upon five days
written notice to Contractor; in the event of termination for convenience,
Contractor shall recover only the amount due under the contract for Work
completed to the date of termination in accordance with the Contract Documents,
less amounts paid to date. Contractor shall not be entitled to any claim or lien
against City for any additional compensation or damages in the event of such
termination.
9.3 If City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this
section, and Contractor specifically waives any claim for any other amounts or
damages, including, but not limited to, any claim for consequential damages or
lost profits.
9.4 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.
10. CONFLICT OF INTEREST
10.1 In General. Contractor represents and warrants that it presently has no interest,
and will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Contractor shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
10.2 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.
10.3 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 performance of the Scope of Work or
authorizes funding to Contractor.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 The City of Saratoga and all officers, employees, and agents thereof connected
with the Work, shall not be answerable or accountable in any manner for any loss
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Form Rev. 2.18.2015 Exhibit C – Page 9 of 11 Short Form/Construction
or damage that may happen to the Work or any part thereof; for any loss or
damage to any of the materials or other things used or employed in performing the
Work; for injury to or death of any person; or for damage to property from any
cause except losses due to sole or active negligence of the City's officers or
employees.
11.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury
to or death sustained by any person (including Contractor's employees and
subcontractors), or damage to property of any kind, or any other injury or damage
whatsoever, which injury, death or damage arises out of or is in any way
connected with the performance of the Work, regardless of the Contractor’s fault
or negligence, including any of the same resulting from City’s alleged or actual
negligent act or omission, or its agents, contractors or employees; except that said
indemnity shall not be applicable to injury, death or damage to property arising
from the sole or active negligence or willful misconduct of City, its constituent
entities, its and their officers, agents, or servants who are directly responsible to
City. This indemnification shall extend to claims asserted after termination of this
Contract for whatever reason.
11.3 In addition to any remedy authorized by law, as much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary by
the City, may be retained by the City until disposition has been made of such suits
or claims for damage.
12. CLAIMS. If any dispute shall arise between City and Contractor regarding performance
of the work, or any alleged change in the work, Contractor shall timely perform the
disputed work and shall give written notice of a claim for additional compensation for the
work to City within ten (10) days after commencement of the disputed work.
Contractor's failure to give written notice within the ten (10) day period constitutes an
agreement by Contractor that it will receive no extra compensation for the disputed work.
Disputes arising under this agreement shall be resolved in accordance with the procedures
set forth in Section 20104.50 of the Public Contract Code.
13. RECORDS AND AUDITS.
13.1 Contractor and its subcontractors shall establish and maintain records pertaining
to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles, and all records shall provide
a breakdown of total costs charged under this contract, including properly
executed payrolls, time records, invoices and vouchers.
13.2 Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
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Form Rev. 2.18.2015 Exhibit C – Page 10 of 11 Short Form/Construction
statements, invoices, or bills submitted by Contractor pursuant to this contract and
shall provide such assistance as may be reasonably required in the course of such
inspection. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the three (3) year period following the
termination of this Contract; and Contractor shall in no event dispose of, destroy,
alter, or mutilate said books, records, accounts, and data in any manner whatever
for three (3) years after the termination of this Contract.
13.3 Pursuant to California Government Code Section 10532, the parties to this
Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three (3) years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited
to, the cost of administering the contract
14. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the
Work. Contractor shall submit with each payment request waivers of lien from each
major supplier and/or subcontractor that meet the requirements of Civil Code Section
3262
15. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. 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. Documents shall
be printed on both sides of the page and City shall be provided with electronic copies of
documents (in Word or .pdf format) except where unusual circumstances make it
infeasible to do so.
16. 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.
17. JURISDICTION. 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.
18. SEVERABILITY. 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.
19. 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
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Form Rev. 2.18.2015 Exhibit C – Page 11 of 11 Short Form/Construction
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.
20. 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.
21. 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.
-End of Exhibit C-
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Form Rev. 2.18.2015 Exhibit D – Page 1 of 1 Short Form/Construction
Exhibit D
Funding Agency Requirements
[Delete this Exhibit if Not Applicable]
This agreement is funded in part pursuant to the contract between City and
______________________________ [Insert Name of Funding Agency] (“Funding Agency”)
attached hereto as Exhibit D-1 (“Funding agreement”). In recognition of the Funding agreement
City and Contractor agree that:
1. All contractual provisions required by the Funding agreement are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all Funding agreement-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the Funding agreement terms and conditions.
2. If Contractor claims or receives payment from City for a service, reimbursement for
which is later disallowed by the Funding Agency, the Contractor shall promptly refund
the disallowed amount to City upon City’s request. At its option, City may offset the
amount disallowed from any payment due or to become due to Contractor under this
agreement or any other agreement.
3. City may terminate or suspend performance of this agreement if Funding Agency
suspends or terminates funding pursuant to the terms of the Funding agreement. In the
event of suspension or termination City shall be obligated to fund only that portion of
Contractor’s work performed prior to the suspension or termination that is not funded by
the Funding agreement.
4. By executing this agreement, the Contractor certifies that the Contractor is not suspended,
debarred or otherwise excluded from participation in the program(s) supported by the
Funding agreement. Contractor acknowledges that this certification of eligibility to
receive Funding Agency funds is a material term of the agreement.
-End of Exhibit D-
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Form Rev. 2.18.2015 Exhibit E – Page 1 of 1 Short Form/Construction
Exhibit E
Supplemental Provisions
[Delete this Exhibit if Not Applicable]
507756.6
85
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: Public Works
PREPARED BY: John Cherbone
SUBJECT: Landscape Maintenance Contract
RECOMMENDED ACTION:
Approve a two-year contract with Vista Landscape for monthly landscape
the amount of $60,219 per year and authorize City Manager to execute the same.
BACKGROUND:
Vista Landscape Management maintains the
areas. The company has worked for the City over the
professional and economic manner.
A proposal for each maintenance area was solicited and Vista Landscape
proposal for the areas shown on the attached bid summary (Attachment A
landscape areas went to Gachina Landscape
It is therefore recommended that City Council approve a two year contract with
monthly maintenance services as described in the Recommended Action and authorize City
Manager to execute the same.
FISCAL STATEMENT:
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 2015
under Parks & Landscape Maintenance and Landscape & Lighting Assessment District.
FOLLOW UP ACTION:
The contracts will be executed.
SARATOGA CITY COUNCIL
John Cherbone, Public Works Director
Landscape Maintenance Contract - Vista Landscape
Vista Landscape for monthly landscape maintenance services in
per year and authorize City Manager to execute the same.
Landscape Management maintains the second largest number of City controlled landscape
areas. The company has worked for the City over the past few years, and has done so in a
e area was solicited and Vista Landscape provided the lowest
tached bid summary (Attachment A). The remainder of the
Gachina Landscape Management (see separate staff report).
It is therefore recommended that City Council approve a two year contract with Vista Lands
monthly maintenance services as described in the Recommended Action and authorize City
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 2015
Landscape Maintenance and Landscape & Lighting Assessment District.
maintenance services in
City controlled landscape
provided the lowest
). The remainder of the
Landscape for
monthly maintenance services as described in the Recommended Action and authorize City
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 2015-16
86
ATTACHMENTS:
A - Bid Summary
B - Maintenance Service Contract
87
Job Site Gachina Vista Loral Cienega
Joe's Trail $395 $302 no bid $295
Misc Trails $165 $201 no bid $295
Azule $609 $578 $677 $800
Beauchamps $280 $335 $261 $1,200
Civic Center $1,495 $1,259 $1,093 $4,800
Congress Springs $525 $594 $677 $700
El Quito Park $406 $346 $520 $585
Foothill $125 $123 $209 $385
Historical park $240 $195 $288 $575
Kevin Moran park $420 $622 $520 $875
Library $500 $756 $937 $675
Saratoga Prospect Center $630 $489 $625 $1,550
Ravenwood $94 $90 $211 $395
Downtown Landscape $165 $175 no bid $550
Parking Districts $560 $258 no bid $600
Blaney Plaza $210 $118 no bid $300
Gardiner park $210 $122 no bid $400
Brookglen Park $145 $95 no bid $350
Downtown Trash Receptacles $140 $113 no bid $400
Downtown Newspaper Racks $140 $85 no bid $135
Corporation Yard no bid $75 no bid no bid
Medians $4,376 $6,323 $4,930 $7,515
LLA Arroyo Saratoga $82 $147 $209 $450
LLA Beauchamps $82 $155 $364 $275
LLA Bellgrove $1,745 $2,315 $2,186 $4,000
LLA Bonnet Way $102 $75 no bid $400
LLA Westbrook $60 $104 no bid $110
LLA Carnelian Glen $82 $146 no bid $250
LLA Cunnigham/Glasgow $162 $141 no bid $675
LLA Allendale $140 $60 no bid $85
LLA Fredericksburg $204 $240 $314 $675
LLA Gateway $180 $169 $339 $750
LLA Greenbriar Azule $180 $60 $339 no bid
LLA Guava Court $140 $131 no bid no bid
LLA Seagull $114 $118 $339 no bid
LLA Horseshoe $162 $151 $520 $550
LLA Kerwin $360 $380 $548 $750
LLA Legends $198 $185 $312 $575
LLA Leuter $90 $90 no bid $475
LLA Manor $135 $150 $261 $600
LLA McCartysville $290 $355 $416 $750
LLA Prides Crossing $430 $461 $728 $1,250
LLA Quito $125 $146 $286 $200
LLA Sunland $280 $346 $598 $775
LLA Tollgate $96 $90 no bid $250
LLA Tricia Woods $85 $90 $261 $775
Bid Summary : Landscape Maintenance Services
Bidding Company
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Form Rev. 2.18.2015 Page 1 of 2 Short Form/Construction
City of Saratoga
Standard Short Form Construction Services Contract
for Projects Under $175,000
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation
(“City”), and _________________________________________ (“Contractor”), who agree that:
1. Purpose of Contract. This is a contract for ______________________________________________
as more specifically described in Exhibit A of this agreement (“Scope of Work”) and in accordance with Article
3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and
Article 12-15 of the City of Saratoga Municipal Code the City has solicited informal bids and selected
Contractor to perform the work.
2. Term. The term of this agreement commences on (check one): the date last signed below
________________ (“Effective Date”) and extends through ________________ or the completion of the
project, whichever occurs first.
3. Payment. City shall pay Contractor and Contractor agrees to accept for full performance of the work an
amount not to exceed the total sum of _____________________________________________________ dollars
($_______________________) for work to be performed and any authorized reimbursable costs subject to
adjustments for changes in the work as may be directed in writing by City. This is a (check one): Unit Price
Lump Sum contract. If this is a Unit Price Contract, the unit prices are set forth in the 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
and a notice to proceed from the Administrator.
4. Contract Administration. The primary representatives of City and Contractor for Contract
administration are listed below. The City’s primary representative is the Administrator.
City of Saratoga
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
5. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and
endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract,
and before execution of this agreement by the City. If this contract is for more than $25,000 it includes an
Exhibit B-1 and Contractor shall provide bonds in accordance with the requirements of that exhibit.
6. General Provisions. City and Contractor agree to and shall abide by the general provisions set forth in
Exhibit C.
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Form Rev. 2.18.2015 Page 2 of 2 Short Form/Construction
7. Supplemental Provisions. This agreement includes supplemental provisions described in connection
with each box checked below:
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply with
all rules and regulations required by such funding entity. Applicable funding entity requirements are set
forth in Exhibit D. Nothing in this paragraph or in the funding entity requirements shall be construed to
relieve Contractor of its duty to ensure that it is in compliance with all applicable laws and regulations.
Exhibit E sets forth provisions regarding _______________________________________________.
8. 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.
9. Entire agreement. This agreement supersedes any and all agreements, either oral or written, between
the parties 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. No amendment, alteration, or variation of the terms of this agreement shall be valid unless made in
writing and signed by the parties hereto.
10. Authority to Execute agreement. Each individual executing this agreement represents that he or she is
duly authorized to sign and deliver the agreement on behalf the party indicated and that this agreement is
binding on such party in accordance with its terms. This agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
Contractor Name/ Contract Description:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
90
Form Rev. 2.18.2015 Exhibit A Page 1 of 3 Short Form/Construction
Exhibit A
Scope of Work
Contractor shall perform the work described in below ("Work") in strict accordance with all
plans, specifications, and other Contract Documents. The term “Contract Documents” means
this agreement, all documents attached to or otherwise made a part of this agreement, including
but not limited to those identified in this Exhibit A, all certificates of insurance and any bonds
required by this agreement, and Section 9 of the State of California, Department of
Transportation Standard Specifications for Construction of Local Streets and Roads (2002)
which includes procedures for determination of payments, compensation for extra work by force
account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern
except with respect to conflicts with the proposal in which case the other Contract Documents
shall govern.
Summary of Scope of Work:
Work to be Performed: The Work is described in the documents checked below which are
incorporated into and hereby made a part of this agreement:
Notice Inviting Bids dated ________ (It is important to list this as the bid
notice date is used to determining the prevailing wage rates that will apply to
the work performed under the contract.)
Proposal dated ________________ (In addition to description of work,
license numbers for contractor and all subcontractors, and not to exceed
amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as
Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information
included as Exhibit A-3.
Plans prepared by ______________________, dated __________
Specifications as indicated below (check appropriate box):
91
Form Rev. 2.18.2015 Exhibit A Page 2 of 3 Short Form/Construction
Technical Specifications prepared by ______________________,
dated _______.
Caltrans Standard Specifications for the Construction of Local
Streets and Roads, 2006 Edition, English Units (1-9)
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to
diligently and fully perform and complete the work.
Contract Time: Contractor shall complete the Work no later than ____________. (Specify
number of days or specific date for completion. Consider whether interim milestones are
appropriate.)
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new,
free from faults and defects and of good quality. Contractor hereby warrants its work against all
deficiencies and defects for _____________________________ (insert number of months in text
and numeric format) months or the longest period permitted by the law of this State, whichever
is more, or as otherwise provided in the Contract Documents.
License Classification: In accordance with Section 3300 of the Public Contract Code, the City
has determined that the Contractor shall have a Class ___ (_______________) License at the
time it submits its bid to the City and at all times it is performing the Work.
Liquidated Damages: If Contractor fails to complete the Work within the Contract Time, the
City will sustain damage. The actual occurrence of damages and the actual amount of the
damages which the City would suffer if the Work were not completed within the Contract Time
would be impracticable and extremely difficult to determine. Damages the City would suffer in
the event of delay include, but are not limited to, loss of the use of the Work, costs of
administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the
damages which the City shall incur upon failure of the Contractor to complete the Work within
the Contract Time: _______________________________________________ Dollars per day
($______________________/Day), for each calendar day by which completion of the Work is
delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein
provided, and in case the same are not paid, agrees that the City may deduct the amount thereof
from any monies due or that may become due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection
during the delay in the completion of the Work caused by acts of God or of the public enemy,
fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather or delays of subcontractors due to such causes, provided that the Contractor shall within
five (5) days from the beginning of any such delay notify the Administrator, in writing, of the
causes of delay. The Administrator shall ascertain the facts and the extent of delay, and the
Administrator’s findings thereon shall be final and conclusive.
92
Form Rev. 2.18.2015 Exhibit A Page 3 of 3 Short Form/Construction
General and Special Conditions: Without limiting the generality of the foregoing, Contractor
shall comply with the following special conditions:
Special Conditions:
93
Form Rev. 2.18.2015 Exhibit A-1 Page 1 of 6 Short Form/Construction
Exhibit A-1
Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1. Conduct of the Work. Contractor shall:
• Prior to the start of Work, submit to the Administrator, the Contractor Safety
agreement attached as Exhibit A-2, the Department of Industrial Relations
Reporting form attached as Exhibit A-3, and the Workers Compensation
Acknowledgement attached as Exhibit A-4 each signed by an authorized
representative of Contractor
• Submit all required samples, product data, certificates, operations and
maintenance instructions, guarantees, and other submittals no later than five (5)
days after the date the City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
• Remove from the project site all debris resulting from performance of the Work
no less often than daily. If Contractor fails to do so, City may, after twenty-four
(24) hours' notice to Contractor, clean up the site and deduct the cost from the
Contract Price.
• For projects scheduled to require more than three (3) days to complete, prepare
and submit a written daily activity report to City for each day on which work is
performed, including weekends and holidays when worked, and submit the
reports to the City no later than the next day that the City is open for business.
The daily reports shall, at a minimum, include the following information:
construction activities and locations, start or completion of activities, progress on
construction activities (including units or portions of work completed), tests or
inspections performed, deliveries of material or equipment, delays or potential
delays, visitors to the site, weather conditions, construction equipment used, and
personal injuries or damage to property.
• Unload, hoisting and otherwise handling its own materials, supplies and
equipment.
• Keep itself fully informed of all applicable laws including existing and future state
and federal laws and county and municipal ordinances and regulations which in
any manner affect those engaged or employed in the work, or the materials used
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Form Rev. 2.18.2015 Exhibit A-1 Page 2 of 6 Short Form/Construction
in the work, or which in any way affect the conduct of work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
• Observe and comply with, and cause all of its agents and employees to observe
and comply with, all such applicable laws; and shall protect and indemnify the
City, and all elected officials, officers, employees, and agents thereof connected
with the Work, against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree. If any
discrepancy or inconsistency is discovered in the plans, drawings, specifications,
or contract for the work in relation to any such law, ordinance, regulation, order
or decree, Contractor shall forthwith report the same to the Administrator in
writing.
• Set up, identify, coordinate, provide safe access, and obtain all inspections for its
work, as required by any authorized agency or applicable code, prior to covering
up work.
2. Progress Of The Work.
A. Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m.,
Monday through Friday unless otherwise specified in the Special Provisions or
authorized by the City in writing. If the Contractor wishes to work during any
other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any
work. No work will be allowed on legal holidays except in the case of an
emergency. A listing of holidays observed by City is on file in the office of the
Administrator. If Contractor requests overtime work in which the City will incur
costs, Contractor shall be responsible for payment of the City’s costs incurred in
connection with the overtime work. The City will invoice the Contractor at time
and one half to cover the costs incurred. If Contractor does not pay the invoice
within ten days, the City may deduct the amount billed from other payments due
or to become due to Contractor under the Contract.
B. The Administrator or Administrator’s designee shall have the authority to suspend
the Work, wholly or in part, for such a period as the Administrator may deem
necessary.
3. Changes In Work.
A. Contractor shall make no changes in the Work without written direction from the
City. Contractor shall not be compensated for any change made without any such
written direction. No changes in the Work covered by this agreement shall
exonerate any surety or any bond given in connection with this agreement.
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B. If the City directs the Contractor in writing to make changes in the Work that
materially affect the cost of performing the Work, the Contract Price will be
adjusted based on one of the following:
i. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities
involved in the changed Work;
ii. By establishment of new unit prices and related quantities for the changed
Work;
iii. By a combination of existing and new unit prices and related quantities for
the changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that
Contractor demonstrates materially affect the time required to perform the work,
the City will make a reasonable adjustment to the Contract Time.
4. Inspection and Protection Of Work.
A. Contractor shall make the Work accessible at all reasonable times for inspection
by the City. Contractor shall, at the first opportunity, inspect all material and
equipment delivered to the jobsite by others to be used or incorporated in the
Contractor's work and give prompt notice of any defect therein. Contractor
assumes full responsibility to protect the work done hereunder until final
acceptance by the City.
B. When the Work is completed, Contractor shall request, in writing, a final
inspection. Within ten (10) days of the receipt of such request, the City shall
make a final inspection. The Contractor or its representatives may be present at
the final inspection. The purpose of such final inspection shall be to determine
whether the Work has been completed in accordance with the Contract
Documents, including all change orders and all interpretations and instructions
previously issued.
5. Utility Facilities.
A. The Contractor shall protect from damage any utility facilities that are to remain
in place, be installed, relocated or otherwise rearranged.
B. If Contractor while performing the Work discovers utility facilities not identified
in the Contract Documents, Contractor shall immediately notify the City and the
utility provider. City shall arrange the removal, relocation, or protection of
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existing main or trunk line utility facilities located at the site of the Work but not
identified in the Contract.
C. If the Contractor is required to locate, repair damage not due to the Contractor’s
failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes section of this
Contract, including payment for equipment on the Project necessarily idled during
such work.
D. Contractor will not be entitled to damages or additional payment for delays
caused solely by the failure of City, or the utility provider, to provide for removal
or relocation of existing main or trunk line utility facilities not identified in the
Contract Documents, except for equipment necessarily idled during such work.
E. Contractor shall not be assessed liquidated damages for delay in completing the
Work solely attributable to the failure of City, or the owner of the utility, to
provide for removal or relocation of existing main or trunk line utility facilities
not indicated in the Contract Documents with reasonable accuracy.
F. The right is reserved by the City and its authorized agents, to enter the job for the
purpose of making such changes as are necessary for the rearrangement of its
facilities or for making necessary connections or repairs to their properties. The
Contractor shall cooperate with forces engaged in such work and shall conduct
operations in such a manner as to avoid any delay or hindrance to the work being
performed by such other forces.
G. Attention is directed to the possible existence of underground facilities not known
to the City, or in a location different from that which is shown on the plans or in
the Special Provisions. The Contractor shall take all steps reasonably necessary
to ascertain the exact location of all underground facilities prior to doing work
that may damage such facilities or interfere with their service, including but not
limited to calling USA utility locator service to mark utilities.
6. Differing Site Conditions.
A. The Contractor shall promptly, and before the following conditions are disturbed,
notify the City in writing of any:
i. Material that the Contractor believes may be hazardous waste, as defined in
Section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions
of existing law;
ii. Subsurface or latent physical conditions at the site differing materially from
those indicated by information about the site made available to bidders prior
to the deadline for submitting bids; or
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iii. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in this Contract.
B. The City shall promptly investigate the conditions, and if it finds that such
conditions do materially so differ, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's cost of, or the time required for,
performance of any part of the Work, it shall issue a change order under the
provisions described in the Contract Documents.
C. No claim of the Contractor under this section 6 shall be allowed unless the
Contractor has given the notice required in the Contract Documents.
D. In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part
of the work, Contractor shall not be excused from completing the Work. The
Contractor shall proceed with all work to be performed under the Contract. The
Contractor shall retain any and all rights provided either by this Contract or by
law which pertain to the resolution of disputes and protests.
7. Cooperation And Care.
A. Should construction be under way by the City, other agencies or other contractors
within or adjacent to the limits of the work specified or should work of any other
nature be under way by other forces within or adjacent to said limits, the
Contractor shall cooperate with all such other contractors or other forces to the
end that any delay or hindrance to their work will be avoided. The City reserves
the right to perform other or additional work at or near the site (including material
sources) at any time, by the use of other forces.
B. Until the final acceptance of the contract, the Contractor shall have the charge and
care of the Work and of the materials to be used therein, including materials for
which partial payment has been received. The City shall not be held responsible
for the care or protection of any material or parts of the Work prior to final
acceptance, except as expressly provided in the Special Provisions.
8. Time.
A. Time is of the essence of this agreement. Contractor shall provide City with
scheduling information in a form acceptable to City, including any changes made
by City in the scheduling of work. Contractor shall coordinate its work with that
of all other contractors, subcontractors and suppliers so as not to delay or damage
their performance. It is further agreed that in case Contractor fails to complete the
Work in all parts and requirements within the Contract Time set forth in Exhibit
A, the City shall have the right to extend the Contract Time or not, as may seem
best to serve the interest of the City; and if it decides to extend the Contract Time,
City shall further have the right to charge to the Contractor, its heirs, assigns or
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sureties, and to deduct from the payment for the Work, all or any part, as it may
deem proper, of the actual cost of engineering, inspection, superintendence, and
other overhead expenses which are directly chargeable to the Contract, and which
accrue during the period of such extension. In the event that Contractor's work is
delayed for any reason, including acts of City, Contractor's sole remedy shall be
an extension of time equal to the period of delay, provided Contractor has given
City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this
agreement after a default by reason of delays, the payment or payments shall in no
respect constitute a waiver or modification of any agreement provisions regarding
time of completion and liquidated damages.
-End of Exhibit A-1
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Exhibit A-2
City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is performed
in accordance with the State’s environmental health and safety laws, codes and regulations. To this end, please
initial and check the following form in the appropriate boxes. Failure to do so may affect your contract with the
City of Saratoga. Please note that for the purposes of this document, you are referred to as “Contractor.” Upon
completion of this form send it to your contract Administrator at the City of Saratoga.
Contractor Name: _____________________________________
SAFETY MEASURE YES NO
1a) Contractor has employees and a written Injury and Illness Prevention Plan compliant
with 8CCR3203.
OR
1b) Contractor has no employees. My work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment,
and property.
2) Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the job.
3) Contractor will provide the City of Saratoga with a copy of the Safety Data Sheet
(SDS) for each chemical brought onto the site.
4) Contractor has and can provide the City of Saratoga a copy of the Hazardous Waste
disposal plan for any hazardous wastes generated during the job.
5) Contractor has and can provide the City of Saratoga a copy of their Lockout/Tagout
program if any work is to be done on any sources of hazardous energy.
6) Contractor has and can provide the City of Saratoga a copy of their Electrical Safety
program if any electrical work is to be performed.
7) Contractor has and can provide the City of Saratoga a copy of their Fall Protection
program if any work is to be performed that would require it.
8) Contractor has and can provide the City of Saratoga a copy of the Confined Space
program if any confined spaces are to be entered.
9) Contractor will provide the City of Saratoga a copy of their accident investigation
report for each accident that occurs during the performance of the contract.
10) Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training for employees if those employees occasionally work outdoors for two or more
hours/day.
Contractor: __________________________________ (print company name) hereby certifies that the
foregoing is true and correct.
_______________________ _____________
(Sign Name) Date
_______________________
(Print Name)
End of Exhibit A-2
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Form Rev. 2.18.2015 Exhibit A-3 Page 1 of 1 Short Form/Construction
Exhibit A-3
City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Project: [_____________________________________]
Contractor Name:
Contractor Mailing Address:
Contractor E-mail Address:
Contractor Telephone:
Contractor License Number:
DIR Registration Number:
Classification(s) or type(s)
of workers that will be
employed by the contractor
for this project:
Subcontractors: License Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
______________________ __________________
(Signature) Date
______________________
(Printed Name)
End of Exhibit A-3
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Exhibit A-4
Workers Compensation Acknowledgement
To be completed by Contractor and each subcontractor performing any portion of the work:
To: The City of Saratoga
From ____________________________________ [Name of Contractor or Subcontractor]
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract.
I certify that the statement above is correct and that I am authorized to make this statement on
behalf of the contractor named in the first line above.
______________________ __________________
(Signature) Date
______________________
(Printed Name)
End of Exhibit A-4
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Exhibit B
Insurance
The insurance requirements listed below that have an “X” indicated in the space before the
requirement apply to this agreement together with the general requirements for the duration of
the contract, and until the expiration of the warranty period following the final completion and
acceptance by the City.
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: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
with a copy to the Primary Representative listed in section 4 on page 1. During the term of this
agreement and until the expiration of the warranty period Contractor shall ensure that its
broker(s)/agent(s) provide the Risk Manager and Primary Representative with updated
certificates of insurance reflecting continued satisfaction of the requirements of this agreement
together with updated endorsements in the event of a change in the underlying insurance
policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
___ Commercial General/Business Liability Insurance with coverage at least as broad as
indicated:
___ $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and
property damage
____ Completed operations coverage. If this box is checked Contractor shall maintain
insurance as required by this contract to the fullest amount allowed by law and shall
maintain insurance for a minimum of five years following the completion of this project.
In the event contractor fails to obtain or maintain completed operations coverage as
required by this agreement, the City at its sole discretion may purchase the coverage
required and the cost will be paid by Contractor.
___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
___ Auto Liability Insurance with coverage as indicated:
___ $2,000,000 combined single limit for bodily injury and property damage
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___ $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.
___ Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily
injury or disease. The Employer's Liability policy shall be endorsed to waive any right of
subrogation against the City, its employees or agents.
_____ Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk
Insurance on a replacement cost basis in an amount equal to the full replacement cost of the
Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all risks
of loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot attending
a strike; civil commotion; smoke damage; damage by aircraft or vehicles; vandalism and
malicious mischief; theft; collapse; flood; and earthquake. This insurance shall name the City of
Saratoga, its elected and appointed officials, employees, agents and servants and the Contractor
as insureds, and shall include coverage including, but not limited to all damages or loss to the
Work; to appurtenances; to materials and equipment to be used on the Project while the same are
in transit or stored on or off the project site; and/or to construction plant and temporary
structures. Builder’s Risk Insurance policies shall name the City as loss payee, waive all rights
of subrogation against City, have a deductible not to exceed $5,000, and provide City the right to
occupy the premises without termination of the policy until acceptance of the Work.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
The City, its officers, officials, employees, agents and volunteers (each an “additional
insured”) are to be covered as insureds with the same coverage and limits available to the
named insured regarding: 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, agents or volunteers.
Any available insurance proceeds broader than or in excess of the minimum insurance
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coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named
insured; whichever is greater. The additional insured coverage under Contractor’s policy
shall be ''primary and non-contributory" and will not seek contribution from the City’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04 13 and CG 20
38 04 13. This requirement does not apply to errors and omissions insurance.
Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
The Contractor’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
2. 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. The
limits of insurance required in this agreement may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City (if agreed to in a written contract or agreement) before the City’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
3. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment
of any loss under such insurance. Contractor agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
4. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
5. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
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paragraph relieves Contractor of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Contractor may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VII.
8. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Contractor shall agree to be bound to Contractor and City in the same manner and to the
same extent as Contractor is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Contractor shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Contractor’s subcontract with subcontractor. Contractor shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
9. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
.
-End of Exhibit B-
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Form Rev. 2.18.2015 Exhibit B-1 Page 1 of 1 Short Form/Construction
Exhibit B-1 [Delete if not applicable]
Bonds (For Contracts in Excess of $25,000)
For contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified of
the award of the contract, and before the City will execute this agreement or issue a Notice to
Proceed, furnish and file with the City Performance and Payment Surety bonds as set forth
below. All bonds shall be issued and duly executed by a responsible corporate surety listed in
the United States Department of the Treasury circular entitled “Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies,” authorized to do business in the State of California and acceptable to City.
Contractor shall submit:
1. A Performance bond on the form attached, conditioned upon the faithful performance by
the Contractor of all requirements of the Contract Documents. This bond shall be in a
sum no less than one hundred percent (100%) of the total Contract Price.
2. A Payment Surety bond on the form attached that in all respects complies with Civil
Code sections 3247-3252, inclusive. This bond shall be in a sum no less than one
hundred percent (100%) of the Contract Price.
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as “Owner”) and
________________________________________ (hereinafter referred to as “Contractor”), have
entered into a written contract for furnishing of all labor, materials, equipment, transportation and
services for the construction of the ________________________________________ [NAME OF
PROJECT] (hereinafter referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond
for the faithful performance of all terms and conditions of the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and ________________________________
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Owner in the penal sum
of ________________________________________ Dollars ($__________________________),
lawful money of the United States, for the payment of which sum well and truly to be made as provided
in this Performance Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the Construction Contract, Surety
and Contractor shall have no obligation under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3. Surety’s obligation under this Performance Bond shall arise after:
A. Owner has declared a Contractor Default and has notified Contractor and Surety at its
address described in Paragraph 10 below that Owner has declared a Contractor Default and has
requested and attempted to arrange a conference with Contractor and Surety to be held not
later than seven days after receipt of such notice to discuss methods of performing the
Construction Contract; and
B. Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms
of the Construction Contract, to Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction Contract in accordance with
the terms of the Construction Contract with Owner.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety’s
expense take one of the following actions:
A. Arrange for Contractor, with consent of Owner, to perform and complete the Construction
Contract; or
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B. Undertake to perform and complete the Construction Contract itself, through its agents or
through independent contractors; or
C. Obtain bids or negotiated bids from qualified contractors acceptable to Owner for a contract
for performance and completion of the Construction Contract, arrange for a contract to be
prepared for execution by Owner and the contractor selected with Owner’s concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to Owner the amount of damages as
described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under
the terms of the Construction Contract, incurred by Owner resulting from Contractor’s Default;
or
D. Waive its right to perform and complete, arrange for completion, or obtain a new Contractor
and with reasonable promptness under the circumstances:
i. After investigation, determine the amount for which it may be liable to Owner and, as
soon as practicable after the amount is determined, tender payment thereof to Owner;
or
ii. Deny liability in whole or in part and notify Owner citing specific reasons therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the
notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph
3.A), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed
to be in default on this Bond. If the Surety proceeds as provided in Subparagraph 4.D, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further
notice Owner shall be entitled to enforce any remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph
4.A, 4.B, or 4.C above, then the responsibilities of Surety to Owner shall not be greater than those of
Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be
greater than those of the Owner under the Construction Contract. To the limit of the amount of this
Performance Bond, but subject to commitment by Owner of the Balance of the Agreement Price to
mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication
for:
A. The responsibilities of Contractor for correction of defective work, materials and equipment
and completion of the Construction Contract;
B. Additional legal, design professional, construction management and delay costs resulting
from the Contractor’s Default, and resulting from the actions or failure to act of the Surety
under Paragraph 4; and
C. Liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or non‐performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to
the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on
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account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or
entity other than Owner or its heirs, executors, administrators or successors.
8. Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be
taxed as an item of costs.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via
facsimile to the facsimile number, shown on the signature page.
11. DEFINITIONS
11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to Contractor
of any amounts received or to be received by Owner in settlement of insurance or other claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf
of Contractor under the Construction Contract.
11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the
first page of this bond, including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Construction Contract.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
Fax: Fax:
Note: Signatures of those executing for Surety must be properly acknowledged. The bond must be
accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.
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LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as “Owner”) and
________________________________________ (hereinafter referred to as “Contractor”), have
entered into a written contract for furnishing of all labor, materials, equipment, transportation and
services for the construction of the ________________________________________ [NAME OF
PROJECT] (hereinafter referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to
secure payment for all work, labor, materials, equipment or services furnished in connection with the
Construction Contract;
NOW, THEREFORE, Contractor, as principal, and ________________________________
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as defined
herein, in the penal sum of ________________________________________ Dollars
($__________________________), lawful money of the United States, for the payment of which sum
well and truly to be made as provided in this Payment Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services,
or other items furnished for use and actually used in the performance of the Construction Contract,
which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
A. Promptly makes payment, directly or indirectly, for all sums due Claimants, and
B. Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials,
equipment, services or other items furnished for use in the performance of the Construction
Contract, provided Owner has promptly notified Contractor and Surety (at the address
described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to Contractor and Surety.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes
payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
A. Claimants who are employed by or have a direct contract with Contractor have given notice
to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Payment Bond and, with substantial accuracy, the amount
of the claim.
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B. Claimants who do not have a direct contract with the Contractor:
i. Have furnished written notice to Contractor and sent a copy, or notice thereof, to
Owner, as required by and conforming with Civil Code Sections 3252 and 3091; and
ii. Not having been paid within thirty (30) days of sending the required notice, have sent
a written notice to Surety (at the address described below) and sent a copy to the
Owner, stating that a claim is being made under this Payment Bond and enclosing a
copy of the previous written notice furnished to Contractor.
5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at
Surety’s expense take the following actions:
A. Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the
claim, stating the amounts that are undisputed and the basis for challenging any amounts that
are disputed.
B. Pay or arrange for payment of any undisputed amounts.
6. Surety’s total obligation shall not exceed the amount of this Payment Bond, and the amount of
this Payment Bond shall be credited for any payments made in good faith by Surety.
7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By
Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by
Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of
Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the
completion of the work or the satisfaction of Owner’s claims, including liquidated damages, under the
Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that
are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or
expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no
obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants
under this Payment Bond.
9. Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’
fees, to be taxed as costs.
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11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the
signature page.
12. This Payment Bond has been furnished to comply with Civil Code Sections 3247 through 3252.
Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed
deleted and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and
not as a common law bond.
13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment
Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be
made.
14. DEFINITIONS
14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181 or 3248.
14.2 Construction Contract: The agreement between Owner and Contractor identified above,
including all Contract Documents and changes thereto.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
Fax: Fax:
Note:. Signatures of those executing for Surety must be properly acknowledged. The bond must be
accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.
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Exhibit C
General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A because it lacks the qualified
personnel to provide the specified work product. Contractor is qualified to provide the
required work product and is agreeable to providing such work product on the terms and
conditions in this agreement.
1.1 In General. 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. No relationship of employer and
employee is created by this agreement between the City and Contractor or any
subcontractor or employee of Contractor. 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. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. 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.
1.3 Standard of Care. Contractor shall complete the 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.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Contractor as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Contractor
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shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
1.5 Use of City Equipment. City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Contractor, or by any of its employees, even though such equipment be furnished,
rented or loaned to Contractor by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Contractor is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Contractor which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Contractor for City, upon notification of such fact by
the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor
under this agreement (again, offsetting any amounts already paid by the
Contractor which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Contractor shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Contractor is an employee for any other purpose, then the Contractor agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES. The City’s Administrator designated in section
4 on page 1 of this agreement is authorized 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 the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with
the terms of this agreement shall be in writing and may be given either personally,
by certified mail, return receipt requested, or by overnight express carrier. The
notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority or overnight express carrier
indicates that the mailing was delivered to the address of the receiving party. The
parties shall make good faith efforts to provide advance courtesy notice of any
notices or communications hereunder via e-mail. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set forth
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above; nor shall lack of such courtesy notice affect the validity of service pursuant
to the notice requirement set forth above.
2.2 Addresses for Notice. Notices or communications shall be given to the parties at
the addresses set forth in section 4 (“Contract Administration”) unless otherwise
designated in a written notice to the other party. In addition, notices to City shall
be copied to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Crystal Bothelio
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
2.3 Change of Address. 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.
3. PAYMENT. The payments specified in this paragraph 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 and City shall pay
such billings in the manner specified in this paragraph. Payment shall be made payable
to Contractor and delivered to the address specified in section 4 on page 1 of this
agreement. The making of any payment by City, or the receipt thereof by the Contractor,
shall in no way lessen the liability of the Contractor to correct or revise unsatisfactory
work, even though the unsatisfactory character of such work may not have been apparent
or detected at the time such payment was made. In no event shall City be liable for
interest or late charges for any late payments.
3.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and
payment shall be as follows:
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with the Unit Prices in the Scope of Work
prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the
amount of prior billings, the total due this period,
percentage of work completed, the remaining balance
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available for all remaining billing periods, and a brief
description of work completed during the billing period.
(b) City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than
thirty five (35) days after the date the City accepts the Work.
3.2 Lump Sum. If this contract is designated as a Lump Sum Contract Contractor
shall submit a final payment application in the amount of the contract sum upon
completion of the Work and satisfaction of all conditions of the agreement. City
shall make payment within 30 days of receipt of application, less five percent
retention. City shall release the retained funds no less than thirty five (35) days
after the date the City accepts the Work.
3.3 Additional Payment Terms.
(a) Pursuant to Public Contract Code Section 22300, for monies
earned by the Contractor and withheld by the City to ensure the
performance of the Contract, the Contractor may, at its option,
choose to substitute securities meeting the requirements of Public
Contract Code Section 22300.
(b) Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form
satisfactory to City, prior to receipt of any payment. Contractor
shall submit Conditional and Unconditional waivers and release of
lien (as provided in Civil Code Section 3262) on behalf of itself
and suppliers that furnished labor, material, equipment or services
to the Project.
(c) Attention is directed to Section 9 of the State of California,
Department of Transportation Standard Specifications for
Construction of Local Streets and Roads (2002) which includes
procedures for determination of payments, compensation for extra
work by force account, partial payments, and final payments.
These provisions are Contract Documents incorporated into this
agreement.
(d) Charges from Contractor to City will not be honored or paid by
City unless the charges are authorized and approved by City at the
time the work is being performed.
4. LABOR.
4.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California
Labor Code (Sections 1720 and following), and Contractor and any subcontractor
shall pay not less than the prevailing rates of wage as determined by the
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California Department of Industrial Relations (“DIR”) to all workers employed in
performance of the Work. Pursuant to the provisions of Section 1770 of the
Labor Code of the State of California, the City has obtained the general prevailing
rate of wages and employer payments for health and welfare, vacation, pension
and similar purposes in the vicinity of the Work, a copy of which is on file in the
office of the City, and shall be made available for viewing to any interested party
upon request. Full compensation for conforming to the requirements of this
section 4 shall be deemed included in the prices paid for the various contract
items of work, and no separate payment will be made therefor.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid
proposal, subject to the requirements of section 4104 of the California Labor
Code, and shall not engage in the performance of any work under this contract,
unless currently registered and qualified to perform public work pursuant to
section 1725.5 of the California Labor Code. Contractor represents and warrants
that it is, registered and qualified to perform public work pursuant to section
1725.5 of the California Labor Code unless otherwise noted in supplemental
provisions hereto.
4.3 Contractor shall post at the job site the determination of the director of the
prevailing rate of per diem wages together with all job site notices that are
required by regulations of the DIR.
4.4 As required by Labor Code Section 1773.8, the Contractor shall pay travel and
subsistence payments to each worker needed to perform the Work, as such travel
and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Section 1773.8.
4.5 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. Contractor and any subcontractors shall keep
accurate payroll records, in accordance with Section 1776 of the Labor Code,
showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed
by Contractor or subcontractor in connection with the Work and shall furnish the
records specified in California Labor Code section 1776 directly to the Labor
Commissioner at least monthly in a format prescribed by the Labor Commissioner
and otherwise in accordance with law.
4.6 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this
article.
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4.7 Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6
of the Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor. It shall be the responsibility of the Contractor to effectuate
compliance on the part of itself and any subcontractors with the requirements of
said sections in the employment of apprentices. Information relative to
apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
4.8 Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will
be required to secure the payment of worker’s compensation to its employees in
accordance with the provisions of Section 3700 of the Labor Code. Prior to
commencement of work, the Contractor shall sign and file with the Administrator
a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker’s
compensation or to undertake self-insurance in accordance with the
provisions before commencing the performance of the work of this
contract."
5. LICENSE REQUIREMENT. Contractor’s attention is directed to Business and
Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the
time Contractor submits its bid to the City and all times Contractor is performing the
Work, Contractor shall have a valid license issued by the Contractors State License Board
in the classification stated in the Special Provisions. Contractor and all subcontractors
shall be licensed in accordance with the laws of this State and any contractor or
subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT
OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE
FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED
TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
6. CONTRACTOR NOT 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.
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7. 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.
8. ASSIGNMENT AND SUBCONTRACTING.
8.1 Contractor shall give personal attention to the performance of the Contract and
shall keep the Work under its control.
8.2 For the purposes of administering this agreement no subcontractors will be
recognized by the City as such, and all persons engaged in the work of
construction will be considered by the City as employees of the Contractor, who
will be held responsible for their work which shall be subject to the provisions of
the Contract and specifications.
8.3 No subcontractor who is ineligible to bid work on, or be awarded, a public works
project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Contractor is prohibited
from performing work on the Project with a subcontractor who is ineligible to
perform work on a public works project under these sections of the Labor Code.
8.4 When a portion of the work which has been subcontracted by the Contractor is not
being prosecuted in a manner satisfactory to the City, the subcontractor shall be
removed immediately on the request of the City and shall not again be employed
on the work.
8.5 Contractor may not assign performance of the Contract except upon written
consent of the City.
9. TERMINATION.
9.1 Should Contractor fail within five (5) working days from receipt of City's written
notice to correct any contractual deficiencies, including but not limited to failure
to perform the Work in accordance with the Contract Documents, failure to
comply with the directions of City, or failure to pay its creditors, City may
terminate this agreement for default. Following a termination for default, City
shall have the right to take whatever steps it deems necessary to correct and
complete the work and charge the cost thereof to Contractor, who shall be liable
for the full cost of City's corrective action, including reasonable overhead,
administrative costs, and attorneys' fees.
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9.2 City may at any time terminate the Contract at City's convenience upon five days
written notice to Contractor; in the event of termination for convenience,
Contractor shall recover only the amount due under the contract for Work
completed to the date of termination in accordance with the Contract Documents,
less amounts paid to date. Contractor shall not be entitled to any claim or lien
against City for any additional compensation or damages in the event of such
termination.
9.3 If City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this
section, and Contractor specifically waives any claim for any other amounts or
damages, including, but not limited to, any claim for consequential damages or
lost profits.
9.4 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.
10. CONFLICT OF INTEREST
10.1 In General. Contractor represents and warrants that it presently has no interest,
and will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Contractor shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
10.2 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.
10.3 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 performance of the Scope of Work or
authorizes funding to Contractor.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 The City of Saratoga and all officers, employees, and agents thereof connected
with the Work, shall not be answerable or accountable in any manner for any loss
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or damage that may happen to the Work or any part thereof; for any loss or
damage to any of the materials or other things used or employed in performing the
Work; for injury to or death of any person; or for damage to property from any
cause except losses due to sole or active negligence of the City's officers or
employees.
11.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury
to or death sustained by any person (including Contractor's employees and
subcontractors), or damage to property of any kind, or any other injury or damage
whatsoever, which injury, death or damage arises out of or is in any way
connected with the performance of the Work, regardless of the Contractor’s fault
or negligence, including any of the same resulting from City’s alleged or actual
negligent act or omission, or its agents, contractors or employees; except that said
indemnity shall not be applicable to injury, death or damage to property arising
from the sole or active negligence or willful misconduct of City, its constituent
entities, its and their officers, agents, or servants who are directly responsible to
City. This indemnification shall extend to claims asserted after termination of this
Contract for whatever reason.
11.3 In addition to any remedy authorized by law, as much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary by
the City, may be retained by the City until disposition has been made of such suits
or claims for damage.
12. CLAIMS. If any dispute shall arise between City and Contractor regarding performance
of the work, or any alleged change in the work, Contractor shall timely perform the
disputed work and shall give written notice of a claim for additional compensation for the
work to City within ten (10) days after commencement of the disputed work.
Contractor's failure to give written notice within the ten (10) day period constitutes an
agreement by Contractor that it will receive no extra compensation for the disputed work.
Disputes arising under this agreement shall be resolved in accordance with the procedures
set forth in Section 20104.50 of the Public Contract Code.
13. RECORDS AND AUDITS.
13.1 Contractor and its subcontractors shall establish and maintain records pertaining
to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles, and all records shall provide
a breakdown of total costs charged under this contract, including properly
executed payrolls, time records, invoices and vouchers.
13.2 Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
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statements, invoices, or bills submitted by Contractor pursuant to this contract and
shall provide such assistance as may be reasonably required in the course of such
inspection. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the three (3) year period following the
termination of this Contract; and Contractor shall in no event dispose of, destroy,
alter, or mutilate said books, records, accounts, and data in any manner whatever
for three (3) years after the termination of this Contract.
13.3 Pursuant to California Government Code Section 10532, the parties to this
Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three (3) years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited
to, the cost of administering the contract
14. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the
Work. Contractor shall submit with each payment request waivers of lien from each
major supplier and/or subcontractor that meet the requirements of Civil Code Section
3262
15. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. 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. Documents shall
be printed on both sides of the page and City shall be provided with electronic copies of
documents (in Word or .pdf format) except where unusual circumstances make it
infeasible to do so.
16. 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.
17. JURISDICTION. 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.
18. SEVERABILITY. 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.
19. 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
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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.
20. 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.
21. 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.
-End of Exhibit C-
124
Form Rev. 2.18.2015 Exhibit D – Page 1 of 1 Short Form/Construction
Exhibit D
Funding Agency Requirements
[Delete this Exhibit if Not Applicable]
This agreement is funded in part pursuant to the contract between City and
______________________________ [Insert Name of Funding Agency] (“Funding Agency”)
attached hereto as Exhibit D-1 (“Funding agreement”). In recognition of the Funding agreement
City and Contractor agree that:
1. All contractual provisions required by the Funding agreement are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all Funding agreement-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the Funding agreement terms and conditions.
2. If Contractor claims or receives payment from City for a service, reimbursement for
which is later disallowed by the Funding Agency, the Contractor shall promptly refund
the disallowed amount to City upon City’s request. At its option, City may offset the
amount disallowed from any payment due or to become due to Contractor under this
agreement or any other agreement.
3. City may terminate or suspend performance of this agreement if Funding Agency
suspends or terminates funding pursuant to the terms of the Funding agreement. In the
event of suspension or termination City shall be obligated to fund only that portion of
Contractor’s work performed prior to the suspension or termination that is not funded by
the Funding agreement.
4. By executing this agreement, the Contractor certifies that the Contractor is not suspended,
debarred or otherwise excluded from participation in the program(s) supported by the
Funding agreement. Contractor acknowledges that this certification of eligibility to
receive Funding Agency funds is a material term of the agreement.
-End of Exhibit D-
125
Form Rev. 2.18.2015 Exhibit E – Page 1 of 1 Short Form/Construction
Exhibit E
Supplemental Provisions
[Delete this Exhibit if Not Applicable]
507756.6
126
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Clerk
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: Resolution Updating the City’s Records Retention Schedule
RECOMMENDED ACTION:
Adopt the resolution updating the City’s Records Retention Schedule.
BACKGROUND:
The Council approved an updated Records Retention Schedule on December 4, 2013.
the City Clerk’s office has discovered new records series that needed to be added. Some
examples of new records series are Tobacco Retailer Licensing, Median Banner Applications,
Press Releases, and Administrative Hearings. There is also a new definition of Major Litigation
to bring it up-to-date with the State of California definition.
Schedule has the new records series in red.
ATTACHMENTS:
Attachment A - 2015 Draft Records Retention S
Attachment B - Resolution
SARATOGA CITY COUNCIL
Debbie Bretschneider, Deputy City Clerk
Resolution Updating the City’s Records Retention Schedule
resolution updating the City’s Records Retention Schedule.
The Council approved an updated Records Retention Schedule on December 4, 2013. Since then,
the City Clerk’s office has discovered new records series that needed to be added. Some
mples of new records series are Tobacco Retailer Licensing, Median Banner Applications,
Press Releases, and Administrative Hearings. There is also a new definition of Major Litigation
date with the State of California definition. The 2015 Draft Records Retention
new records series in red.
2015 Draft Records Retention Schedule
Since then,
the City Clerk’s office has discovered new records series that needed to be added. Some
mples of new records series are Tobacco Retailer Licensing, Median Banner Applications,
Press Releases, and Administrative Hearings. There is also a new definition of Major Litigation
5 Draft Records Retention
127
Page 1 of 26
Record Series
Official
Retention Citation V H C Description
Administrative Policies SU+5 GC 34090
All City policies and procedures, including
appropriate policy manuals and handbooks.
Records documenting the implementation of
management and administrative policies and
directions for various City functions.
Administrative
Records CU+2 GC 34090
Records of a general nature including copies of
memos, letters, chronological files, archived
calendars etc. that pertain to the general
administrative activities and duties of the
Department.
Association Files SU+2 GC 34090
Records related to membership or the activities of
professional or industry associations of which the
City or City staff is a member or has a business
interest.
Bids and Proposals,
Successful AU+5 GC 34090;
CCP 337 X
Bids, proposals, and records of request for
qualifications and requests for proposals
regarding goods and services, where the proposal
was selected by the City.
Bids and Proposals,
Unsuccessful CU+2 GC 34090
Bids, proposals, and records of request for
qualifications and requests for proposals
regarding goods and services. Unsuccessful
proposals not selected by the City.
General Public
Complaint Files CL+2 GC 34090
Records related to complaints filed by the public
regarding the City's operations, activities, or
policies.
Contracts and
Agreements CL+10 CCP 337, 343 X
Does not include capital improvement projects.
Includes leases, equipment, services or supplies.
Official contract filed with the City Clerk.
Contracts and
Agreements, Capital
Improvement Projects
P GC 34090,
H&S 19850 X
Capital improvement projects. Includes
specifications and plans, certificates of insurance,
insurance bonds, and scopes of work. Official
contract filed with the City Clerk.
Delegation of Authority
- Signature
Authorization Forms
P GC 34090
Records authorizing specified employees to sign
for and approve certain activities or documents
during the absence of the individual normally
authorized to do so.
GENERAL ADMINISTRATION
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
128
Page 2 of 26
Record Series
Official
Retention Citation V H C Description
Delivery Receipts CU+2 GC 34090
Records documenting receipt of items sent by
certified mail or hand delivered (e.g., appeals).
General Subject Files/
Correspondence CU+2 GC 34090(d)
Working documents and correspondence not in
project files.
Historical Documents P GC 34090 X
Documents determined to have historic value; i.e.,
records and photographs related to significant
decisions, projects, or programs of City staff.
E.g., pictures on the creation of the city seal;
newspaper article documenting the anniversary of
the city.
Legal Advertising CU+4
CCP 343, 349
et seq.; GC
911.2, 34090
Records related to legal advertising required for
public hearings. Includes proof of publication
notices.
Master Plans/
Strategic Plans SU+2*GC 34090 X
Special or long-range program plans and goals
for the City, e.g., coordination of services. (*Scan
into electronic repository before destroying .)
Minutes,
Administrative
Meetings
CU+2 GC 34090
Meeting minutes, records associated with staff
meetings, not Council-related.
Publications and
Presentations SU+2*GC 34090
Records related to providing information to the
public and to staff about City activities. Includes
internal and external newsletters, news clippings,
brochures, and press releases. Records of
presentations to public groups by members of the
Council or City staff. Associated working files,
such as graphics used in document creation,
where applicable. (*Scan into electronic
repository before destroying .)
Reference Files,
External Sources CL+2 GC 34090
Documents published by outside organizations,
used for reference or research. Includes reports
from external providers of services to the City and
City residents.
Reference Files,
Internal CL+2 GC 34090 City-generated files used as reference.
Reports, General CU+2 GC 34090
Reports generated by staff, relating to status or
progress of routine City activities. Not agenda-
related reports.
Special Projects CU+2 GC 34090
Records relating to special projects carried out by
the department. E.g., Tree-lighting ceremony
project records.
129
Page 3 of 26
Record Series
Official
Retention Citation V H C Description
Account
Reconciliation AU+5 GC 34090
Reports and related documents showing
transactional activity and month-to-month status
of balance sheet accounts.
Audit Work Papers AU+5 GC 34090 Back up documents and confirmation letters.
Banking Records AU+5
GC 34090; 26
CFR 31.6001-
1
Records related to bank transactions including
deposit of funds, bank statements, bank
reconciliations, disbursements, and wire fund
transfers.
Bond Documents CL+10 GC 34090;
CCP 337.5 X
Bonds, revenue records relating to interest
bearing certificates (negotiable instruments)
issued by City to raise revenues, including
certificates of participation and any non-
discharged debt.
General Ledger P GC 34090;
CCP 337 X Summary of all financial accounts. Records
relating to postings to the General Ledger.
Grants, CDBG and
Urban Development CL+4
24 CFR
570.502(b)(3)
, 85.42; OMB
Cir. A-102, A-
110, A-128,
HUD regs
X
Community Development Block Grants and
associated records: applications, reports,
contracts, supporting documents.
Grants, CDBG -
Unsuccessful CL+2 GC 34090
Community Development Block Grants and
associated records, where the application was not
successful and grant was not awarded.
Grants, Financial
Records CL+5*GC 34090 X
Grant information and documentation, including
financial data, for all grants applied for by the City.
(*Certain grants may have individual
requirements. Refer to grant's close-out
procedures .)
Journal Entries AU+4 GC 34090 X Documentation of financial transactions entered
into the general ledger.
ACCOUNTING
ADMINISTRATIVE SERVICES
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
130
Page 4 of 26
Record Series
Official
Retention Citation V H C Description
Accounts Payable
(check runs & check
registers)
AU+4 GC 34090 X
Records relating to payment of financial
obligations (money owed by the City). Includes
vendor and contractor invoices, bills, statements
and any non-discharged debt. Also includes
delivery receipts and employee travel
reimbursements, petty cash requests for
reimbursement, check requests, and expense
reports. Records listing individual checks issued,
and the date, payee, amount and purpose of each
expense.
Checks AU+5 GC 34090;
CCP 337 X
Includes canceled and voided checks. Physical
checks returned by the bank, or CD's containing
digital images of cancelled checks, received
monthly from the bank.
Fixed Assets AU+4
GC 34090; 26
CFR 301 65-
1(F); CCP
337
X
Records relating to the acquisition, depreciation,
accrual, and disposal of fixed assets.
Purchase Order Files AU+4 GC 34090;
CCP 337 X
Original copies of Purchase Orders issued by the
City to sellers or service providers, detailing
products or services ordered, terms of sale, and
payment agreement.
Tax Records, Vendor AU+5
GC 34090; 29
USC 436; IRS
Reg 31.6001-
1(e)(2); R&T
19530; 29
CFR 516.5-
516.6
X X
Forms 1099, and W-9s filed for reporting
payments to vendors. Records relating to
withholding orders on payments to instructors or
vendors from federal, state, or other agencies.
Accounts Receivable AU+4 GC 34090 X
Records related to accounting for money owed to
the City, where the City sends out billing invoices.
Includes false alarm cards.
Business License
Applications P
GC 34090,
Municipal
Code 4-
05.070
X
Original applications for business licenses
submitted to the City.
Business License
Files T+4 GC 34090;
CCP 337 X Business license renewal notice reports and
business license issuance reports.
Cash Receipts AU+4 GC 34090;
CCP 337 X
Records related to payment received by the City.
Includes, cash, check, and credit card payments.
Tobacco Retailer
Licensing CU+2 GC 34090 Includes Application and License
ACCOUNTS PAYABLE
ACCOUNTS RECEIVABLE
131
Page 5 of 26
Record Series
Official
Retention Citation V H C Description
Budgets, Adopted P GC 34090 X
Annual operating and capital budget documents
relating to internal planning and financial
management. Includes budget vs. cost reports,
summaries, schedules, goals and objectives and
milestones. Official City budgets as approved by
City Council.
Budget Adjustments,
Journal Entries AU+4 GC 34090 X Records of alterations to the budget due to
changes in City revenue or expenditures.
Budgets, Proposed CU+2 GC 34090 Budgets presented to City Council for approval.
Benefits File: COBRA
Files T+10
29 CFR
1602.30-32,
1627.3; 29
USC 1027;
GC 34090
X X
May include enrollment application, release
authorizations, copies of proof of premium
payment, if applicable.
Benefits File: Medical
Leaves of Absence CL+30
FMLA 1993
US OSHA; 29
CFR 1910.20;
29
CFR1602.30.
32; 49 CFR
192-9
X
Records filed as part of a request for leave of
absence. May include application and applicable
medical records.
Benefits File:
Retirement Plans P
GC 12946,
34090, 29
CFR
1627.3(2)
X X
PERS and beneficiary documents.
Cal OSHA CU+5 8 CCR
14300.33
Forms 300-A Annual Summary and 301 (workers
compensation injury reports) filed with Cal OSHA.
City Volunteer
Program Records T+2 GC 34090 X
Records of the activities and administration of the
City's volunteer program, including all records
maintained on active and non-active volunteers.
Disaster Service
Worker Volunteer
Program Records
T+5*GC 3105(c),
(e)X X
The oath or affirmation of any disaster service
worker of any city shall be filed in the office of the
city clerk of the city.
(* If volunteer and not public employee, T =
Termination of volunteer service; If volunteer is a
public employee, T = Termination of
employment .)
Employee Handbooks
(Personnel Rules and
Policies)
SU+2 GC 34090 X
Authoritative manual of employee policies.
HUMAN RESOURCES
BUDGETS
132
Page 6 of 26
Record Series
Official
Retention Citation V H C Description
Employees Personnel
Files T+10
GC 34090; 29
CFR 1602.30-
32, 1627.3
X X
Official records of personnel history for all active
City employees of regular status (full-time and
part-time) or temporary status (non-benefited full-
time and part-time). Includes all job actions such
as new hire paperwork, certifications,
performance appraisals, personnel action
changes - recorded on personal action forms
(PAF), warning and discipline letters,
commendations, emergency contact information,
and records of leave taken under family leave
laws. Separated employees’ personnel files are
kept as a personnel history record. Not a public
record.
Employment
Applications CU+2
GC34090;
GC 12946; 29
CFR 1627.3
Applications submitted for existing or anticipated
job openings. (Mostly all electronic files on
Calopps.org.)
Immigration T+3
8 CFR
274a.2(b)(2)(i
); Immigration
Reform/Contr
ol Act 1986
Pub. L 99-603
(8 USC
1324a); GC
34090
X X
I-9 Form; proof of eligibility to work in the United
States of America.
Insurance, Workers
Compensation P
GC 6410; 8
CCR
15400.2(a);
LC 110-139.6
X
Workers Compensation records relating to
employee industrial claims history. Insurance
administered through ABAG.
Negotiations P
29 USC
211(c),
203(m),
207(g)
X X
Contracts, memorandum of understanding
(MOUs), correspondence, and official meeting
notes.
Position Recruitment CL+3
GC 12946;
GC 6250 et
seq.; 29 CFR
1602 et seq.;
29 CFR 1607;
29 CFR
1627.3
X
May include applications and resumes for those
considered and/or selected for the position,
eligibility list, examination material and answer
sheets, job announcements, written
correspondence with candidates such as rejection
letters or invitations to the next phase of the
process.
133
Page 7 of 26
Record Series
Official
Retention Citation V H C Description
Salary Range Tables
and Job Descriptions SU+2
GC 12946,
34090; 29
CFR
516.6(a)(2);
29 CFR
1602.14
X X
Includes classification salary range tables,
classification studies and survey's. Note: Only the
most current salary range tables and job
descriptions are vital records.
Training Records and
Tuition
Reimbursement
Program
CU+7
AB 1825 (GC
12950.1); 2
CCR 7288.0;
GC 6250 et
seq.
X X
Written records of which employees received
training and the dates of all training sessions.
For sexual harassment training, the name of the
training provider.
Unemployment
Insurance Claim
Records
T+6
GC 12946,
34090; 29
USC 1027,
1113; 29 CFR
1602 et seq.,
516.2
X
All documented claims submitted by former
employees for unemployment compensation.
Records may include: claim records, notices,
reports, records generated by the appeal of claim
determinations.
Computer System
Administration SU+5 GC 34090 X X
Records regarding activities to maintain and
ensure continued operation of computer systems
and applications. Checklists and special requests
regarding new users, new system set up, and
termination. (Electronic documents.)
E-Mail Archives CU+4 GC 34090 X
Archived e-mail shall be maintained for five years;
however, this does not override any specific
retention requirements of individual records
series. E-mails that constitute records must be
preserved according to their retention periods
elsewhere in this schedule.
Network Configuration SU+5 GC 34090;
CCP 337.2 X
Network information systems (LAN/WAN)
configuration maps and plans. Records relating
to the infrastructure and set-up of servers.
(Electronic documents.)
Security Clearance
Records SU+5 GC 34090 X X
Records related to authorizing employees or
contractors to have access to a City computer
system, system module or the data stored in a
computer system or system module. Generally
tracks permissions by position or employee
classifications.
Software Application
Files SU+2 GC 34090 X
Records related to software applications owned
by the City. Includes software registrations and
records related to the maintenance of software
applications. Licenses, authorization codes and
certificates for support services.
INFORMATION TECHNOLOGY
134
Page 8 of 26
Record Series
Official
Retention Citation V H C Description
Deferred
Compensation
Records
T+5
GC 34090; 26
CFR 31.6001-
1; 29 CFR
1627.3(2)
X X
Reports and payment records by pay period.
Employee contributions and City payments to
deferred compensation plan 457.
Employee Payroll
Files T+6
GC 34090; 29
CFR 516.2,
516.5-516.6;
IRS Reg
31.6001-
1(e)(2); 29
USC 436;
R&T 19530
X X
Records relating to individual employees,
including new hire, termination, salary, benefits,
deductions, employee benefit enrollment forms,
direct deposit authorization, W-4, DE-4, and
employee authorizations for deductions. Includes
withholding orders on employees.
Payroll - Employee
Timesheets (Bi-weekly
pay run)
AU+6
GC 34090; 29
CFR 516.2;
20 CFR
516.6(1); IRS
Reg. 31.6001-
1(e)(2); R&T
19530; LC
1174(d)
X X
Timesheets, signed by employee, supervisor, and
department head, for audit and FEMA Reports.
Includes applicable sign attachments: requests for
time off, overtime authorization.
Payroll - Organization
Reports P GC 34090,
37207 X
Bi-weekly reports listing City costs by employee
and program.
Payroll Registers P
GC 34090,
37207; 22
CCR 1085-2;
29 CFR
516.2, 516.6,
516.6; 26
CFR 31.6001-
1; LC 1174(d)
X X
Salary, benefits, and deduction information, filed
by pay period. Monthly, quarterly, fiscal year and
calendar year reports. Records including
garnishments, adjustments, and PERS (Public
Employee Retirement System) deductions.
PERS Payroll Reports P
GC34090;
CAC 22-1085-
2; 26 CFR
31.6001-1; 29
CFR 516.5-
516.6,
LC1174(d)
X X
Report to CalPERS detailing employee salary
information and retirement contributions by pay
period. Reports list a group of employees, not
one report per employee.
PAYROLL
135
Page 9 of 26
Record Series
Official
Retention Citation V H C Description
Premium Billings P
GC 34090; 26
CFR 16001-1;
29 CFR
1627.3(a),
(b)(2)
X X
Medical, dental, vision, life, disability,
supplemental insurances. Reports list a group of
employees, not one report per employee.
Quarterly & Calendar
Year Tax Reporting P
GC 34090; 29
USC 436; 26
CFR 31.6001-
1; IRS REG
31.6001-
1(e)(2); R&T
19530; 29
CFR 516.5-
516.6
X X
Records relating to the maintenance of
information about tax liabilities, withholding and
payment of taxes, records related to payment of
State and Federal taxes including annual W-2
Forms, and the quarterly and annual DE-9, DE-
9C, Form 941, DE-6, and DE-7 forms.
Annual Reports P GC 34090 X
Comprehensive Annual Financial Report (CAFR)
and or Financial Statements. Auditor reports
relating to the review and monitoring of
accounting or financial records to ensure
compliance with GAAP standards and the City’s
financial procedures. Includes: Single Audit
reports; TDA Audit reports; GANN Appropriation
Limit report; Public Financing Authority (PFA)
reports; and Auditor’s Internal Control
memorandum or reports.
Other Annual Reports P GC 34090 X
Other mandated reports to include: Annual
Streets Report; Annual AB 1600 Report; Annual
Property Tax Levy Report; Annual SLESF/COP
Report; Maintanence of Effort (MOE) - Public
Safety; and Annual Possessory Interest Report.
Reports to the State
Controller P GC 34090 X
Reports mandated by the State Controller,
detailing the City's revenues and expenditures for
purposes of funding: Annual Cities Report; and
Streets Report.
Treasurer's Report AU+5 GC 34090 Fund balances: total revenue versus total
expenditures. (i.e., status update.)
REPORTS
136
Page 10 of 26
Record Series
Official
Retention Citation V H C Description
Gifts, Contributions,
and Donations CU+4 GC 34090
Records document gifts and contributions to the
City that result from fundraising efforts, donations,
memorials, or tributes by private individuals or
corporations.
Median Banner
Applications CL+2 GC 34090 Applications for median banner applications.
Permits, Special
Events CL+2 GC 34090
Permits issued for events requiring a Special
Event Permit, Group Use Permit, or Block Party
Permit.
Press Releases CU+2*GC 34090 Press or news releases. (*Scan into electronic
repository before destroying.)
AB1234 training CU+2 GC 53235.2 Ethics Training -Certificates of proof of training
Administrative
Hearings CU+2 GC 34090
Includes hearing request, decision, notes,
evidence and tapes. ( *Scan into electronic
repository before destroying.)
Agency Report of
Public Offical
Appointments
SU+2 GC 34090
Fair Political Practices Commission (FPPC) Form
806.
Agendas, City Council CU+2*GC 34090
Original agendas and special meeting notices,
including certificates of posting, original
summaries, original communications and action
agendas for City Council. Agenda packets,
including staff reports and attachments. (*Scan
into electronic repository before destroying .)
Applications,
Commissions and
Committees - Not
Selected
CL+2 GC 34090
Citizen applications for vacancies on City
commissions or committees, where the applicant
was not selected.
Applications,
Commissions and
Committees -
Selected
T+5 GC 34090,
40801
Citizen applications for vacancies on City
commissions or committees, where the applicant
was selected to fill the position.
CITY MANAGER'S OFFICE
CITY CLERK
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
137
Page 11 of 26
Record Series
Official
Retention Citation V H C Description
Appointments to the
Council P GC 34090 X
Records of the appointment of an individual to fill
a vacant Council seat and serve out the term of a
Councilmember who is unable to complete his or
her term.
Articles of
Incorporation P GC34090;
CCP337.2 X X
City copy of documents filed with State,
establishing incorporation of City and the
boundaries thereof. Includes resolutions of the
Santa Clara County Board of supervisors and any
other records relating to the incorporation of the
City.
Assessment Districts P GC 34090 X Original documentation of assessment districts in
City.
Communications from
the Public at Council
Meetings
CU+2* GC 34090
Material provided to City Council from members
of the public, relating to agendized or non-
agendized items, for consideration at any noticed
meeting of the City Council. Retained as part of
the official City agenda packet for the meeting to
which it pertains. (*Scan into electronic
repository before destroying .)
Council Administrative
Files T+2 GC 34090 X Records relating to Council members, current
contact information, biographies, etc.
Council Resolutions P GC 34090(d),
40801 X X
Formal expression of the will, opinion and intent
voted by the City Council and legislative-type
actions.
Easements,
Dedications, Rights-of-
Way
P GC 34090 X
Records relating to easements, rights-of-way, and
other dedications associated with construction or
subdivision projects.
Franchises P
GC 65864,
65869.5,
34090; CCP
337.2, 343; 5
CCR 16023
X
Records related to franchise agreements with the
City, e.g., cable. Includes subdivision agreements,
contracts for sale or purchase of property, grant of
easements, etc.
Legal Advertising CU+4
CCP 343, 349
et seq.; GC
911.2, 34090
Records related to legal advertising required for
public hearings. Includes proof of publication
notices.
Lobbyist Reporting
Forms T+2* GC 34090
Forms filed with the State regarding City's lobbyist
consultants. (*Scan into electronic repository
before destroying .)
Meetings, Video
Recordings P GC 34090.7 X
Video recordings of City Council meetings.
Provides a record of legislative history and intent.
Minutes, Council
Meetings P GC 34090(d),
36814, 40801 X X
Records regarding meeting minutes, resolutions,
actions and decisions of the City Council.
Municipal Code P GC 34090 X The City's Municipal Code, with supplements and
changes included.
138
Page 12 of 26
Record Series
Official
Retention Citation V H C Description
Ordinances P GC 34090(d),
40806 X X
Regulations enacted by council action and related
records. Certificate of Ordinance Adoption –
States when the ordinance was adopted and
when/how the ordinance was legally advertised.
Petitions CU+2 GC 50115,
34090
Petitions submitted to the City Council.
Proof of Service
Forms CL+2 GC 34090
For official documents sent by the City: Legal
forms confirming their delivery either by hand or
through Certified Mail.
Correspondence CU+3 GC 34090
Archived communications (written or digital) from
the public on City matters, not included in Council
meeting minutes. Includes official responses
from Mayor, City Council, or City Manager.
Public Record
Requests CL+2 GC 34090 X
Records reflecting Public Record Act (PRA) and
Freedom of Information Act (FOIA) requests and
material sent in response to same.
Records Destruction
Approvals &
Certificates
P GC 34090
Documents certifying (confirming) the destruction
of official records that have been approved for
destruction. The certification attests to the fact
that destruction was accomplished in accordance
with applicable procedures.
Recorded Documents P GC 34090 X X Official version of documents recorded by the
County Recorder's Office.
Records Inventory CU+2
GC 34090; 80
OPS Atty.
Gen. 106
X
Inventory of non-current or inactive records
holdings and location, indices.
Records Management
Files CL+2 GC 34090
Records regarding the management of City
records, including records maintenance and
transfer records. Does not include the retention
schedule or destruction certificates.
Records Retention
Schedules SU+4 CCP 343 X X
The document that lists each record series and
the associated retention times, characteristics,
responsible division, and legal citations, if
applicable.
Statements of
Economic Interest CU+7
GC 81009(e),
(f); 82006;
87200 et seq.
Form 700 detailing financial assets and
investments that might create a conflict of interest
for individuals required to file a Form 700 as
noted in the City’s Conflict of Interest Code, such
as the City Council, City Manager,
Commissioners, and other City staff.
ELECTIONS*
* Please note that elections are administered by the Santa Clara County Registrar of Voters. The City does
not handle or retain ballots or voter registration.
139
Page 13 of 26
Record Series
Official
Retention Citation V H C Description
Initiatives, Ballot
Measures,
Referendum
P
GC 34090,
34458-34460;
EC 17200,
17400
X
Initiative, referendum, and recall records,
including petitions, arguments, rebuttals for
measures, and impartial analysis.
Campaign Disclosure P GC 81009
(b), (g)
FPPC Filings, including forms 410, 460, 496, and
497, which provide a record of candidate or
committees’ campaign finance activities during a
campaign. Also includes cadidate intention
statements, Form 501.
Certificates of Election T+4* GC81009(a),
(d)
Original reports and statements, records used to
certify election results. (*Scan into electronic
repository before destroying .)
History P GC 34090 X
History of elections: sample ballots, certificates of
election, staff reports, and resolutions regarding
elections.
Nomination Paper and
Election Documents -
Elected
P
EC 17100(a),
17300 et
seq., 20442;
GC 34090,
81009(b), (e),
(f), 82006,
87200 et seq.
Nomination paper and other election documents
such as, Form 700, Candidate Information
Request Forms, Candidate Statements of
Qualification, Foreign Language Given Name
Translation Forms, Declarations of Intent to Install
Temporary Political Signs, and Fair Campaign
Practices Signature Forms.
Nomination Paper and
Election Documents -
Not Elected
E+5
EC 17100(a),
17300 et
seq., 20442;
GC 34090,
81009(b), (e),
(f), 82006,
87200 et seq.
Nomination paper and other election documents
such as, Form 700, Candidate Information
Request Forms, Candidate Statements of
Qualification, Foreign Language Given Name
Translation Forms, Declarations of Intent to Install
Temporary Political Signs, and Fair Campaign
Practices Signature Forms.
Oaths of Office T+6*GC 34090; 29
USC 1113
Oath of office forms filled out by elected officials
and certified by the City Clerk. (*Scan into
electronic repository before destroying .)
Emergency
Operations Plan SU+2 GC 34090 X
The City's plan for preparing for and handling a
variety of disasters and emergency situations.
EMERGENCY SERVICES
140
Page 14 of 26
Record Series
Official
Retention Citation V H C Description
Emergency Recovery
Records CU+25 GC 34090 X
Records documenting the City's long-term
recovery efforts after a disaster or emergency.
Includes records relating to City collaboration with
County, State or Federal agencies, and non-profit
organizations. Docments go to FEMA.
Emergency Response
Records CU+25 GC 34090 X
Records detailing the work of formal City
volunteers, spontaneous volunteers, and City staff
during a declared emergency. Also includes
records documenting activities of emergency
operations center (EOC). Documents go to
FEMA.
Grant Records and
Agreements,
Emergency
Preparedness
CL+10 GC 34090 X
Documents related to grants awarded for
emergency preparedness efforts. Including
applications, agreements, progress and financial
reports and compliance paperwork. Primarily
Homeland Security grants. (*Certain grants may
have individual requirements. Refer to grant's
close-out procedures .)
Grant Records,
Unsuccessful CL+2 GC 34090 Emergency preparedness grants applied for by
the City, where the grant was not awarded.
Appeals CU+3
CCP 583.320
(a)(3); GC
34090
Civil appeals records.
Major Litigation P
42 USC 1983;
GC 6254,
34090
Official documents relating to a case that the City
Attorney has determined to be a signficant case
which sets legal precedent or its resolution by
settlement. Any records associated with a case
that are filed in court, notorized, or authorized.
Includes petitions, complaints, subpoenas (where
the City is a party to the case), reply briefs,
opening briefs, settlement agreements, filed
pleadings, court documents. Does not include
internal memoranda or correspondence with
opposing side.
Case Records,
Informal CU+7 42 USC 1983;
GC 34090
Litigation related material not subject to major
litigation files and includes logs, complaints,
police reports, court orders, motions, notes,
briefs, closing statements. Supporting case
documentation including notes, drafts,
correspondence, proposed drafts of settlement
agreements, and other less formal or non-signed
records. I.e., everything not included in Case
Records, Formal.
LEGAL/LEGISLATIVE
141
Page 15 of 26
Record Series
Official
Retention Citation V H C Description
Grand Jury Reports
and City Responses CU+10 GC 34090,
6276.22 X Reports received from Santa Clara County Civil
Grand Jury, and City responses.
Opinions SU+2 GC 34090,
6254 X
Written legal opinions resulting from research on
a given topic. (I.e., Research memoranda.)
Subpoenas CU+2 42 USC 1983;
GC 34090
Court ordered requests to the City for documents
or witnesses, where the City is not a party to the
case.
Abandonments P GC 34090(a)X
Records relating to abandonment, condemnation,
and demolition of City-owned buildings.
Acquisitions/
Dispositions P GC 34090(a);
GC 6254 X
Supporting documents regarding the sale,
purchase, exchange, lease or rental of property
by the City for more than one year.
Appraisals CL+2 GC 34090;
GC 6254(h)X X
Real estate appraisals relating to potential
acquisition of property by the City. Exempt from
disclosure until final acquisition is made, or until
contract agreement is obtained.
Deeds and
Promissory Notes P
GC 34090(a);
24 CFR
570.502(b)(3)
, 24 CFR 8.42
& OMB Circ.
SA-110
X
Title deeds and other records establishing City
ownership of property.
PROPERTY
142
Page 16 of 26
Record Series
Official
Retention Citation V H C Description
Agendas,
Commissions &
Committees
CU+2*GC 34090 X
Original agendas and special meeting notices,
including certificates of posting, original
summaries, original communications and action
agendas. (*Scan into electronic repository before
destroying .)
Agenda Packets,
Commissions &
Committees
CU+2*GC 34090 X
Agenda packets prepared for commissions and
committees, including staff reports. (*Scan into
electronic repository before destroying .)
Communications from
the Public at
Commission Meetings
CU+2*GC 34090 X
Material provided to commissions and
committees from members of the public, relating
to agendized or non-agendized items, for
consideration at any noticed meeting of the
commission or committee. Retained as part of
the agenda packet for the meeting to which it
pertains. (*Scan into electronic repository before
destroying .)
Meetings, Video
Recordings P GC 34090 X
Video recordings of commission and committee
meetings. Provides a record of legislative history
and intent.
Minutes, Commissions
& Committees P GC 34090,
36814, 40801 X X
Meeting minutes, records associated with
meetings of commissions and committees,
including Council committees.
Resolutions P GC 34090(e)X
Resolutions generated by commissions or
committees. Includes approval or disapproval of
planning projects, etc.
COMMISSIONS AND COMMITTEES
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
143
Page 17 of 26
Record Series
Official
Retention Citation V H C Description
Building Permit Files P
GC 34090(a);
H&S 19850,
4003, 4004
X
Permits issued by City. Records related to plans,
signs, grading, encroachment, including
blueprints and specifications. Approval to
construct or renovate property. Includes
structural calculations and soil and geotechnical
reports as needed; and inspection records.
Code Books SU+3 GC 34090;
CCP 340.5 X
National Electrical Code, Uniform Building, Fire,
Mechanical, Plumbing, etc. Includes
supplements.
House Numbers P GC 34090(a)X Address assignments/changes.
Abandoned Vehicles CL+2 GC 34090(d)
Records of City-handled code violations relating
to abandoned vehicles. Does not include cases
handled by Sheriff's office.
Alarm Permits SU+2 GC 34090 Security alarm permits for homes or businesses
located in the City.
Permits, Animal CL+2 GC 34090 Horse and kennel permits issued by the City,
associated documentation.
Permits, Massage
Establishment/Practiti
oner
CL+2 GC 34090
Permits issued by the City required for
establishing, managing, or practicing at a
massage establishment within City limits.
Associated documentation.
Permits, Noise
Exception CL+2 GC 34090
Permits issued by the City allowing an exception
to the City's noise ordinance for the purposes of
construction or other approved activity.
Associated documentation.
Permits, Solicitor CL+2 GC 34090
Permits issued by the City allowing permit-holders
to solicit within City limits. Associated
documentation.
Violations, Building,
Property, Zoning CL+2 GC 34090(d)
Building, housing and mobile home code violation
records including inspections; public nuisance,
rubbish and weed abatement, vehicle abatement,
citations, and related complaints.
COMMUNITY DEVELOPMENT
BUILDING
CODE COMPLIANCE
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
144
Page 18 of 26
Record Series
Official
Retention Citation V H C Description
Annexations P GC 34090(a)X
Reports, agreements, and public notices related
to applicants' requests for annexation of property
to the City.
City Boundary P GC 34090 X Map of city boundary limits.
Development
Agreements P
CCP337,
337.1(a),
337.15; 48
CFR 4.703
X
Infrastructure contracts, franchises.
Environmental Review
(CEQA) Files P
GC 34090(a);
CEQA
Guidelines
X
California Environmental Quality Act: Exemptions,
Environmental Impact Report, mitigation
monitoring, negative declaration, notices of
completion and determination, comments,
statements of overriding considerations. Includes
environmental audit records for these files.
General Plan and
Elements P GC 34090 X General Plan dictating acceptable land uses for
the City. Includes sphere of influence.
General Plan
Amendments,
Approved
P GC 34090 X
Records of proposed amendments to the General
Plan that have been approved.
General Plan
Amendments, Denied CU+3 GC 34090,
65103, 50110 X
Records of proposed amendments to the General
Plan that have been denied.
Historic Preservation
Inventory P GC 34090 X List of historic structures and landmarks within
City limits.
Heritage Resource
Alteration Applications CL+2 GC 34090
Special application required in addition to
planning application when applicant's proposed
plans are alterations to a house or structure
designated as historic or declared a heritage
resource.
Maps, Plans,
Drawings, Exhibits,
Photos
P
GC 34090;
H&S 19850;
GC 34090.7
X
Zoning, tentative subdivision, parcel, land use
map, street names, specific plans. Included in
Project Files, Planning and Zoning.
Project Files, Planning
and Zoning P
GC 34909(a);
H&S 19850,
4003, 4004
X
May include photographs, planning application,
blueprints, drawings, maps, plans, reports
(including arborist reports), evaluations,
correspondence, use permits, variances, studies,
appeals, compliance certificates, public notices,
documents confirming delivery of public notices,
conditions of approval, lot line adjustments,
Council or Planning Commission staff reports and
Exhibits, or other planning-related matters.
Project specific records that pertain to real
t
Security Bonds and
Deposits CL+2 GC 34090
Records of security deposits provided to the City
for certain projects, guaranteeing that the projects
will follow specific guidelines. Includes tree
deposits.
PLANNING
145
Page 19 of 26
Record Series
Official
Retention Citation V H C Description
Tree Removal Permit
Applications CU+2 GC 34090;
H&S 19850
Tree removal permit applications and
photographs. (*Scan into electronic repository
before destroying.)
146
Page 20 of 26
Record Series
Official
Retention Citation V H C Description
Air Quality Permits SU+7 GC 34090;
CCP 338(k)
Annual permits issued to the City by the Bay Area
Air Quality Management District, allowing usage
of City's gasoline refueling station.
Hazardous Materials
Training Files SU+2
8 CCR
3204(d) et.
Seq.
Trainings materials and records regarding the
handling of hazardous materials.
Hazardous Waste
Disposal Records CU+10
CAL OSHA;
40 CFR
122.21
Documentation regarding the handling and
disposal of hazardous waste.
Material Safety Data
Sheets (MSDS)P
8 CCR 3204,
5194(b)(5)(I)(
2)
Records relating to the description, use, and safe
handling of hazardous substances.
Signage L+2 GC 34090 Log books, index register cards, inventory lists,
records of traffic signs.
Underground Storage
Tanks, Compliance P GC 34090
Documents related to underground storage tanks
and compliance with regulations.
Underground Storage
Tanks, Maintenance
and Operation
P GC 34090
Location, installation, removal, remediation.
Vendor Files AU+4 GC 34090 Invoices and copies of purchase orders by
vendor.
Work Orders CU+2 GC 34090
Work orders received from Traffic Safety
Committee, the public, and upper management.
Benchmark Data P GC 34090(a)
Map and description of benchmarks - elevation
points. Four-page document unlikely to ever
change.
Bonds, Insurance P CCP 337.2,
343 X
Certificates of bonds insuring City projects.
Includes material bonds and work performance
bonds. Incorporated into contract.
Bridge and Overpass
Reports L+4 GC 34090 X State reports on status of bridges and overpasses
in the City.
ENGINEERING
CORPORATION YARD
PUBLIC WORKS
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
147
Page 21 of 26
Record Series
Official
Retention Citation V H C Description
Capital Improvement
Projects P GC 34090 X
Public projects carried out by the City. Includes
plans, permits, and supporting documentation.
Deposit Account
Projects P CCP 337; GC
34090
Records of projects for residents or businesses in
which City receives a deposit from applicant,
arranges for various surveys and studies to be
performed by approved consultants, including city
geologist, who are paid through applicant's
deposit. File includes plans, and reports
generated, such as soil reports.
Drawings P GC 34090
Part of project files for both Capital Improvement
Projects and Deposit Account Projects. Includes
site map, plan, and specifications, traffic control
plans. Included in Capital Improvement Projects
and Deposit Account Projects.
Easements,
Dedications, Rights-of-
Way
P GC 34090 X
Records relating to easements, rights-of-way, and
other dedications associated with construction or
subdivision projects. Includes abandonments and
vacations of the above. (Officially recorded
documents are held by the City Clerk.)
Environmental Review
(CEQA) Files P
GC 34090(a);
CEQA
guidelines
X
California Environmental Quality Act: Exemptions,
environmental impact report, mitigation
monitoring, negative declaration, notices of
completion and determination, comments,
statements of overriding considerations. Often
included in Capital Improvement Project Files.
For subdivisions, filed in Deposit Account file.
Environmental Review
- Supporting
Documentation
CL+2 GC 34090(d)
Correspondence, consultants, issues,
conservation.
Grants, Federal and
State CL+5*GC 34090 X
Grants applied for by the City for funding capital
improvement projects. Includes applications,
reports, contracts, supporting documents.
Included in Capital Improvement Project Files.
(*Certain grants may have individual
requirements. Refer to grant's close-out
procedures .)
Grants, Unsuccessful CL+2 GC 34090 Grants applied for by the City for funding projects,
where the grant was not successful.
Maps and Plats P GC 34090 X
Paper maps of fire hydrants, lighting districts,
wheel chair ramps, storm drains, streets,
sidewalks, sewers, etc. Includes survey maps
(Record of Survey). Plats of City property lines
and parcels.
148
Page 22 of 26
Record Series
Official
Retention Citation V H C Description
NPDES Permit Books P 40 CFR
122.28
National Pollutant Discharge Elimination System
permit booklet describing Clean Water Act
requirements for City projects and stormwater
runoff. Called Municipal Regional Permit (MRP).
NPDES Report CU+5 40 CFR
122.41(j)(2)
Annual report on the City's compliance with the
National Pollutant Discharge Elimination System
permit.
Permits,
Encroachment -
Issued by City
P GC 34090 X
Permits issued by City to residents or
organizations allowing improvements along City-
owned property or roads, e.g., for driveway
alterations or underground utility trenches.
Permits,
Encroachment - From
External Entities
P GC 34090 X
Encroachment permits issued to the City, e.g. for
maintenance along Highway 9 or Big Basin Road.
Included in Capital Improvement Project Files.
Permits, Oversize
Load CL+2 GC 34090 Permits issued by City allowing transportation of
oversize load within City limits.
Soil Reports P GC 34090(d)
Final reports on soil analysis, construction
recommendations. Included in Deposit Account
Project files.
Special Districts P GC 34090(a)
Annual reports regarding amount of contribution
made by city residents toward landscape and
lighting districts.
Standards and
Specifications SU+2 GC 34090
City standards and specifications for projects that
impact roadways, infrastructure, or storm drains.
Traffic Signals L+4 GC 34090 X
Logs, drawings, wiring diagrams, codes, circuit
numbers, installation records, testing, and
maintenance records. Siemens produces and
maintains these files. City may have copies of
particular reports incorporated in Capital
Improvement Projects file.
Landscape Records CU+2 GC 34090
Drawings, specifications, photos, and reports for
lighting and landscaping districts.
Maintenance/
Operations CU+2 GC 34090 Copies of invoices held for reference for future
contracts.
Maps P GC 34090 Irrigation, plot plans.
Pest and Weed
Control - Agricultural
Use Reports
P
3 CCR
6624(g); GC
34090
Copies of monthly reports sent to state
Department of Agriculture. Reports list the type of
pesticide, amount used, for what purpose, and
acreage applied to.
Pesticide/ Herbicide
Use Reports P
3 CCR
6624(g); GC
34090
Internal records of pesticide and herbicide use by
park and employee.
Plaques P GC 34090 X Records of plaques in the City. Includes tree and
bench dedication plaques.
PARKS
149
Page 23 of 26
Record Series
Official
Retention Citation V H C Description
Reports, Playground
Safety CL+2 GC 34090 Monthly inspection reports on the safety of
playground equipment in City parks
Fueling AU+3 CCP 337
Meter readings, fuel consumption reports,
invoices, receipts and records pertaining to
refueling of City vehicles.
Inventory, Equipment L+2 GC 34090 X Includes vehicles and related documentation
regarding repairs.
Inventory, Vehicle
Ownership and Title L+2 GC 34090 X
Owner's manual, warranty documents,
Department of Motor Vehicle title and registration,
and related documents.
Licenses and Permits L+2 GC 34090 X
Forms and related documents related to licenses
and permits required by federal or state agencies.
License is received once for the life of the vehicle.
Maintenance/
Operations L+2 GC 34090
Records related to requests for service and work
orders for fuel, vehicle, and equipment
maintenance and repairs.
Vehicle Inspection
Records CU+3 GC 34090 Records related to monthly inspection and
certification of fleet vehicles.
STREETS AND FLEET
150
Page 24 of 26
Record Series
Official
Retention Citation V H C Description
Asbestos Records P GC 34090(a)Documents relating to abatement projects for city
buildings.
Building Permits P
GC 34090(a);
H&S 19850,
4003, 4004
Building permits issued for City facilities projects.
Approval to construct or renovate property, zoning
variances and conditional use permits.
Capital Improvements,
Construction P
2.083110; GC
34090(a),
4004; H&S
19850
Records regarding the planning, design,
construction, conversion or modification of City-
owned facilities, structures, and systems.
Drawings L+2 H&S 19850 X
Drawings and plans for City-owned buildings and
facilities. Drawings may be associated with
renovations or improvements, or new
construction.
Equipment Ownership L+3 GC 34090
Records relating to ownership of equipment,
including drawings, operating instructions,
warranties, and registrations. E.g., HVAC,
generator, ovens, fridges, appliances.
Facility Rentals CU+4 GC 34090
All records relating to rental usage of City-owned
facilities, including application, reservation
form/contract, permission to serve alcohol form,
"clean and ready" agreement, clean-up checklist,
schedules, calendars, receipts, and invoices.
Grants, Federal and
State CL+5*GC 34090 X
Records related to grants received for City
facilities projects. (*Certain grants may have
individual requirements. Refer to grant's close-out
procedures. Grants usually close when money is
used and City receives a certificate of
completion .)
Grants, Unsuccessful CL+2 GC 34090 Grants applied for by the City to fund facilities
projects, where the grant was not awarded.
Inspections, Fire CL+5 UFC 103.34,
GC 34090
Certificates of inspection by fire department of fire
alarms and sprinkler systems in City-owned
facilities.
RECREATION/FACILITIES
FACILITIES
AU = Year of Audit
CU = Current Year
CL = Closed
E = Election Date
L = Life (of improvement or equipment)
P = Permanent
SU = Superseded
T = Term (of employment, contract, etc.)
* = Refer to note in the record’s description for additional retention details
151
Page 25 of 26
Record Series
Official
Retention Citation V H C Description
Inspection Records,
Construction Specialty CL+5 GC 34090
Records related to specialty inspection of
construction activities to ensure compliance with
specifications.
Maintenance Records CU+2 GC 34090(d)
Work orders and invoices relating to maintenance
of City-owned facilities. Includes monthly work
order status reports.
Project Files L+2 GC 34090
Records related to improvements, renovations, or
construction of City-owned facilities. Includes
photographs of the construction sites. Smaller
projects.
Reports, Facilities
Projects CU+2 GC 34090
Status reports detailing current and recently-
completed facilities projects and present status.
Specifications and
Plans L+2 GC 34090
Records of the precise details and description of
the service or project to be completed, or the item
to be ordered. Included in Project Files.
Activity Guides SU+2*GC 34090 X
Quarterly Activity Guides listing all classes,
camps, trips, events, etc. (*Scan into electronic
repository before destroying .)
Bottom Line Reports CU+2 GC 34090 Reports generated quarterly to see bottom line of
Recreation classes.
Class Rosters CU+2 GC 34090 List of registered students in a class or program.
Instructor Applications
and Contracts T+4
CCP 337; GC
12946;
IRS.GOV
X
Recreation instructor records including contracts,
applications, W-9 forms, and all contact
information for all current Contract Instructors.
Promotional Marketing CU+7 GC 34090
Trip and class fliers, photographs of classes,
press releases, etc. Includes materials used in
preparation of marketing materials.
Registration Forms CU+2 GC 34090 X
Registration forms for classes or programs, filled
out by participants with credit card payment
information redacted. Done electronically now.
Release of Liability/
Health Forms CU+4 GC 34090 X Release of Liability and Health Forms required of
trip participants.
Sports Organization
Agreements SU+2 CCP 337 Payment records relating to field rentals by sports
organizations.
RECREATION
152
Page 26 of 26
Record Series
Official
Retention Citation V H C Description
Association of Bay
Area Governments
(ABAG) Plan Liability
Insurance Information
and Documents
CL+5*GC 34090 X
Copy of annual Memorandum of Coverage
(MOC), declarations, and exclusions. (*Hold onto
as long as claim files are held . Scan into
electronic repository before destroying.)
Claim Files CL+5 GC 34090,
25105.5 X X
Records regarding claims of wrongdoing by the
City or its employees. Claims generally request
compensation for damage or loss. Records
include photographs taken by City employees or
members of the public documenting claims,
accidents, or incidents involving City property or
employees.
Employee Safety
Information CU+10 GC 34090
Evacuation drills, Safety Committee records and
minutes, Safety Inspection Reports, Injury Illness
Prevention Program records, and Safety Training.
Insurance Certificates P GC 34090 X
Insurance certificates issued by the City's
insurance administrator. Insurance certificates
naming the City as additionally insured for events
taking place on City property.
Minutes, Risk
Management
Committee
CU+2*GC 34090
Meeting minutes, records associated with staff
meetings, not Council-related. (*Scan into
electronic repository before destroying .)
Risk Management
Reports CL+5
OMB 1220-
0029; 29 CFR
1904.4; GC
34090
X
ABAG Plan reports related to City claims, loss
runs, loss analysis and related records. Safety
reports, actuarial studies.
RISK MANAGEMENT
153
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY’S RECORDS RETENTION SCHEDULE
WHEREAS, on the 4th day of December, 2013, the City Council of the City of Saratoga
approved a records retention schedule governing the retention of City records; and
WHEREAS, the schedule has been further updated to more accurately reflect the
contents, value, and variety of records created by the City of Saratoga;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby approve the updated records retention schedule, including the revisions set forth in
Exhibit A.
BE IT FURTHER RESOLVED, that the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on the 17th day of June, 2015 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Howard A. Miller, Mayor
ATTEST:
__________________________
Crystal Bothelio, City Clerk
154
Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: James Lindsay, City Manager
SUBJECT: Resolution Updating Unrepresented Employees’ Compensation & Terms of
Employment
RECOMMENDED ACTION:
Move to adopt the Resolution approving compensation and terms of employment for
Unrepresented Employees.
BACKGROUND:
There are currently six job classifications that are unrepresented, which means employees in
these jobs do not engage in collective bargaining with the City on matters related to wages,
benefits and other terms and conditions of employment. The City established Unrepresented
Employee benefits in November 2011 and the attached resolution would update those benefits to
be more consistent with other employees. These changes would become effective on July 1,
2015.
ATTACHMENTS:
Attachment A – Resolution
155
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING COMPENSATION AND TERMS OF EMPLOYMENT FOR
UNREPRESENTED EMPLOYEES
WHEREAS, certain City job classifications are unrepresented, which means incumbents
do not engage in collective bargaining with the City on matters related to wages, benefits and
other terms and conditions of employment; and
WHEREAS, Unrepresented Employees are those employees in unpresented job
classifications who after successful completion of the City's mandatory 12-month probationary
period, become regular, benefited full-time employees; and
WHEREAS, Unrepresented Employees are subject to the City's Personnel Rules and
Policies adopted by the City Council and are subject to the terms in this Resolution (except as
modified by subsequent personnel rules and policies and resolutions, if any, applicable to such an
unrepresented, regular, full-time employee); and
WHEREAS, this Council finds that the compensation and terms of employment attached
(Exhibit A) to this Resolution are fair and proper and in the best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the
compensation and terms of employment attached to said Resolution for Unrepresented
Employees is hereby adopted, becomes effective on July 1, 2015, and supersede the terms in
Resolution No. 11-071.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 17th day of June 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
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Saratoga City Council Resolution No. __ - Exhibit A
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CITY OF SARATOGA
UNREPRESENTED CLASSIFICATIONS
COMPENSATION AND TERMS OF EMPLOYMENT
I. INTRODUCTION
This Resolution establishes the compensation and other terms for benefited regular full-
time unrepresented job classifications that are not included in a collective bargaining
agreement, memorandum of understanding, or employment contract.
Unrepresented classifications are subject to the City's Personnel Rules and Policies
adopted by the City Council and are subject to the terms in this Resolution (except as
modified by subsequent personnel rules and policies and resolutions, if any,
applicable to such an unrepresented, regular, full-time employee).
The terms in this document, once adopted by the City Council, supersede the terms in
the 2011 Resolution (Resolution No. 11-071) effective as of July 1, 2015, or on the
effective date noted for each term.
II. UNREPRESENTED JOB CLASSIFICATIONS
City Clerk / Assistant to the City Manager
Finance Manager
Human Resources Manager
Parks Division Manager
Streets and Fleets Division Manager
Human Resources Technician
Any other job classification determined not appropriate to be included in a
represented bargaining unit.
III. COST OF LIVING ADJUSTMENT
Each employee shall receive an annual cost-of-living adjustment of no less than
one percent (1.0%) and no greater than two and one-half percent (2.5%) as based
upon the annual average for the 12 month period of January 1 to December 31 of
the U.S. Department of Labor, Bureau of Labor Statistics, "All Urban Consumers
(CPI-U)" for the "San FranciscoOakland-San Jose" region.
If the annual average falls below one percent (1.0%), each employee shall
nevertheless receive a minimum one percent (1.0%) cost-of-living adjustment; if the
above Index increases above two and one-half percent (2.5%), each classification
shall nevertheless receive a maximum two and one-half percent (2.5%) cost-of-
living adjustment.
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Saratoga City Council Resolution No. __ - Exhibit A
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IV. EMPLOYEE BENEFITS
A. Health and Dental Premium Contributions
Effective July 1, 2015 through December 31, 2015, for employees hired prior to
7/1/2011, the City pays the monthly premium, at the tier of coverage selected by
the employee, up to a maximum of the highest cost HMO. Effective July 1, 2015
through December 31, 2015, for employees hired on or after 7/1/2011, the City
contribution towards the total monthly health plan cost is the following: $600 for
Employee Only, $1,200 for Employee Plus One, and $1,500 for Employee Plus
Two (Family).
Effective January 1, 2016, the City will provide a monthly health insurance
contribution for each employee’s selected level of coverage as follows in the
chart below:
Employee
Employee Plus One
Employee Plus Two
(Family)
$800.00 $1,600.00 $2,080.00
The City’s monthly health insurance contribution will be adjusted annually as
follows.
1. Prior to the beginning of the CalPERS open enrollment period, the City will
compare the average monthly cost of all plans offered in the next calendar
year for each level of coverage (Employee, Employee + 1, and Employee +2)
with the current year average monthly costs for each level of coverage. The
average will be calculated by adding the cost for each plan at the same level
of coverage and then dividing by the number of plans.
2. If the average cost for a level of coverage in the next calendar year will
exceed the average cost for the same level in the current year, then the City’s
monthly contribution for that level of coverage will be increased by 50% of
the difference of the two yearly averages.
3. If the average cost for a level of coverage in the next calendar year is below
the average cost for the same level in the current year, then the City monthly
contribution for that level of coverage will not change.
The adjusted City contribution for each level of coverage for the next calendar
year will be provided to the employees prior to the beginning of the open
enrollment period and become effective on January 1 of each year.
Examples:
(1) The 2016 (base year) City monthly contribution for the family level of
coverage is $2,080 and the average cost of all plans at the family level
offered in 2017 will be $2,366. The City’s monthly contribution will be
increased to $2,168 ($2,366 - $2,190 = $176, 50% of the $176 difference =
an increase of $88). The employee would pay the balance of $88 for the
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Saratoga City Council Resolution No. __ - Exhibit A
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plan selected.
(2) The 2017 average monthly contribution for the family level of coverage is
$2,168 and the average cost of all plans at the family level offered in 2018
will be $2,554. The City’s monthly contribution for 2018 would be
increased from $2,168 (the 2017 rate) to $2,262 ($2,554 - $2,366 = $188,
50% of the $188 difference = an increase of $94). The employee would pay
the balance of $94 for the plan selected.
If an employee selects a health insurance plan with a monthly premium above
the City contribution, the employee will pay the amount above the City
contribution as a pre-tax payroll deduction.
The CITY contributes 100% of the dental premium for regular, full-time
employees.
B. Health and Dental -In-Lieu Payments
An employee who completes and submits required documents (1) to prove that the
employee has other health insurance coverage and (2) to waive City-provided
health insurance coverage will receive a payment per month of $350.00 as additional
taxable wages.
The employee must complete and submit any required documents and provide
proof of other health insurance coverage during open enrollment (in or around
October) to be eligible for the cash-in-lieu payment beginning the following
January 1.
Only qualifying events as defined by law allow employees to make a change to
their health, dental, and/or inlieu enrollment elections during the year (outside of
the annual open enrollment period).
Any employee who declines to accept coverage in the Dental Plan, evidenced by
signing a waiver form, shall receive a monthly in-lieu payment of $25.00.
V. PTO CASH-OUT OPTION
A PTO Cash-Out Option will not be made other than at the time of termination, except
for the optional PTO cash-out plan described as follows:
If an employee has used the required minimum of 80 accrued hours of PTO in the prior
fiscal year, the employee is eligible to cash out up to a maximum of 200 accrued hours of
PTO per fiscal year on approximately September 1 and/or March 1. An employee must
maintain a minimum balance of 200 hours of accrued PTO after the cash out.
VI. ADMINISTRATIVE LEAVE
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Administrative Leave is compensated time off given to regular, full-time exempt
employees of the CITY. This leave shall be taken in a manner consistent with Paid
Time Off (PTO). Use of administrative leave is a privilege and is provided in
recognition that CITY projects often require employees to devote whatever hours
are necessary, irrespective of a regular scheduled workweek, to fulfill the
obligations of the job. Sixty-five (65) hours of Administrative Leave is granted to
the following exempt employees:
City Clerk / Assistant to the City Manager
Finance Manager
Human Resources Manager
Parks Division Manager
Streets and Fleets Division Manager
Administrative leave cannot be carried over from year to year, and must be used by
June 30th of the fiscal year in which it was provided. Administrative Leave must be
exhausted prior to using PTO.
VII. RETIREMENT (PERS)
The CITY is a contracting agency of the California Public Employees Retirement System
(PERS). Regular employees become members immediately upon employment and
become vested after five years of full-time service.
Tier 1: CalPERS Retirement Plan of 2%@55 for Employees Hired Before July 1, 2011:
The CITY, through its contract with PERS, provides for retirement benefits for any
employee hired before July 1, 2011 as defined by the 2%@55 retirement plan formula
(contract effective date: September 1, 1999). The City’s 2%@55 contract with PERS
includes Government Code 20042 – the final compensation is the average full-time
monthly pay rate for the highest 12 consecutive months.
As of July 1, 2011, each employee covered by the 2%@55 retirement plan formula will
pay 7% of the employee’s compensation on a pre-tax basis for the employee’s 7% fixed
share of the CalPERS defined benefit retirement program.
Tier 2: CalPERS Retirement Plan of 2%@60 for Employees Hired July 1, 2011 Through
December 31, 2012:
Each employee covered by the 2%@60 plan will pay 7% of the employee’s
compensation on a pre-tax basis.
New Hire CalPERS Retirement Plan For Employee Hired January 1, 2013 and After:
Any employee hired on or after January 1, 2013, who does not meet the exceptions as
specified in state law to be a “classic” member of PERS, will receive the following 3rd
tier retirement option:
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a) A retirement plan of 2% at 62 as required by state law (PEPRA).
b) Each employee will pay on a pre-tax basis 100% of the employee’s contribution as
determined by PERS toward the CalPERS 2%@62 retirement plan.
An employee hired after January 1, 2013 who meets an exception under state law to be a
“classic” member of PERS will receive the second tier plan of 2% at 60 noted above.
VIII. PERFORMANCE INCENTIVE COMPENSATION
Employees hired prior to July 1, 2011 who have remained at Step 5 for five (5) years may
be eligible for an additional five percent (5%) of pay following receipt of a cumulative
rating of meets expectations or greater during the anniversary employee performance
evaluation. Five (5) years after meeting the criteria for the initial performance incentive
compensation described above, a qualified employee -- that is an employee who has
remained at five percent (5%) above the top of his/her same salary range -- may be
eligible for an additional salary increase of five percent (5%), for a maximum of 10%
above Step 5 following receipt of a cumulative rating of meets expectations or greater
during the anniversary employee performance evaluation.
IX. WORKING CONDITIONS
The City operates on a 9/80 work schedule determined by the City Manager where a
full-time work week, constitutes forty (40) hours within seven consecutive 24 hour
days, also defined as one hundred sixty-eight (168) hours. Employees on a 9/80
schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day
off every two weeks. An employee's workweek begins in the middle of the
employee's 8 hour day and the employee's day off is on the same day of the week
in the following week. For example, the standard 9/80 work schedule is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
(end)
off 9 9 9 9 4
(start)
off
off
(end)
off 9 9 9 9 off
(start)
off
4
(end)
off 9 9 9 9 4 off
(start)
off
(end)
off 9 9 9 9 off off
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(start)
The City Manager has discretion to require Unrepresented employees to work a
schedule different from the standard 9/80 schedule including a schedule that is not
9/80. Fridays when the City is not open for business are referenced as "off-Fridays."
The work period (pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December
24 through January 1 of every year. Two furlough days shall be compensated as a
regular day’s salary. To be paid for a furlough day, an employee must be on paid status
the week of the furlough with the City. All part-time employees and employees on short-
term disability shall receive furlough pay on a pro-rata basis.
For any remaining furlough days, employees shall utilize their available balances
(earned paid time off or earned compensatory time), if applicable. Employees that utilize
unpaid leave due to an insufficient leave balance shall maintain regular benefit status.
Employees may not utilize unpaid leave prior to exhausting their available balances,
except with prior written authorization signed by the City Manager.
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk
SUBJECT: Second Reading of Ordinance Establishing Tobacco Retailer License
RECOMMENDED ACTION:
Waive the second reading, adopt the attached ordinance
Retailer License in the City Code, and
Schedule for Fiscal Year 2015/16.
BACKGROUND:
At the June 3, 2015 City Council, the Council introduced and waived the first reading of the
attached ordinance establishing Article 4
adopted, the ordinance would require that retailers of tobacco obtain a Tobacco Retailer License
after September 30, 2015 to legally sell tobacco within the
establishes requirements for tobacco retailers in the City.
If the ordinance is adopted, staff recommends Council adoption
amending the City Fee Schedule for Fiscal Year 2015/16 to implement fees for new Tobacco
Retailer License applications and license renewals.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public hearing for this item was noticed in the
2015. A summary of the second reading was noticed in the
Additionally, staff provided information about the hearing to existing tobacco retailers during
visits on May 12 and May 13.
ATTACHMENTS:
Attachment A - Ordinance Establishing Article 4
Attachment B - Resolution Amending the Fiscal Year 2015/16 Fee Schedule
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Ordinance Establishing Tobacco Retailer License Requirement
adopt the attached ordinance establishing Article 4-90 Tobacco
and adopt the attached resolution updating the City Fee
uncil, the Council introduced and waived the first reading of the
Article 4-90 Tobacco Retailer License in the City Code. If
adopted, the ordinance would require that retailers of tobacco obtain a Tobacco Retailer License
ter September 30, 2015 to legally sell tobacco within the City of Saratoga. The ordinance also
establishes requirements for tobacco retailers in the City.
If the ordinance is adopted, staff recommends Council adoption of the attached resolution
the City Fee Schedule for Fiscal Year 2015/16 to implement fees for new Tobacco
Retailer License applications and license renewals.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public hearing for this item was noticed in the Saratoga News on May 22, 2015 and May 29,
A summary of the second reading was noticed in the Saratoga News on June 12, 2015.
Additionally, staff provided information about the hearing to existing tobacco retailers during
Ordinance Establishing Article 4-90 Tobacco Retailer License
Resolution Amending the Fiscal Year 2015/16 Fee Schedule
Requirement
90 Tobacco
resolution updating the City Fee
uncil, the Council introduced and waived the first reading of the
. If
adopted, the ordinance would require that retailers of tobacco obtain a Tobacco Retailer License
. The ordinance also
of the attached resolution
the City Fee Schedule for Fiscal Year 2015/16 to implement fees for new Tobacco
on May 22, 2015 and May 29,
on June 12, 2015.
Additionally, staff provided information about the hearing to existing tobacco retailers during
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ORDINANCE NO. _____
AN ORDINANCE AMENDING ESTABLISHING ARTICLE 4-90 TOBACCO
RETAILER LICENSE OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City Council of the City of Saratoga wishes to encourage responsible retailing of
tobacco products, paraphernalia, and electronic smoking devices.
2. This ordinance serves as a tool for discouraging violations of laws related to retailing of
tobacco products, paraphernalia, and electronic smoking devices, particularly those that
prohibit or discourage sale or distribution of these items to minors and protect the public
health and welfare.
3. This ordinance does not expand or reduce the degree to which the acts regulated by
federal or state law are criminally proscribed or alter the penalties provided by such laws.
4. The City Council of the City of Saratoga held a duly noticed public hearing on June 3,
2015, 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 ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended by the addition of Section 4-90 as set forth in the
attached.
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
activity in question may have a significant effect on the environment, the activity is not subject
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to CEQA. In this circumstance the 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 a de minimis 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 3rd day of June 2015 and was
adopted by the following vote on June 17, 2015.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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ATTACHMENT - TOBACCO RETAILER LICENSE ORDINANCE
Article 4-90 TOBACCO RETAILER LICENSE
4-90.010 Purpose.
This Article is intended to set forth a local licensing process for tobacco retailers to ensure
compliance with City business standards and practices; encourage responsible retailing of
tobacco products and electronic smoking devices; discourage violations of laws related to
tobacco products and electronic smoking devices, especially those laws that prohibit or
discourage sale or distribution of tobacco products or electronic smoking devices to minors; and,
protect the public health, safety, and welfare. This Article does not expand or reduce the degree
to which the acts regulated by federal or state law are criminally proscribed or alter the penalties
provided by such laws.
4-90.020 Definitions.
(a) Electronic smoking device means an electronic and/or battery-operated device the use of
which may resemble smoking, which can be used to deliver an inhaled dose of vapors
including nicotine or other substances. Electronic smoking device includes any such
device, whether it is manufactured, distributed, marketed, or sold as an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah,
electronic vape, vaporize or any other product name or description. Electronic smoking
device does not include any product specifically approved by the United States Food and
Drug Administration for the use in the mitigation, treatment, or prevention of disease.
(b) Paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials
of all types, rolling machines, and any other item designed for smoking or for ingestion
of tobacco products.
(c) Person means any natural person, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(d) Retailer means any person who sells, exchanges, or offers to sell or exchange, for any
form of consideration, tobacco products, paraphernalia, or electronic smoking devices.
“Retailing” shall mean the doing of any of these things whether exclusively or in
conjunction with any other use. The definition of a retailer is without regard to the
quantity of tobacco products, paraphernalia, or electronic smoking devices sold,
exchanged, or offered for sale or exchange.
(e) Self-Service Display means the open display or storage of tobacco products,
paraphernalia, or electronic smoking devices in a manner that is physically accessible in
any way to the direct general public without the assistance of the retailer or employee of
the retailer and a direct person-to-person transfer between the purchaser and the retailer
or employee of the retailer.
(f) Smoking means engaging in an act that generates smoke from any substance, including,
but not limited to: possessing a lighted pipe, lighted hookah pipe, an operating electronic
smoking device, a lighted cigar, or a lighted cigarette or any kind; or lighting or igniting
of a pipe, cigar, hookah pipe, or cigarette or any kind.
(g) Tobacco product means any substance containing tobacco leaf, including but not limited
to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping
tobacco, snus, bidis, or any other preparation of tobacco (such as flavored tobacco); and
any product or formulation of product containing biologically active amounts of nicotine
that is manufactured, sold, offered for sale, or otherwise distributed with the expectation
that the product or matter will be introduced into the human body, but does not include
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any cessation product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
(h) Tobacco Retailer License is a license issued pursuant to this Article.
4-90.030 License required.
It shall be unlawful for any person to act as a retailer in the City of Saratoga after September 30,
2015 without first obtaining and maintaining a valid Tobacco Retailer License pursuant to this
Article for each location at which the activity is to occur.
4-90.040 Regulations and prohibitions.
(a) Lawful business operation. It shall be a violation of this Article for any retailer to
violate any local, state, or federal law applicable to tobacco products, electronic smoking
devices, or the retailing of such products.
(b) Location. Retailing activities shall be conducted at a fixed location and within an
enclosed area of a commercial premises accessible to the general public during the hours
of business operation.
(c) Display of license. Each Tobacco Retailer License shall be prominently displayed in a
publicly visible place at the licensed location.
(d) License nontransferable. A Tobacco Retailer License may not be transferred from one
person to another or from one location to another. Whenever a new person obtains
possession of a ten-percent or greater interest in the stock, assets, or income of a business
(other than a security interest for the repayment of debt) for which a Tobacco Retailer
License has been issued, a new license shall be required.
(e) False and misleading advertising prohibited. A retailer either without a valid Tobacco
Retailer License or with a suspended license shall not display any tobacco products,
paraphernalia, or electronic smoking devices nor display any advertisement that promotes
the sale or distribution of such products from the retailer’s location or that could lead a
reasonable consumer to believe that tobacco products, paraphernalia, or electronic
smoking devices can be obtained at that location.
(f) Minimum age for purchase. No retailer shall sell, give, or otherwise transfer tobacco
product, paraphernalia, or electronic smoking devices to a person under eighteen years of
age.
(g) Positive identification required. No retailer shall sell, give, or otherwise transfer
tobacco product, paraphernalia, or electronic smoking devices to another person who
appears to be under 30 years of age without first examining the customer’s identification
to confirm that the customer is at least eighteen years of age.
(h) Minimum age for engaging in tobacco sales. No retailer may employ or otherwise
allow a person under eighteen years of age to sell, give, or otherwise transfer to
customers tobacco product, paraphernalia, or electronic smoking devices.
(i) Limitation on storefront advertising. Storefront advertising shall comply with Article
15-30 of this Code and all advertising and signage shall be placed and maintained in a
manner that ensures that law enforcement personnel have a clear and unobstructed view
of the interior of the premises, including the area in which the cash registers are
maintained, from the exterior public sidewalk or entrance to the establishment. However,
this shall not apply to an establishment where there are no windows or where existing
windows are located at a height that preclude view of the interior of the premises by a
person standing outside the premises.
(j) Vending machines prohibited. No tobacco product, paraphernalia, or electronic
smoking device shall be sold, offered for sale, or distributed to the public from a vending
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machine or appliance, or any other coin or token operated mechanical device designed or
used for vending purposes, including but not limited to, machines or devices that use
remote control locking mechanisms.
(k) Self-Service Displays prohibited. No tobacco product, paraphernalia, or electronic
smoking device shall be sold, offered for sale, or distributed to the public from a self-
service display.
(l) Limited, conditional privilege. Nothing in this Article shall be construed to grant any
person obtaining and maintaining a Tobacco Retailer License any status or right other
than the limited, conditional privilege to act as a retailer at the location in the City
identified on the face of the license.
4-90.040 Application procedure.
(a) All applications for a Tobacco Retailer License shall be submitted on a form supplied by
the City of Saratoga.
(b) Any person holding a Tobacco Retailer License shall inform the City in writing of any
change in the information submitted on an application for such license within 14 calendar
days of a change.
(c) All information specified in an application shall be subject to disclosure under the
California Public Records Act or any other applicable law.
(d) It is the responsibility of each retailer to be informed of all laws applicable to retailing,
including those laws affecting the issuance of a Tobacco Retailer License. No retailer
may rely on the issuance of a Tobacco Retailer License as a determination by the City
that the retailer has complied with all laws applicable to retailing. A Tobacco Retailer
License issued contrary to this Article, to any other law, or on the basis of false or
misleading information supplied by a retailer shall be revoked.
4-90.050 Issuance of license.
(a) Upon receipt of a complete application for a Tobacco Retailer License and the
application and license fees, the City shall issue a license, unless substantial evidence
demonstrates that one or more of the following basis for denial exist:
1) The information presented in the application is inaccurate or false.
2) The application seeks authorization for retailing by a person to whom this
Article prohibits issuance of a Tobacco Retailer License.
3) The application seeks authorization for retailing that is prohibited pursuant to
this Article or that is unlawful pursuant to any other law.
(b) A Tobacco Retailer License shall be revoked if the City finds that one or more of the
bases for denial of a license under this section existed at the time the application was
made or at any time before the license was issued. Such a revocation shall be without
prejudice to the filing of a new license application.
(c) A decision to deny issuance of a Tobacco Retailer License or to revoke such a license
that has been wrongly issued may be appealed pursuant to 4-90.100 of this Article.
4-90.060 License term, renewal, expiration, and fees.
(a) Term of license. The term of a Tobacco Retailer License is one year. A license is invalid
thirty (30) days after the expiration date of the license.
(b) Renewal of license. The City shall renew a valid Tobacco Retailer License upon timely
payment of the annual license fee. A license may not be renewed more than three months
after its expiration.
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(c) Issuance of license after revocation or expiration of license. To apply for a new
Tobacco Retailer License more than three (3) months after expiration of a Tobacco
Retailer License or following revocation of a Tobacco Retailer License that was wrongly
issued, a retailer must submit a complete application for a license, along with the
application fee and annual license fee.
(d) Fee for new licenses and renewals. The fees to apply for and issue or renew a Tobacco
Retailer License shall be established from time to time by resolution of the City Council.
The fees shall be calculated so as to recover any amount up to the cost of administration
of this Article, including for example, issuing a license, administering the program, and
monitoring compliance. Fees shall not exceed the cost of the program authorized by this
Article. Fees are nonrefundable except as may be required by law. A retailer license may
not be issued or renewed until full payment of any applicable fees is made.
4-90.070 Enforcement.
(a) Any peace officer may enforce the penal provisions of this Article. The City Manager
may designate any number of additional persons to monitor compliance with this Article.
(b) The City shall not enforce any law establishing a minimum age for tobacco product,
paraphernalia, or electronic smoking device purchases or possession against a person who
otherwise might be in violation of such law because of the person’s age if the violation
occurs when:
1) The purchaser (hereinafter referred to as “youth decoy’) is participating in a
compliance check supervised by a peace officer or designated official of the
City;
2) The youth decoy is acting as an agent of a person designated by the City to
monitor compliance with this Article; or
3) The youth decoy is participating in a compliance check funded in part, either
directly or independently through subcontracting, by the County or the State
of California.
(c) Any violation of this Article is hereby declared to be a public nuisance.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
Article shall also constitute a violation of this Article.
(e) For purpose of this Article, each day on which a tobacco product, paraphernalia, or
electronic smoking device is offered for sale in violation of this Article constitutes a
separate violation.
(a) Violations of this Article shall be subject to issuance of administrative citations pursuant
to Article 3-30 and suspended from holding or receiving a Tobacco Retailer License as
follows:
1) First citation within one year. For up to thirty (30) calendar days from the date
of violation, no Tobacco Retailer License shall be issued and any existing
license shall be suspended.
2) Second or subsequent citations within one year. For up to one (1) year from
the date of violation, no Tobacco Retailer License shall be issued and any
existing license shall be revoked.
(b) Notwithstanding any other provisions of this Article, prior violations of this Article at a
location shall continue to be counted against a location and license ineligibility and
suspension periods shall continue to apply to a location unless:
1) One hundred (100) percent of the interest in the stock, assets, or income of the
business, other than security interest for the repayment of debt, has been
transferred to one or more new owners; and
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Page 7 of 7
2) The City is provided clear and convincing evidence that the transfer was
pursuant to an arm’s length transaction in good faith between two or more
informed and willing parties, neither of which is under any compulsion to
participate in the transaction. A sale between relatives, related companies or
partners, or a sale for which a significant purpose is to avoid the effect of the
violations of this Article is not an arm’s length transaction.
4-90.100 Appeals.
(a) Request for hearing. A decision to deny issuance of a Tobacco Retailer License or to
revoke a Tobacco Retailer License that has been wrongly issued may be appealed to the
City Manager, subject to the following requirements and procedures.
1) All appeals must be submitted in writing to the City Clerk no later than 15
calendar days after receipt of notice of the appealed action. If such an appeal is
made, it shall stay enforcement of the appealed action.
2) No later than 15 calendar days after receipt of the appeal, the City Manager shall
set an appeal hearing at the earliest practicable time. The City Clerk shall give
notice of the hearing to the parties at least ten calendar days before the date of the
hearing.
(b) Conduct of hearing. Hearings pursuant to this Article shall be conducted pursuant to
procedures adopted by the City Manager. Strict rules of evidence shall not apply. Any
relevant evidence may be admitted if it is the sort of evidence on which responsible
persons are accustomed to rely on in the conduct of serious affairs.
(c) City Manager’s decision. All parties shall be given written notice of the City Manager’s
decision within fifteen business days of the hearing. The decision of the City Manager
shall be supported by the weight of the evidence. The decision of the City Manager shall
be final and shall not be subject to appeal to the City Council.
(d) Appellant’s failure to appear at hearing. Failure of the appellant to appear at a hearing
shall be considered a withdrawal of the request for a hearing and the decision being
appealed shall remain in effect.
678357.4
683242.3
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RESOLUTION NO. 15-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY OF SARATOGA SCHEDULE OF FEES
WHEREAS, the City Council annually adopts a resolution that establishes fees for the
ensuing fiscal year; and
WHEREAS, the City Council of the City of Saratoga adopted Resolution No. 15-021 on
April 15, 2015, establishing the Annual Fee Schedule for Fiscal Year 2015/16; and
WHEREAS, on June 17, 2015, the City Council of the City of Saratoga adopted an
ordinance establishing a Tobacco Retailer License to create an additional tool to regulate tobacco
retailers and discourage violation of laws related to retailing of tobacco products, paraphernalia,
and electronic smoking devices; and
WHEREAS, the ordinance makes it unlawful to act as a retailer of tobacco products,
paraphernalia, or electronic smoking devices in the City of Saratoga without a Tobacco Retailer
License; and
WHEREAS, the Tobacco Retailer License does not serve as a Business License; and
WHEREAS, this resolution amends the City of Saratoga Schedule of Fees by
establishing a fee for new Tobacco Retailer License applications and a fee for Tobacco Retailer
License renewals within the Administrative Fees section of the Schedule of Fees; and
WHEREAS, this resolution sets the fee for new Tobacco Retailer License applications at
$100 and the fee for Tobacco Retailer License renewals at $50.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby amend the Annual Fee Schedule and this resolution shall become effective August 17,
2015.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 17th day of June 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
171
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
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
Department manages and implements a hazardous brush abatement program for hillside areas
within its jurisdictional boundaries. Between January and February, all property owners in the
Wildland-Urban Interface Area are reminded that they must remove brush and vegetation from
around their home to create defensible space.
Following inspections, owners of properties not in compliance with Wildland Safety Regulations
are then mailed a noticed that informs them of the
During the hearing, property owners may raise objections to the list of non
(Attachment B). Following the hearing,
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
necessary work. The cost associated with the abatement work
bill for that parcel.
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 u
on properties that are not in compliance with
Fire Code.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the public hearing was published in the
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous
Open public hearing, listen to public testimony, and close public hearing; and
Adopt resolution overruling objections and ordering hazardous vegetation abatement
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
Between January and February, all property owners in the
are reminded that they must remove brush and vegetation from
around their home to create defensible space.
wners of properties not in compliance with Wildland Safety Regulations
are then mailed a noticed that informs them of the June 17, 2015 City Council Public Hearing.
During the hearing, property owners may raise objections to the list of non-compliant properties
Following the hearing, properties owners will be noticed by mail by the Santa
artment if their properties are not in compliance with brush abatement
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
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
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the public hearing was published in the Saratoga News on June 5, 2015.
Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous
Adopt resolution overruling objections and ordering hazardous vegetation abatement
he County Fire
Department manages and implements a hazardous brush abatement program for hillside areas
Between January and February, all property owners in the
are reminded that they must remove brush and vegetation from
wners of properties not in compliance with Wildland Safety Regulations
June 17, 2015 City Council Public Hearing.
compliant properties
properties owners will be noticed by mail by the Santa
artment if their properties are not in compliance with brush abatement
erform the
perty tax
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
nable to have abatement work performed by a contractor
requirements in the Uniform
172
ATTACHMENTS:
Attachment A - Resolution
Attachment B - 2015 Brush Abatement Program Commencement Report
Attachment C - Sample Letters from Santa Clara County Fire Department to Property Owners
173
RESOLUTION NO. 15-____
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 17, 2015 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 17, 2015 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 17th day of June 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: City Code Update
RECOMMENDED ACTION:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the attached ordinance amending various sections of
the City Code and direct staff to place the ordinance on the consent calendar for adoption at
the next regular meeting of the City Council.
BACKGROUND:
At its 2015 annual retreat, the City Council requested that the Planning Commission consider
amendments to the Zoning Code and make a recommendation to the City Council and that staff
consider other clean-up amendments to the Code. The attached ordinance reflects the Planning
Commission’s recommendations from its May 27, 2015 meeting regarding Zoning Ordinance
Revisions. The other proposed revisions categorized as City Council/City Manager Authority
Revisions; Hearing, Notice, and Appeals Revisions; and Massage Permit Revisions are
recommended changes from staff and the City Attorney.
REPORT SUMMARY
The following table summarizes the proposed changes to the Code.
City Council/City Manager Authority Revisions
Code Section/Topic Issues Proposed Changes
1. 2-10.190 - Subpoena
Authority
State law authorizes local
governments, through their
City Councils, to subpoena
information from third parties
for various purposes. The City
Code does not include
provisions to implement this
State law. This power may be
useful to the City in
connection with obtaining
information regarding policy
issues presented to the
Council and code
The new code section would
allow the City Council to issue
subpoenas for legislative
investigations including code
enforcement proceedings.
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enforcement.
2. 2-20.050 - City Manager
Contracting Authority
The City Code has generally
been interpreted to authorize
the City Manager to sign
contracts that are under
$25,000 and to sign contracts
over that amount if the
contract was approved by the
City Council. A recent court
decision indicates that this
authority should be stated
more explicitly in the Code.
This amendment and those
noted in items 3 and 10 below
would make the City
Manager’s signature authority
more explicit.
This change would also
require the City Manager to
conform to the City Council’s
recently adopted Donations
Policy in accepting grants to
the City.
3. 2-45.070 - City Manager
Contracting Authority
Described in item 2, above. Described in item 2, above.
10. 12-15.050 - City Manager
Contracting Authority
Described in item 2, above. Described in item 2, above.
Hearing, Notice, and Appeals Revisions
Code Section/Topic Issues Proposed Changes
4. 3-15.070 - Hearing Officer
and Board of Appeals
The City Code currently
provides for certain appeals
to be heard by a Hearing
Officer or, at the City
Council’s discretion, a Board
of Appeals. The Board of
Appeals consists of the Chairs
of the Planning. Finance and
Public Safety Commissions.
The Board has not been
convened in at least 15 years
and two of the referenced
Commissions no longer
operate.
The current City Code calls
upon the Hearing Officer and
Board of Appeals to each
adopt rules of procedure for
administrative hearings. This
can lead to confusion for
appellants, particularly as
This change would delete
references to the Board of
Appeals such that all
administrative appeals would
be heard by the Hearing
Officer consistent with
current City practice.
This change would also
provide that the City Council,
rather than the Hearing
Officer, would adopt rules of
procedure for administrative
appeal hearings. This will
promote consistency and
transparency as well as avoid
the cost of having the hearing
officer develop procedures.
This change would help clarify
that this Code section and
section 3-15.080 would apply
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hearing officers change from
time to time.
The current City Code is not
clear as to the circumstances
in which hearings are to be
conducted pursuant to this
Code section.
to all administrative appeals
unless specific alternative
procedures are established
for a particular type of
appeal.
Related changes are included
in items 5-9 below.
5. 3-15.080 - Appeal
Hearings
The current City Code calls for
administrative appeals to be
filed with the City Manager
whereas all other appeals are
filed with the City Clerk.
The current City Code does
not provide for use of e-mail
in processing administrative
appeals.
The current City Code does
not include provisions clearly
specifying the scope and
effect of the Hearing Officer’s
authority.
This change would direct that
administrative appeals be
filed with the City Clerk and
would make the Clerk, rather
than the hearing officer,
responsible for noticing
appeal hearings.
This change would also allow
use of e-mail for
communications concerning
appeals if the appellant
consents to use of e-mail.
Appellants without e-mail
access or preferring to not
use e-mail would be able to
use regular mail and personal
delivery.
This change would explicitly
specify that (i) failure to
appear at a hearing waives
the appellant’s rights to the
hearing, (ii) the hearing
officer’s powers include the
power to require an
enforcement bond; and (iii)
appellants must comply with
hearing officer decisions.
This change also removes
references to the Board of
Appeals as discussed in item
4, above.
6. 3-15.100 - Actions by the
Hearing Officer
Various provisions of the City
Code indicate that hearing
officer decisions may not be
appealed to the City Council
This change would make clear
that the Hearing Officer’s
decision may not be appealed
to the City Council.
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and Article 3-15 has been
interpreted and applied in
that manner but that fact may
not be clear to members of
the public.
State law establishes the
procedures for challenging a
decision by the Hearing
Officer but there is no
reference to these
procedures in this part of the
City Code.
This change would direct
readers of the Code to the
provisions of State law that
govern judicial review of
Hearing Officer decisions.
This change also removes
references to the Board of
Appeals as discussed in item
4, above.
7. 3-25.080 - Form for Notice
to Remove Graffiti
This Code section references
the Board of Appeals.
This change replaces
references to the Board of
Appeals with reference to the
Hearing Officer.
8. 3-30.090 - Administrative
Hearings
This Code section is not
consistent with Article 3-15’s
procedures for appeal
hearings.
These changes promote
consistency with Article 3-15.
22. 16-05.020 - appeals of
Building Official decisions.
State law provides that the
Building Code may establish a
procedure for appeals of
decisions by the City Building
Official and that in the
absence of such procedures
the City Council shall hear
such appeals.
Because the City Code does
not include an appeals
procedure the City Council is
the default appellate body
per State law. Members of
the public may not be aware
of this fact.
To promote transparency and
better public understanding
this change would make clear
in the City Code that the City
Council is the body to
consider appeals of decisions
by the Building Official.
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Massage Permit Revisions
Code Section/Topic Issues Proposed Changes
9. 4-55.080 - Massage
Permit Denial Appeals.
This Code section references
the Board of Appeals.
This change replaces
references to the Board of
Appeals with reference to the
Hearing Officer.
Zoning Ordinance Revisions
Code Section/Topic Issues Proposed Changes
11. 15.06-195 – Definition of
Demolition
The City Code does not
currently have a definition of
what constitutes the
demolition of a structure and
each project is currently
evaluated on a case-by-case
basis without any adopted
criteria.
This change establishes
criteria regarding the amount
of exterior walls, roof
structure, roof sheathing, and
interior walls that would
constitute a demolition.
12. 15-06.291-Definition of
Funeral Home
The City Code currently allows
Mortuaries in the CV Zoning
District as a Conditional Use,
but does not define a
Mortuary or Funeral Home
use.
This change establishes a
definition for Funeral
Home/Mortuary.
13. 15-06.449 - Definition of
Mortuary
Described in item 12, above. Described in item 12, above.
14. 15-06.480 – Definition of
Office
The current definitions for
medical related office uses
has been confusing.
The proposed changes
provide examples of
professional office uses and
distinguishes them from a
medical office use.
Additionally, dispensing of
medical related products are
specifically excluded from the
medical office definition
15. 15-13.050(f) – Calculation
of Grading Volumes
The established staff practice
is to exclude the cut and fill
volumes of excavation for
proposed basements from the
1000 cubic yard limit.
This change codifies this
established practice.
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16. 15-29.040 - Noise
mitigation fencing.
The City Code notes locations
along specific roadways for
sound wall but does not
recognize that the Planning
Commission has approved
other locations.
This changes recognizes that
the Planning Commission may
approve additional locations.
17. 15-45.065 –
Administrative Design
Review Projects
The established staff practice
is to approve additions to
existing single-structures in
excess of 18-feet in height
and additions to existing
structures in excess of 6,000
square feet through the
Administrative Design Review
process.
Replacement structures for
demolished structures are
also not specifically listed.
This change codifies this
established practice and also
specifies that new or
replacement structures
resulting from a demolition
require Administrative Design
Review.
18. 15-45.070(a)(2) -
Administrative Design
Review Application
Contents
Existing City Code requires a
boundary survey if proposed
construction is with two feet
of a required setback and
requires that the survey be
conducted by a registered
civil engineer.
This change clarifies that the
boundary survey is required
for the planning reviews and
also requires a setback and
pad height certification letter
prior to foundation
inspection.
19. 15-45.090 -expiration of
design review approval
The ability to apply for a one-
year extension for the two-
year approval term for a
Design Review approval was
inadvertently deleted in a
past updated.
This change would rectify that
error.
20. 15-65.055 concerning
non-conforming parking
The established staff practice
is to allow minor additions to
homes with substandard
parking (e.g. 1-car garages)
and to only require
conforming parking if a design
review is required
This change codifies this
established practice.
21. 15-80.035 – Calculation of
Grading Volumes.
Described in item 15, above. Described in item 15, above.
The Code amendments above are implemented by the attached Ordinance (Attachment 1).
ENVIRONMENTAL DETERMINATION:
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The proposed ordinance is 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 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; the amendments and
additions would have a de minimis impact on the environment.
ATTACHMENTS:
1. Ordinance Amending City Code
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1
ORDINANCE __________
AN ORDINANCE AMENDING CHAPTERS 2, 3, 12, 14, 15 AND 16
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. The City Council of the City of Saratoga held a duly noticed public hearing on June 17,
2015, 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 sections of the Saratoga City Code listed in Attachment A are amended as set forth in
Attachment A. 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., strikeout). 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
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 a de minimis impact on the environment.
198
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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 June 17, 2015, and was adopted by
the following vote on July 1, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
HOWARD MILLER 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
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3
ATTACHMENT A TO AN ORDINANCE AMENDING CHAPTERS 2, 3, 12, 14, 15 AND 16
OF THE SARATOGA CITY CODE
The sections of the Saratoga City Code listed below are amended. 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., strikeout). 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.
1. Adoption of Section 2-10.190 concerning Subpoena Authority
2-10.190 – Subpoena Authority
(a) The City Council may issue subpoenas requiring attendance of witnesses or production
of books or other documents for evidence or testimony in any action or proceeding pending
before it (or any delegee of the City Council) when issuance of the subpoenas serves a valid
legislative purpose, and when the witnesses or material subpoenaed are pertinent to the
subject matter of a legislative investigation, including but not limited to enforcement
proceedings.
(b) The City Council, at the request of any party to an enforcement hearing , may
subpoena witnesses, documents and other evidence where the attendance of the witness or
the admission of evidence is deemed necessary by the City Council to decide the issues at the
hearing. All costs related to the subpoena, including witness and mileage fees shall be borne
by the party requesting the subpoena. The City Manager shall develop policies and
procedures relating to the issuance of subpoenas in enforcement hearings, including the form
of the subpoena and related costs .
(c) Subpoenas shall be signed by the mayor and attested by the City Clerk. They may be
served as subpoenas are served in civil actions.
(d) If any person duly subpoenaed neglects or refuses to obey a subpoena, or, appearing,
refuses to testify or answer any questions which a majority of the City Council decide proper
and pertinent, the Mayor shall report the fact to a judge of the Santa Clara County Superior
Court.
(e) The judge shall issue an attachment directed to the Santa Clara County Sheriff
commanding him to attach the person, and forthwith bring him before the judge.
(f) On return of the attachment and production of the witness, the judge has jurisdiction.
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(g) The right of a witness to purge himself of the contempt and the proceedings, penalties
and punishment shall be the same as if the contempt had been committed in a civil trial in a
Superior Court.
2. Amendment of Section 2-20.050 concerning City Manager Contracting Authority
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)-(h) No change.
(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 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 and sign on behalf of the City grants in any amount in
accordance with the City donation policy as approved by resolution of the City Council and
execute accept, award and sign contracts or 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. The City Council may delegate authority to the City Manager to sign any
particular grant, contract, or agreement awarded by the City Council which obligates
expenditures by the City in excess of twenty-five thousand dollars.
(j)-(l) No change.
3. Amendment of Section 2-45.070 concerning City Manager Contracting Authority
2-45.070 - Authorization for purchase orders and contracts; emergencies.
(a) The Purchasing Officer is hereby authorized to issue purchase orders and award and
sign contracts for supplies or services where the cost thereof does not exceed twenty-five
thousand dollars.
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(b) Contracts or purchase orders for supplies or services involving a cost in excess of
twenty-five thousand dollars must be approved or awarded by the City Council. The City
Council may delegate authority to the Purchasing Officer to sign any particular contract
awarded by the City Council for supplies or services which obligates expenditures by the City
in excess of twenty-five thousand dollars.
(c) Notwithstanding subsections (a) and (b) of this Section or any other provision of this
Article, the Purchasing Officer may purchase supplies or services having a cost in excess of
twenty-five thousand dollars in the event of emergency requiring the immediate preservation
of the public peace, health or safety, and precluding action by the City Council. In such
instances, the Purchasing Officer shall submit to the City Council at its next succeeding meeting
a written report describing the circumstances of the emergency, the supplies or services
purchased, and the cost thereof.
4. Amendment of Section 3-15.070 concerning Hearing Officer and Board of Appeals
3-15.070 - Hearing Officer and Board of Appeals.
(a) In order to hear and decide appeals of orders, decisions, or determinations made by the City
Manager relative to the application and interpretations of this Article and of such other
matters as may be subject to hearings by reference to this Section, there shall be and is
hereby established both a Hearing Officer and a Board of Appeals, the latter consisting of the
Chair of each of the following C ity Commissions: Public Safety, Finance, and Planning. The City
Council shall designate or appoint, in accordance with applicable law, one or more Hearing
Officers; the employment, performance evaluation, compensation, and benefits of a Hearing
Officer, if any, shall not be directly or indirectly conditioned upon the decisions of the
Hearing Officer including, but not limited to, the amount of fines upheld by the Hearing
Officer. Each appeal or other matter subject to hearing by reference to this Section shall be
heard and decided by the a Hearing Officer unless the City Council directs by duly adopted
motion that the appeal shall be heard by the Board of Appeals. Any action by the Hearing
Officer authorized or required by this Article may be taken by the Board of Appeals with
respect to any appeal that the Board of Appeals is authorized to consider. The Hearing Officer
and the Board shall each adopt rules of procedures for conducting its business and shall render
all decisions and findings in writing to the parties. appellant, with a duplicate copy to the City
Manager. Appeals to the Hearing Officer and the Board shall be processed in accordance with
the provisions contained in Section 3-15.080 unless alternative procedures are established in
the City Code provisions governing the matter that is the subject of the hearing. Rules of
procedure regarding the powers of a Hearing Officer and governing all hearings by a Hearing
Officer shall be adopted by resolution of the City Council and may be amended in the same
manner from time to time. Copies of all rules or regulations adopted by the Hearing Officer
and the Board the rules of procedure currently in effect shall be delivered to the City Manager
maintained by the City Clerk, who shall make them freely accessible to the public.
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(b) Neither the A Hearing Officer nor the Board of Appeals shall have any no authority relative to
interpretation of the administrative provisions of this Code nor shall the is a Hearing Officer or
the Board be empowered to waive requirements of this Code.
5. Amendment of Section 3-15.080 concerning Notice of Appeal Hearings
3-15.080 - Appeal of notice and order.
(a) Any person entitled to or receiving service under Section 3-15.040(b) of this Article may appeal
from any notice and order or any action of the City Manager under this Code by filing with the
office of the City Manager City Clerk a written appeal containing:
(1) A street address and a description sufficient for identification of the property and the
affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the structure
or the property involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific order for curative action
protested, together with any material facts claimed to support the contentions of the
appellant.
(5) A brief statement in ordinary and concise language of the relief sought and the reasons
why it is claimed the protested order for curative action should be reversed, modified or
otherwise set aside.
(6) The signatures of all parties named as appellants and their official mailing addresses for
receipt of first class mail and overnight delivery of correspondence concerning the
appeal and their e-mail addresses if they wish to received notices via e-mail.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to
the truth of the matters stated in the appeal.
(b) The appeal shall be filed within thirty days from the date of service of such notice and order
for curative action of the City Manager; provided, however that if the City Manager has
determined that the parcel of land or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or adjacent property and if the
notice and order of the City Manager so provides, such appeal shall be filed within ten days
from the date of the service of the notice and order of the City Manager.
(c) As soon as practicable after receiving the written appeal, the Hearing Officer or the Secretary
of the Board of Appeals shall fix a date, time and place for the hearing of the appeal. Written
notice of the day, time and place of the hearing shall be served by the City Clerk by personal
delivery or regular mail to the parties to the hearing mailed at least 15 calendar days prior to
the scheduled date of the hearing. Email may be used to accomplish such service if (i) the
party has provided an e-mail address to the City Clerk and (ii) receipt of the e-mail is
acknowledged the party. If e-mail notice is not acknowledged within 48 hours the City Clerk
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shall serve the notice by regular mail by 5:00 p.m. on the first business day following
acknowledgement deadline. Such date shall not be less than five days nor more than thirty
days from the date the appeal was filed with the City Manager. Written notice of the time and
place of the hearing shall be given at least five days prior to the date of the hearing to each
appellant by the Hearing Officer or the Secretary of the Board of Appeals either by causing a
copy of such notice to be delivered to the appellant personally or by mailing a copy thereof,
postage prepaid, addressed to the appellant at the address shown on the appeal.
(d) Failure of any person to file an appeal in accordance with this provision of this Code shall
constitute a waiver of the right to an administrative hearing and adjudication of the notice and
order or any portion thereof.
(e) Only those matters or issues specifically raised by the appellant and within the jurisdiction of
the Hearing Officer or Board of Appeals shall be considered in the hearing of the appeal.
(f) Procedures for the conduct of the appeals hearing shall comply with the rules adopted by the
Hearing Officer or the Board of Appeals pursuant to Section 3-15.070.
(g) Any person whose property or actions are the subject of a hearing and who fails to appear at
the hearing is deemed to waive the right to a hearing and to an adjudication of the issues
related to the hearing, provided that notice of the hearing has been provided in accordance
with subsection (c) above.
(h) The Hearing Officer has the authority to require a responsible person to post a code
enforcement performance bond to ensure compliance with the Hearing Officer’s Decision.
(i) It is unlawful for a party to a hearing before a Hearing Officer who has been served with a
copy of the final decision of the Hearing Officer to fail to comply with the decision. Failure to
comply with such decision may, in addition to any other remedies available, be prosecuted
as a misdemeanor or an infraction.
6. Amendment of Section 3-15.100 concerning Actions by the Hearing Officer
3-15.100 - Action by Hearing Officer or Board of Appeals.
If the Hearing Officer or Board of Appeals has upheld the City Manager's determination of
nuisance, and proposed abatement, the Board shall order the City Manager to is authorized to
abate the nuisance. The decision of the Hearing Officer or Board of Appeals shall include a finding
whether any attorneys' fees incurred by the prevailing party were reasonably and necessarily
incurred, provided, however, in no event shall an award of attorneys’ fees to a prevailing party
exceed the amount of reasonable attorneys' fees incurred by the City. The Hearing Officer’s
decision may not be appealed to the City Council. Judicial review of a Hearing Officer’s decision
may be sought pursuant to a timely petition for writ of administrative mandamus in accordance
with California Code of Civil Procedure section 1094.6.
7. Amendment of Section 3-25.080 concerning Form for Notice to Remove Graffiti
3-25.080 - Notice of intention to abate and remove graffiti—Form.
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(a) If a prior written consent pursuant to Section 3-25.070 has not been submitted to the City by
the current owner of the real property shown on the last equalized assessment roll of the
County or as known to the City Manager, the City Manager shall cause a notice of intention to
remove graffiti to be mailed by registered or certified mail to the owner of the real property
upon which graffiti has been unlawfully applied. The notice shall advise the following:
(1) If consent to remove the graffiti is provided to the City by the owner, or by any person
authorized by the owner, within ten days of mailing the notice, the City shall remove the
graffiti at no cost to the owner.
(2) If the owner objects to removal of the graffiti by the city City and/or to the costs which
shall be assessed to the owner the owner may request a hearing before the Board of
Appeals pursuant to Section 3 -15.080 3-15.070 of this Chapter by delivering to the office
of the City Manager within ten days of the mailing of the notice, a written request for a
hearing in the form described in the notice provisions of subsection (b) of this Section.
(3) If within ten days of the mailing of the notice, the graffiti has not been removed and the
city City has not received from the owner either a consent to remove the graffiti or a
written request for a public hearing, then the city City shall be entitled to remove the
graffiti and assess the costs of administration and removal of the property owner.
(b) The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE
AND REMOVE GRAFFITI
____________
____________
____________
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at
____________ you are hereby notified that the undersigned had determined pursuant Section
3-25.010 of the Saratoga Code of the City of Saratoga that there exists upon said real property
certain graffiti which constitutes a public nuisance.
The City of Saratoga desires to remove the Graffiti as quickly as possible. If within ten (10)
days of the mailing of this notice you, or any person authorized by you, provides the City with
written consent to remove the Graffiti, the City shall remove the Graffiti at no expense to you
as the owner. If within ten (10) days of the mailing of this notice, the Graffiti has not been
removed and the City has not received from you written consent to remove the Graffiti, the
city shall determine the Graffiti a public nuisance and assess the costs of administration and
removal to you without a hearing.
If you object to the removal of the Graffiti from your property by the City and/or to the costs
which shall be assessed to you pursuant to the terms of this letter, you may request a hearing
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before the Board of Appeals a Hearing Officer appointed pursuant to Section 3-15.080 3-
15.070 of the Code of the City of Saratoga by delivering to the City Manager within ten (10)
days of the mailing of this notice, a written request for a hearing setting forth the nature of
your objections.
You may appear in person at any hearing, or by any other responsible party or, in lieu
thereof, you may present a sworn statement of the reasons you object to the removal of the
graffiti from your property by the City and/or to the costs to be assessed. The sworn statement
must be delivered to the City Manager before the time set for the hearing.
If you desire the City to remove the graffiti from your property at no expense to yourself,
please provide written consent to the City on or before ____________, 19920____________. A
consent form is included with this notice, for your convenience.
Notice mailed:____________
____________
City Manager
City of Saratoga
8. Amendment of Section 3-30.090 concerning Administrative Hearings
3-30.090. - Administrative hearing.
(a) Administrative hearings shall be conducted by the Hearing Officer appointed pursuant to
Section 3-15.070 of this Code. The City Council shall designate or appoint, in accordance with
applicable law, a Hearing Officer. The employment, performance evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the Hearing Officer.
(b) The hearings shall be attended by the Enforcement Officer and the Citee (and/or an
authorized representative of Citee) and conducted pursuant to reasonable procedures to be
established by the Hearing Officer rules of procedure established in accordance with Section
3-15.070 of this Code.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer
shall issue an administrative order at the conclusion of the hearing or within fifteen days to
uphold or overturn the citation and shall state the reasons thereof. If the citation is upheld and
the violation has not been fully corrected as of the date of the hearing, the Hearing Officer
shall order correction thereof in the decision and state deadline(s) to complete such action(s).
The decision of the Hearing Officer shall be final. All fines shall become immediately due and
owing to the City in the full amount and if not paid may be collected as provided in this Code.
If a citation is not upheld, the City shall return the fine deposit in accordance with section 3-
30.080.
(d) The Superior Court is the sole reviewing authority and an appeal from a Hearing Officer's
decision is not appealable to the City Council. If a responsible person prevails on appeal after
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final judgment of the reviewing court, the City shall reimburse that person's fine deposit in
accordance with the court judgment. These monies shall be mailed to the responsible person
within thirty calendar days of the City's receipt of a notice of final judgment or ruling from the
Superior Court Clerk.
9. Amendment of Section 4-55.080 concerning Massage Permit Denial Appeals.
4-55.080 - Action by city manager on permit application; grounds for denial.
(a)-(k) No change.
(l) Appeal of denial of application for a permit. Upon the denial of an application for a permit,
the applicant may appeal through the following procedures:
(1) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the City Manager to deny the permit is
contested, within ten days after service of the notice of the written decision, by
deposit of the notice, addressed to the holder of the permit, by certified mail
and/or by hand delivery. At the time of submitting the written request for an appeal
hearing, the applicant shall pay an appeal hearing fee, set forth in the City fee
schedule, to help defray in part the additional cost to the City. If the applicant does
not request an appeal hearing within the ten-day period, no further notice is
required and the application will remain denied.
(2) In order to hear and decide appeals Appeals of denials of applications for permits
made by the City Manager shall be heard by the Hearing Officer appointed
pursuant to Section 3-15.070 of this Code. Hearings shall be attended by the City
Manager and the appellant (and/or an authorized representative) and conducted
pursuant to rules of procedure established in accordance with Section 3-15.070 of
this Code., there shall be and is created a Board of Appeals consisting of members
appointed by the City Council. The City Manager shall be an ex officio member and
shall act as Secretary to such Board but shall have no vote upon any matter before
the Board. Copies of any rules or regulations adopted by the Board shall be
delivered to the City Manager, w ho shall make them freely accessible to the public.
The Board Hearing Officer shall have no authority to waive requirements of this
Article.
(3) The appeal hearing shall be set and noticed in accordance with Section 3-15.080(c)
of this Code. As soon as practicable after receiving the written appeal, the
Secretary of the Board of Appeals shall fix a date, time and place for the hearing of
the appeal by the Board. Such date shall not be less than five working days nor
more than thirty working days from the date the appeal was filed with the City
Manager. Written notice of the time and place of the hearing shall be given by
certified mail at least five working days prior to the date of the hearing to the
appellant by the Secretary of the Board either by causing a copy of such notice to be
delivered to the appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at the address shown on the appeal.
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(4) Failure of an applicant to file an appeal in accordance with the provisions set forth
in this Section shall constitute a waiver of the right to an administrative hearing and
adjudication of the notice and order or any portion thereof.
(5) At the hearing both the appellant and the City shall have the right to appear and be
represented by counsel and to present evidence and arguments which are relevant
to the grounds for the appeal.
(6) Within ten working business days of the hearing, the Board Hearing Officer shall
issue a written decision which states whether the decision of the City Manager is
upheld, modified or reversed. The decision of the Board Hearing Officer shall be
served on the appellant by certified mail, return receipt requested. The decision of
the Board Hearing Officer shall be final.
10. Amendment of section 12-15.050 concerning City Manager Contracting Authority
12-15.060 - Award of contracts.
(a) Contracts on which informal bids have been obtained pursuant to this Article shall be awarded
in accordance with the same policies and standards customarily followed by the City for public
projects requiring formal bids.
(b) The City Council may, by resolution, delegate to the City Manager or the Maintenance Director
or other designated employee of the City the authority to award and sign any particular
contract for which informal bids will be have been obtained pursuant to this Article.
11. Adoption of section 15-06.195 defining the term “Demolition”
15-06.195 Demolition
“Demolition” of a building means:
(a) removal or covering of more than fifty (50) percent of the exterior walls of an existing
structure so the walls no longer function as exterior walls and removal of more than fifty
(50) percent of the existing roof structure and exterior roof sheathing; or
(b) removal or covering of more than fifty (50) percent of the exterior walls of an existing
structure so the walls no longer function as exterior walls and removal of more than fifty
(50) percent of interior walls.
The exclusive removal of interior walls without any modification or removal of exterior
walls or any modification or removal of the existing roof structure and exterior sheathing
is not considered a demolition.
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12. Adoption of section 15-06.291 defining the term “Funeral Home”
15-06.291 Funeral Home
“Funeral Home” means an establishment with facilities for the preparation and servicing of
the dead for cremation or burial, for the viewing of the body, and for the hosting of funeral
services or end of life commemorations.
13. Adoption of section 15-06.449 defining the term “Mortuary”
15-06.449 Mortuary
“Mortuary” means Funeral Home
14. Amendment of section 15-06.480 defining the term “Office”
15-06.480 - Office.
(a) Professional office means a use providing professional or consulting services, including
therapists and healing arts professionals and other similar service providers that do not
create significant odors, noise, or medical waste. Examples of allowable professional
office uses are Acupuncturists, Traditional Ethnic Medicine Practitioners, Physical
Therapist, Psychologist, Cranialsacral Therapist, and Occupational Therapist.
(b) Administrative office means a use providing facilities for the conduct of management
and administrative functions of a business or other enterprise.
(c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative,
or corrective personal treatment services by licensed/certified doctors, dentists, and
similar practitioners. Uses with the primary focus on the dispensing and sale of
glasses, contact lenses, nutritional supplements, or medical devices and products are
not a medical office use.
15. Amendment of section 15-13.050(f) concerning calculating the volume of grading
Section 15-13.050(f)
(f) Grading. The combined cut and fill of any grading shall not exceed one thousand
cubic yards, including any excavation for a swimming pool and not including excavation
for a proposed basement, unless a larger quantity is approved by the Planning
Commission upon making all of the following findings:
(1) The additional grading is necessary in order to allow reasonable development of
the property or to achieve a reasonable means of access to the building site; and
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(2) The natural land forms and vegetation are being preserved and protected; and
(3) The increased grading is necessary to promote the compatibility of the
construction with the natural terrain; and
(4) The increased grading is necessary to integrate an architectural design into the
natural topography; and
(5) The increased grading is necessary to reduce the prominence of the construction
as viewed from surrounding views or from distant community views.
(6) No building site shall be graded so as to create a flat visible pad surrounding the
main residential structure.
16. Amendment of section 15-29.040 concerning noise mitigation fencing
15-29.040 - Fencing to mitigate noise from certain arterial streets.
(a) For the purpose of noise mitigation, a solid fence, or other type of fence permitted by this
Article, exceeding the height otherwise prescribed in this Article as the limit for such fence
may be located within any required setback area abutting Prospect Road,
Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale
Avenue and Lawrence Expressway or the portion of Cox Avenue between
Saratoga/Sunnyvale Road and Saratoga Avenue, or any other roadway if the fence was
specifically approved by the Planning Commission in accordance with the Saratoga City
Code, upon the issuance by the Community Development Director of a fence permit and
subject to the following provisions:
(1) Where the fence is located within an exterior side setback area or rear setback area
abutting one of the arterial streets specified herein, the fence shall not exceed eight feet
in height at the property line, plus one additional foot in height for each additional five
feet of setback from the property line, up to a maximum height of ten feet if the fence is
still located within a required setback area.
(2) Where the fence is located within a front setback area abutting one of the arterial
streets specified herein, the fence may be located no closer than ten feet from the front
property line and shall not exceed eight feet in height, plus one additional foot in height
for each additional five feet of setback from the front property line in excess of ten feet,
up to a maximum height of ten feet if the fence is still located within the required front
setback area.
(3) Where a street line is located within a site, the location and setback of the fence as
specified in subsections (a)(1) and (2) of this Section shall be determined by the street
line rather than the property line.
(4) The applicant shall landscape and permanently maintain an area parallel to and along
the entire exterior side of the fence facing the street, in accordance with a landscape
plan approved by the Community Development Director. All or any portion of such area
may be located within the public right-of-way, subject to approval by the Community
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Development Director. The landscaped area required herein shall be not less than five
feet in width, except that where the available space between the fence and the interior
edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is
less than five feet, the Community Development Director may approve a landscape area
of not less than two feet. Prior to issuance of the fence permit, a landscape
maintenance agreement shall be executed by the applicant and recorded in the office of
the County Recorder, which agreement shall constitute a covenant running with the
land.
(5) The design of the fence shall be subject to approval by the Community Development
Director, based upon a finding that the fence is compatible with existing or proposed
structures on the site and upon neighboring properties.
(6) No permit shall be issued if the Community Development Director finds that the fence
will constitute a hazard for vehicular or pedestrian traffic or will otherwise be
detrimental to the public health, safety or welfare.
(b) Applications for a fence permit under this Section shall be filed with the Community
Development Director on such form as he shall prescribe, and shall be accompanied by a
processing fee in such amount as established from time to time by resolution of the City
Council.
17. Amendment of section 15-45.065 concerning Administrative Design Review
15-45.065 - Administrative design review.
(a) Pursuant to this Article, the following projects shall receive administrative design review
approval by the Community Development Director prior to issuance of a building permit in any A,
R-1, HR, or R-OS district:
(1) Any new single-story residence or accessory structure greater than two hundred
fifty square feet in floor area.
(2) Any addition to an existing structure that would expand the floor area by more than
fifty percent.
(3) Any addition to an existing structure that would expand the second story floor area
by one hundred square feet or more.
(4) Any addition to an existing structure that would modify the footprint by more than
fifty percent.
(5) Any new or enlarged basement.
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(6) Any reconstruction of fifty percent or more of an existing structure. Any new or
replacement structure that results from a demolition as defined by Section 15-
06.195
(7) Any single-story addition to an existing structure in excess on a site where the
existing cumulative floor area of all structures on the site is more than six
thousand square feet.
(8) Any single-story addition to an existing single-story structure in excess of 18
feet in height can be approved as an administrative design review unless
specifically required by Section 15-45.060.
(b)-(d) – No change.
18. Amendment of section 15-45.070(a)(2) concerning Administrative Design Review Application
Contents
15-45.070 - Application requirements.
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe. An
application shall include the following exhibits:
(1) [No change]
(2) Any application that proposes new construction two feet or closer to a required
setback area shall include a boundary survey for planning review, and a setback
certification and pad height certification letter during building permit review, each
signed by a State licensed land surveyor or registered civil engineer qualified to do
property line surveys. Such surveys shall verify the location of all existing property lines,
easements, structures and protected trees, as defined in Section 15-50.020(q). The
setback and height certification letter may be submitted after the initial application but
in no event later than the foundation inspection.
(3)- (14) [No change]
19. Amendment of section 15-45.090 concerning expiration of design review approval
15-45.090 - Expiration of design review approval; extension; tolling of time period.
(a) Notwithstanding subsections (b) and through(cd) of this Section, each design review
approval granted pursuant to this Article shall expire thirty-six months from the date
on which the approval became effective, unless prior to such expiration date a building
permit is issued and construction commenced.
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(b) If a building permit is issued and expires, and the Building Department does not renew
the building permit within one hundred eighty days after expiration, the design review
approval shall concurrently expire on the one hundred eightieth day after the building
permit expiration.
(c) If an application is made for a modification to the project that increases the floor area
by more than twenty percent or changes the approval process, then the previously
issued design review approval shall expire upon the filing of the application for
modification.
(d) A design review approval may be extended for a single period of twelve months by the
Community Development Director. Any application for extension shall be filed prior
to the expiration date with a statement of reasons for the request, and shall be
accompanied by the payment of a fee in such an amount as established from time to
time by resolution of the City Council. Extension of design review approval is not a
matter of right and the Director of Community Development may deny the application
or grant the application subject to conditions.
20. Adoption of section 15-65.055 concerning non-conforming parking
15-65.055 Residential properties with substandard parking
Notwithstanding any other provisions of this Article, existing residential structures and uses
which are only nonconforming with respect to the parking requirements of Section
15.35.030 may be repaired, altered, reconstructed, or expanded as noted below:
(a) Structures on a residential property with an existing one-car garage may be repaired,
altered, reconstructed, or expanded with a building permit application provided that a
design review approval is not required by Sections 15.45.60 or 15-45.065.
(b) Structures requiring design review approval must comply with the parking requirements
of Section 15.35.030.
21. Amendment of section 15-80.035 concerning calculating the volume of grading
15-80.035 - Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district,
with the exception of requirements in subsections (d) and (e) of this Section, which shall apply
to all districts:
(a)-(d) – No change.
(e) Applicant shall submit to the Planning Department a grading and drainage plan stamped
and signed by a registered civil engineer. Water collected from a basement shall either
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be transported to a nearby city storm drain inlet or to another drainage facility. The
method of drainage shall be reviewed and approved by the Community Development
Director. Disposition and treatment of on-site storm water shall be consistent with the
requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(NPDES requirements). The size of a proposed basement may be limited based on
drainage issues or issues raised in the geologic and geotechnical reports. The cut and fill
volumes associated with a proposed basement shall not be included in the total
required cut and fill grading calculations required to be documented for the property.
22. Adoption of Section 16-05.020 concerning appeals of Building Official decisions.
16-05.020 – Building Appeals
(a) The City Council shall hear and act upon appeals from determinations by City building
officials concerning the suitability of alternate materials and methods of construction and
questions of interpretation arising under the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Electrical Code, the Uniform Plumbing Code and the
Uniform Fire Code, as these codes may be amended from time to time and shall act as the
Housing Appeals Board and the Local Appeals Board as those terms are used in Health
and Safety Code sections 19720.5 and 19720.6.
675855.3
214
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: Designation of League of California Cities Annual Conference Voting
Delegate and Alternates
RECOMMENDED ACTION:
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2015
League of California Cities Annual Conference.
BACKGROUND:
The League of California Cities Annual Conference will take place September 30
October 2, 2015 in San Jose. During the conference, the League conducts its Annual Business
Meeting and members take action on resolutions that establish League policy. Each member city
is asked to designate a voting delegate and up to two alterna
alternates must be registered to attend the Annual Conference.
The League of California Cities requires that cities submit the names of their designated voter
and alternatives by Friday, September 18, 2015.
Additional information about the conference is available online at
https://www.cacities.org/Education-Events/Annual
ATTACHMENTS:
Attachment A – League of California Cities Letter
and Alternates
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Designation of League of California Cities Annual Conference Voting
Delegate and Alternates
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2015
League of California Cities Annual Conference.
The League of California Cities Annual Conference will take place September 30 through
October 2, 2015 in San Jose. During the conference, the League conducts its Annual Business
on resolutions that establish League policy. Each member city
is asked to designate a voting delegate and up to two alternate voting delegates. Delegates and
alternates must be registered to attend the Annual Conference.
The League of California Cities requires that cities submit the names of their designated voter
and alternatives by Friday, September 18, 2015.
information about the conference is available online at
Events/Annual-Conference.
League of California Cities Letter on Annual Conference Designated Voters
Designation of League of California Cities Annual Conference Voting
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2015
through
October 2, 2015 in San Jose. During the conference, the League conducts its Annual Business
on resolutions that establish League policy. Each member city
te voting delegates. Delegates and
The League of California Cities requires that cities submit the names of their designated voter
on Annual Conference Designated Voters
215
May 29, 2015
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference – September 30 – October 2, San Jose
The League’s 2015Annual Conference is scheduled for September 30 – October 2 in San Jose. An
important part of the Annual Conference is the Annual Business Meeting (at the General
Assembly), scheduled for noon on Friday, October 2, at the San Jose 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, September 18, 2015. 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.org. In order to cast a vote, at least one voter must be present at the
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Council Action Advised by July 31, 2015
-over-
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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 San Jose Convention
Center, will be open at the following times: Wednesday, September 30, 8:00 a.m. – 6:00 p.m.;
Thursday, October 1, 7:00 a.m. – 4:00 p.m.; and Friday, October 2, 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, September 18. If you have questions, please call Kayla Gibson at
(916) 658-8247.
Attachments:
• 2015 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
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Annual Conference Voting Procedures
2015 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.
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2015 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, September 18, 2015.
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, September 18, 2015
League of California Cities FAX: (916) 658-8240
ATTN: Kayla Gibson E-mail: kgibson@cacities.org
1400 K Street, 4th Floor (916) 658-8247
Sacramento, CA 95814
CITY:________________________________________
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