HomeMy WebLinkAbout09-16-2020 Council agenda packetSaratoga City Council Agenda – September 16, 2020 – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
SEPTEMBER 16, 2020
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be entirely by teleconference. All Council members and staff will only
participate via the Zoom platform using the process described below. The meeting is being
conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain
teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide
the safest environment for the public, elected officials, and staff while allowing for continued
operation of the government and public participation during the COVID‐19 pandemic.
Members of the public can view and participate in the Joint Meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/85045807665 or App (Webinar ID
850 4580 7665) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (850 4580 7665),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Members of the public can view and participate in the Regular Session of the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/83569656723 or App (Webinar ID
835 6965 6723) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (835 6965 6723),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968,
entering the Webinar ID (835 6965 6723), and pressing *9 to raise their hand to speak on
an agenda item when directed by the Mayor; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2, calling
1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (835 6965 6723), and
pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor.
Please mute your computer or television before giving public comment.
The public will not be able to participate in the meeting in person.
As always, members of the public can send written comments to the Council prior to the meeting
by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These
emails will be provided to the members of the Council and will become part of the official record
of the meeting.
Saratoga City Council Agenda – September 16, 2020 – Page 2 of 6
During the meeting the Mayor will explain the process for members of the public to be recognized
to offer public comment.
In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting due to a disability, please contact the City Clerk
at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The
City will use its best efforts to provide reasonable accommodations to provide as much
accessibility as possible while also maintaining public safety.
6:00 P.M. JOINT MEETING
Members of the public can view and participate in the Joint Meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/85045807665 or App (Webinar ID
850 4580 7665) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (850 4580 7665),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Joint Meeting with the Saratoga Youth Commission
7:00 P.M. REGULAR SESSION
Members of the public can view and participate in the Regular Session of the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/83569656723 or App (Webinar ID
835 6965 6723) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (835 6965 6723),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968,
entering the Webinar ID (835 6965 6723), and pressing *9 to raise their hand to speak on
an agenda item when directed by the Mayor; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2, calling
1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (835 6965 6723), and
pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor.
Please mute your computer or television before giving public comment.
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on September 11, 2020.
REPORT FROM CLOSED SESSION
Saratoga City Council Agenda – September 16, 2020 – Page 3 of 6
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
CERMONIAL
Appointment of Commissioners
Recommended Action:
Approve the resolution appointing 1 (one) member to the Library & Community
Engagement Commission and 1 (one) member to the Parks & Recreation Commission and
direct the City Clerk to administer the Oath of Office.
Commendation for Terence (Terry) Ward
Recommended Action:
Commend Terry Ward for his service on the Saratoga Parks & Recreation Commission.
Commendation for 100th Anniversary of Scouting in Saratoga
Recommended Action:
Commend the Saratoga Scout BSA Troops during the 100th anniversary of Scouts in
Saratoga.
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on September 2,
2020.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
9/2/2020 Period 3; 9/10/2020 Period 3.
1.3. Ordinance Banning the Sale of Electronic Smoking Products
Recommended Action:
Waive the second reading and adopt the attached ordinance that would prohibit the sale of
electronic smoking products in the City of Saratoga through amendments to Article 4.90 of
the City Code effective January 1, 2021.
Saratoga City Council Agenda – September 16, 2020 – Page 4 of 6
1.4. Funding Agreement Santa Clara Valley Transportation Authority (VTA) for the 2016
Measure B Bicycle & Pedestrian Education and Encouragement Program
Recommended Action:
1. Authorize the City Manager to execute a Funding Agreement Santa Clara Valley
Transportation Authority (VTA) for the 2016 Measure B Bicycle & Pedestrian Education
and Encouragement Program.
2.Approve the Budget Resolution amending FY20/21 Budget to increase the revenues and
expenditures in the amount of $96,000.
1.5. Safe Routes to School Master Plan
Recommended Action:
1. Authorize the City Manager to enter into a Professional Service Agreement with Fehr and
Peers in the amount of $65,948.
2.Authorize City Manager to execute a change order up to $6,500.
1.6. Amendment to the Agreement for Maintenance of State Highway in the City of
Saratoga
Recommended Action:
1. Adopt resolution amending the Cooperative Agreement between the State of California
Department of Transportation (Caltrans)
2.Authorize the City Manager to execute Amendment No.1, Agreement for Maintenance of
State Highway in the City of Saratoga that assigns and expands the maintenance
responsibilities of shared roadway bicycle markings on Big Basin Way.
1.7. Agreement Authorizing Use of Saratoga Library as Public Safety Power Shutoff
Resource Center
Recommended Action:
Authorize the City Manager to execute the Saratoga Library Use Authorization Agreement,
allowing the Saratoga Library to be used as a Public Safety Power Shutoff (PSPS) resource
center.
2. PUBLIC HEARING
None
3. GENERAL BUSINESS
3.1. Business License Renewal Extension Program
Recommended Action:
City Council to review and provide direction on a proposed Business License Renewal
Extension Program.
3.2. Letter Regarding State Route 85 Transit Lane
Recommended Action:
Approve the attached letter to the Board of the Valley Transportation Agency (VTA)
supporting the recommendation of the VTA State Route 85 Policy Advisory Board.
Saratoga City Council Agenda – September 16, 2020 – Page 5 of 6
3.3. Resolution Amending the City of Saratoga Conflict of Interest Code
Recommended Action:
Approve the resolution amending the City of Saratoga Conflict of Interest Code.
3.4. City Manager's Annual Salary for Fiscal Year 2020/21
Recommended Action:
Approve City Manager’s annual salary of $265,000 effective July 1, 2020.
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Council Finance Committee
Saratoga Ministerial Association
Saratoga Sister City Organization
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Mayors & Managers
Vice Mayor Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County Board of Directors
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Council Finance Committee
Hakone Foundation Board & Executive Committee
Public Art Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Santa Clara/Santa Cruz Airport/Community Roundtable
Saratoga Historical Foundation
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Yan Zhao
Hakone Foundation Board
KSAR Community Access TV Board
Public Art Committee
Santa Clara County-Comprehensive County Expressway Planning Study Policy Advisory Board
Saratoga Area Senior Coordinating Council (SASCC)
Saratoga Chamber of Commerce & Destination Saratoga
West Valley Sanitation District
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
Saratoga City Council Agenda – September 16, 2020 – Page 6 of 6
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Debbie Bretschneider, CMC, City Clerk, for the City of Saratoga, declare that the foregoing
agenda for the meeting of the City Council was posted and available for review on September 11,
2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's
website at www.saratoga.ca.us.
Signed this 11th day of September 2020 at Saratoga, California.
Debbie Bretschneider, CMC, City Clerk
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, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders
these materials will be available for review in the office of the City Clerk at 13777 Fruitvale
Avenue, Saratoga, California.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as
soon as possible before the meeting. The City will use its best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
09/16 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session
10/07
5:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 6:00
p.m. Joint Meeting - Saratoga Schools and Boards at West Valley College | 7:00 p.m. Regular
10/21 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session
11/04 6:00 p.m. Joint Meeting with KSAR | 7:00 p.m. Regular Session
11/18 6:00 p.m. Joint Meeting with TBD | 7:00 p.m. Regular Session
12/02 5:00 p.m. Commission Interviews for HPC & TSC | 6:00 p.m. Joint Meeting with Historical
Foundation | 7:00 p.m. Regular Session
12/15 7:00 p.m. Council Reorganization
12/16 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Linda Callon Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater
at 13777 Fruitvale Avenue
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2020
City Council
Joint Meeting
The City Council Regular Session begins at 7:00 p.m. as a Virtual Meeting.
View access information on the agenda at www.saratoga.ca.us/agendacenter
JOINT MEETING WITH
SARATOGA YOUTH COMMISSION
September 16, 2020
6:00 p.m. –6:45 p.m.
Virtual Meeting
General Public Zoom Access:
https://us02web.zoom.us/j/85045807665
Webinar ID: 850 4580 7665
Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID
(City Council, Youth Commission, and City staff will receive separate access information)
Discussion Topics
Introductions
Youth Commission Work Plan
Other Remarks & Wrap Up
6
CITY OF SARATOGA
Memorandum
To:Mayor Miller & Members of the Saratoga City Council
From:Kayla Nakamoto, Administrative Analyst
Date:September 16, 2020
Subject:Youth Commission Work Plan
In 2020, the Youth Commission proposes to focus on the following list of items. The overall goals
of the work plan are to build community, increase inclusivity, educate youth, and promote
wellbeing of youth. The Commission will be sharing a presentation during the Joint Meeting on
September 16, 2020 to provide more detail about these proposed work plan items.
Building Community
Support the City sponsored Drive-In Movie in October, which will include the State of the
City video.
Raise Youth Commission’s presence in the community by participating in community-
based events such as the Saratoga Scarecrows and Drive-In Movie.
Collaborate with other teen leaders from the Saratoga Library.
Increasing Inclusivity
Organize a photography and/or videography contest to showcase the talent and diversity
in Saratoga through different forms of art. This event will show appreciation for the
variety of cultures in the community.
Engage the community, especially our most vulnerable groups through creative
initiatives, such as a Community Cookbook, and cards and care packages.
Host a fundraiser to continue the efforts to purchase inclusive playground equipment and
to create a more accessible playground.
Collaborate with the City to host a program designed for individuals with disabilities. This
will be a fun event and continue to engage the dancers in a safe way until the dances can
resume.
Educating Youth
Collaborate with neighboring cities to host Pizza and Politics, a political forum that is
designed for teens and organized by teens.
7
Share information about local, national, and global events and issues through videos
posted on Youtube.
Promoting Wellbeing of Youth
Host a night of Kahoot to build community and give teens a safe place to de-stress with a
night of fun!
Continue to offer Walk-One-Week so the Youth Commission can encourage Saratoga
students to be active, help decrease the carbon footprint, and mitigate traffic congestion
around schools. The goal is to work with every elementary school in Saratoga. The
Commission will figure out new ways to hold Walk-One-Week for schools/students that
are in distance learning programs.
Promote health and wellness by hosting the 6th annual 5k color dash (5th year was
cancelled). The Commission will identify ways to hold the event if large outdoor
gatherings are not permitted due to COVID-19.
Educate the community through SED Talks and provide opportunities for youth in the
community to explore areas of interest.
Current Membership:
Name Term Ending School
Nicita Raamkumar 07/2021 Saratoga High School
Michelle Liu 07/2021 The Harker School
Nivi Madhan 07/2021 Lynbrook High School
Alex Zhai 07/2021 The Harker School
Carolyn Wang 07/2021 Saratoga High School
Timothy Leung 07/2022 Redwood Middle School
Cameron Hicks 07/2022 Crystal Springs Uplands
School
Jacob Huang 07/2022 The Harker School
Aria Jain 07/2022 The Harker School
Linnea Bradley 07/2022 Saratoga High School
Nicole Lu 07/2022 Saratoga High School
8
Alex, Aria, Cameron, Carolyn, Jacob, Linnea, Michelle,
Nicita, Nicole, Nivi, Timothy
Saratoga Youth Commission
Work Plan
2020-2021
9
Chair:Michelle Liu (11)
Vice Chair:Alex Zhai (12)
Marketing Chair:Nicita Raamkumar (9)
Secretary:Nicole Lu (11)
Treasurer: Nivi Madhan (12)
Commissioner:Aria Jain (10)
Commissioner:Cameron Hicks (9)
Commissioner:Timothy Leung (8)
Commissioner:Linnea Bradley (11)
Commissioner:Carolyn Wang (11)
Commissioner:Jacob Huang (10)
Staff Liaison: Kayla Nakamoto
Who?
Saratoga Youth Commission
10
EDUCATIONINCLUSIVITY MENTAL HEALTH
Youth and Community Issues
BUILDING COMMUNITY
Discussing local, national, and
global issues
Increasing social opportunities, especially during this tough time
Creating a welcoming
environment for everyone
Youth well-being and happiness
during a unique year 11
State of the City / Drive-in Movie (Linnea)
●Support a drive-in movie
night where the State of
the City will be presented
and followed by a showing
of Frankenweenie.
●Everything will be abiding
by social distancing rules
12
Pizza and Politics (Cameron)
●Pizza & Politics re-
imagined due to
COVID-19.
●While talking about
upcoming political
events
13
Scarecrow Project (Jacob)
●Creating a scarecrow
on behalf of YC
●Fun challenge
●Supports the
community
14
Photography/Videography Contest (Aria)
●Creative outlet
●Friendly competition with actual
judges
○Prizes available
●Target: Open to discussion
○If just kids and teens then add
school to verify
●Connections: Mental Health, Building
Community
15
Game Night (Timothy)
●A fun game night on Zoom, where
people can play online games with
their friends
●Possible Games:
○Kahoot!
○Charades
○Pictionary
●With fun prizes!
16
Community Cookbook (Michelle)
●Submissions from the
community
●Inclusive of all ages: teens,
seniors, parents, etc.
●Online pdf edition,
accessible on the city
website
●Submission Themes:
holidays, cultures, family
traditions, etc.17
Fundraiser (Nicole)
•Continue fundraising for
inclusive playground
equipment throughout
the year
•Promote GoFundMe on
social media
•Think of other mediums
of fundraising for
inclusive playground
equipment
•Potentially fundraise for
other pressing causes
18
Talent Show (Nicole)
•Can’t host dances safely, but
we plan on continue engaging
with individuals with
disabilities!
•Hosting a virtual talent show
or show-and-tell for the
special-needs community to
participate in during the fall,
hopefully continue in the
spring depending on success
19
Youtube Channel Series (Nivi)
●A way for the Saratoga community learn
about local, national and global current
events and issues.
●Hosted in an interview/discussion format
with guests and interviewees
●Platforms -Youtube
●All episodes recorded remotely
20
Walk One Week (Nicita)
●Promoting exercise and sustainable
transportation.
●4 schools (Foothill, Saratoga, Argonaut,
Marshall Lane)
●Recorded via stamps
●Water bottles given to all participants
●Raffle Prizes
Backup Plan (if distance learning is in place)
●Walking challenge
●Invite other schools
21
Color Dash (Nicita)
●5th Annual; April 5th
●(cancelled)
●Inclusive 5k fun run w/ color and
customized t-shirts
●All ages
●Congress Springs
●Pet-friendly
●Backup plan
●virtual race
22
SED Talks (Carolyn)
●Target: High & Middle
Schoolers
●Remote Zoom format
●Collab with TAB
●Multiple small sessions
●Content
○College panelists
○Isolation & Mental
Health
○Screen time & Time
Management
23
Cards and Care Packages (Alex)
●Card making for senior centers, healthcare
workers,and hospitals.
●Digital creations, artistic cards, written
letters.
●Engaging the community and lifting spirits.
24
Thank you!
25
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Appointment of Commissioners
RECOMMENDED ACTION:
Approve the resolution appointing 1 (one)member to the Library & Community Engagement
Commission and 1 (one) member to the Parks & Recreation Commission and direct the City Clerk
to administer the Oath of Office.
BACKGROUND:
In June 2020, the City opened a recruitment for one full term on the Library & Community
Engagement Commission for a term ending on September 30, 2024, as well as one full term
ending September 30, 2024 and one partial term ending September 30, 2022 on the Parks &
Recreation Commission.Applications were accepted until August 18, 2020. A total of 8 (eight)
applications were received for Library & Community Engagement and 1 (one) for Parks &
Recreation. Interviews were conducted on September 2, 2020.
The City Council selected the following applicants to serve on the Commissions:
Name Commission Term
Eric Lewis
Library & Community
Engagement Commission October 1, 2020 –September 30, 2024
Michelle Wang
Parks & Recreation
Commission October 1, 2020 –September 30, 2024
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oaths of Office
26
RESOLUTION NO. 20-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBERS TO THE SARATOGA LIBRARY & COMMUNITY
ENGAGEMENT COMMISSION AND PARKS & RECREATION COMMISSION
WHEREAS, one vacancy was created on the Library & Community Engagement Commission
from the expired term of Eric Lewis;
WHEREAS, one vacancy was created on the Parks & Recreation Commission by the expired term
of Terry Ward and a vacancy for a term ending September 30, 2022 was created on the Parks &Recreation
Commission due to the resignation of Sandy Muju;
WHEREAS, the City announced the vacancies in June 2020, accepted applications until August
18, 2020, and the City Council conducted interviews on September 2, 2020.
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following
individuals are appointed to the following terms:
Name Commission Term
Eric Lewis
Library & Community
Engagement Commission October 1, 2020 – September 30, 2024
Michelle Wang
Parks & Recreation
Commission October 1, 2020 – September 30, 2024
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16
th day of September 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
Attest:
Debbie Bretschneider, CMC, City Clerk DATE:
27
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Eric Lewis, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Eric Lewis, Member
Library & Community Engagement
Commission
Subscribed and sworn to before me on
this 16th day of September 2020.
Debbie Bretschneider, CMC
City Clerk of Saratoga
28
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Michelle Wang, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Michelle Wang, Member
Parks & Recreation Commission
Subscribed and sworn to before me on
this 16th day of September 2020.
Debbie Bretschneider, CMC
City Clerk of Saratoga
29
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Commendation for Terence (Terry) Ward
RECOMMENDED ACTION:
Commend Terry Ward for his service on the Saratoga Parks & Recreation Commission.
BACKGROUND:
Terry Ward served a partial term, plus two full terms on the Saratoga Parks & Recreation
Commission from 2011-2020. Terry was Chair of the Parks & Recreation Commission
Commission in 2013 and 2020 and worked with the Parks & Recreation Commission on these
initiatives:Healthy City, Age-Friendly Communities, Movie Nights, Nesting Boxes, Daffodil Bulb
Planting Project, Joe’s Trail, Let’s Walk Saratoga, and Let’s Work Volunteer program
ATTACHMENTS:
Attachment A -Commendation for Terence Ward
30
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
TERENCE WARD
WHEREAS, Terence (Terry) Ward was appointed to the City of Saratoga Parks & Recreation
Commission for a partial term in 2011 and for two full terms starting October 1, 2012 and October 1,
2016; and
WHEREAS,during Terry’s term as a Parks & Recreation Commissioner, he and the other Parks
& Recreation Commissioners helped bring residents to City parks and trails and build awareness of the
City’s recreational assets through Healthy City, Age-Friendly Communities, Movie Nights, Nesting
Boxes, Daffodil Bulb Planting Project, Joe’s Trail, Let’s Walk Saratoga, and Let’s Work Volunteer
program; and
WHEREAS, Movie Nights started in 2011 with one outdoor movie and Terry was the Co-lead in
2012-2013 to expand to showing three free outdoor movies every summer for the Saratoga community to
enjoy and all the Commissioners were instrumental in reaching out to the community and receiving
community donations; and
WHEREAS, Terry and the Parks & Recreation Commission also worked with Saratoga’s Public
Works Department on creating the Quarry Park Master Plan with a Grand Opening event on October 31,
2013; and
WHEREAS,in 2019 the Parks & Recreation Commission was given the opportunity to suggest a
name for a new park and the City Council approved naming the park “Friendship Park” with the ribbon
cutting on November 19, 2019; and
WHEREAS, Terry served as the Chair of the Parks & Recreation Commission in 2013 and in
2020; and
WHEREAS,it is apparent to all who have worked with Terry that he is a dedicated and
hardworking member of the community and his service and contributions are greatly appreciated
by the City Council, Parks & Recreation Commission, and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
recognize Terence Ward for his many years of service and dedication to the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 16th day of September
2020.
Howard A. Miller, Mayor
City of Saratoga
31
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Commendation for 100th Anniversary of Scouting in Saratoga
RECOMMENDED ACTION:
Commend the Saratoga Scout BSA Troops during the 100th anniversary of Scouts in Saratoga.
BACKGROUND:
Since 1920 with the start of Boy Scout Troop 1 in Saratoga, there have been Boy Scout Troops
in Saratoga. Currently there are 4 all boy Scout Troops and 2 all girl Scout Troops in Saratoga.
ATTACHMENTS:
Attachment A –Commendation for 100th Anniversary of Scouting in Saratoga
32
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
100TH ANNIVERSARY OF SCOUTING IN SARATOGA
WHEREAS,since 1920 with the start of Boy Scout Troop 1 in Saratoga, there have been Boy
Scout Troops in Saratoga and the South Bay region; and
WHEREAS,Saratoga is part of the Polaris District, Silicon Valley Monterey Bay Council, Boy
Scouts of America, and includes Cub Scouts, Scouts BSA, STEM Scouts, Venturing, and Sea Scouts; and
WHEREAS, the Silicon Valley Monterey Bay Council includes Santa Clara, Santa Cruz,
Monterey, and San Benito Counties and since 1920 more than an estimated one million boys and girls
have earned merit badges as scouts and in 2019 and 439 achieved the rank of Eagle Scouts, the highest
honor in Scouting; and
WHEREAS, the Scouting experience incorporates service, community engagement, and
leadership development with Scouts learning through leadership positions within the troop; and
WHEREAS, Saratoga currently has four Scouts BSA boy Troops for ages 11-17, Troop 508, 535,
566, 581 and since 2019 there are two Scout BSA girl Troops, Troop 582 and 2566; and
WHEREAS,the Polaris District Chair, David Holt, is also the Scoutmaster for Troop 582, which
is the largest girl troop in the Silicon Valley Monterey Bay Council with 46 members and expects to have
two Eagle Scouts in 2020; and
WHEREAS, Scout BSA girl Troop 2566 is led by Scoutmaster Nancy Mautino, who is the mom
of an Eagle scout and has another son in Scouting; and
WHEREAS,the City of Saratoga is proud to have had the first Boy Scout Troop in the
South Bay region and is encouraged by the growth of scouting in Saratoga.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
recognize the 100th year of Scouts in Saratoga and the community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 16th day of September
2020.
Howard A. Miller, Mayor
City of Saratoga
33
SARATOGA CITY COUNCIL
MEETING DATE:September 16,2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on September 2, 2020.
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 Regular City Council Meeting on September 2, 2020
34
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 1 of 9
MINUTES
WEDNESDAY, SEPTEMBER 2, 2020
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:40 p.m., Commission interviews were held for the Parks & Recreation Commission and
Library & Community Engagement Commission vacancies via teleconferencing through Zoom.
At 6:00 p.m., the City Council held a Joint Meeting with Montalvo Arts via teleconferencing
through Zoom.
Mayor Miller called the virtual Regular Session to order at 7:03 p.m. via teleconferencing
through Zoom.
Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted
pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to
facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily
the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended
those rules. The Executive Order does require that public agencies continue to notice meetings in
advance and provide members of the public an opportunity to observe the meeting and offer public
comment. The City Council met all of the applicable notice requirements and the public is welcome to
participate in this meeting. Information on how the public can observe the meeting and provide public
comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call.
ROLL CALL
PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald,
Council Members Yan Zhao, Rishi Kumar
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Debbie Bretschneider, City Clerk
Mary Fury, Administrative Services Director
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
(All staff members appearing via teleconference)
City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting
proceedings and no doubts were expressed regarding the identities of the individuals representing
themselves as City Council Members.
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on August 28, 2020.
35
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 2 of 9
REPORT ON CLOSED SESSION
Mayor Miller announced that there was nothing to report on Closed Session from the last
Council meeting and that tonight the Closed Session meeting will continue after the Regular
Meeting.
REPORT FROM JOINT MEETING
Angela McConnell, Director of Montalvo Arts, reported on the discussion of the Joint Meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Mayor Miller shared information about COVID-19 testing and Election Signage.
CEREMONIAL ITEMS
Appointment of Commissioner
Recommended Action:
Approve the resolution appointing 1 member to the Planning Commission and direct the
City Clerk to administer the Oath of Office.
RESOLUTION 20-060
KUMAR/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING ONE
MEMBER TO THE PLANNING COMMISSION AND DIRECT THE CITY CLERK
TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on August 19,
2020 and Special City Council Meeting on August 26, 2020.
BERNALD/ZHAO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON AUGUST 19, 2020 AND
SPECIAL CITY COUNCIL MEETING ON AUGUST 26, 2020.MOTION PASSED
BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
8/19/2020 Period 2; 8/26/2020 Period 2.
36
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 3 of 9
BERNALD/ZHAO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 8/19/2020 PERIOD 2;
8/26/2020 PERIOD 2. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended July 31, 2020
Recommended Action:
Review and accept the Treasurer’s Report for the month ended July 31, 2020.
BERNALD/ZHAO MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE
MONTH ENDED JULY 31, 2020. MOTION PASSED BY VERBAL ROLL CALL.
AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.4. Funding Agreement for Countywide Isolation and Quarantine Support Program
Recommended Action:
Authorize the City Manager to execute a funding agreement with the County of Santa Clara
for the Countywide Isolation and Quarantine Support Program for an amount not to exceed
$31,867 using CARES Act funds.
BERNALD/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A FUNDING AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE
COUNTYWIDE ISOLATION AND QUARANTINE SUPPORT PROGRAM FOR AN
AMOUNT NOT TO EXCEED $31,867 USING CARES ACT FUNDS.MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Vice Mayor Bernald spoke in support of this item.
1.5. One Year Extension of Tree Maintenance Service Contract – Oscar’s Expert Tree Care
Services
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with
Oscar’s Expert Tree Care Services for one year in the amount not to exceed $150,500 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH OSCAR’S
EXPERT TREE CARE SERVICES FOR ONE YEAR IN THE AMOUNT NOT TO
EXCEED $150,500 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD,
ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.6. One Year Extension of Tree Maintenance Service Contract – Trees 360 Degrees
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with Trees
360 Degrees for one year in the amount not to exceed $100,500 and authorize the City
Manager to execute the same.
37
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 4 of 9
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH TREES 360
DEGREES FOR ONE YEAR IN THE AMOUNT NOT TO EXCEED $100,500 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.7. One Year Extension of Tree Maintenance Service Contract – Ian Geddes Tree Care, Inc.
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with Ian
Geddes Tree Care, Inc. for one year in the amount not to exceed $110,500 and authorize the
City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH IAN
GEDDES TREE CARE, INC. FOR ONE YEAR IN THE AMOUNT NOT TO
EXCEED $110,500 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD,
ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. One Year Extension of Park Restroom Maintenance Service Contract – North Bay
Building Maintenance
Recommended Action:
Approve Contract Amendment to extend the Park Restroom Maintenance Service Contract
with North Bay Building Maintenance (NBBM) for one year in the amount not to exceed
$40,456 and authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE PARK RESTROOM MAINTENANCE SERVICE CONTRACT
WITH NORTH BAY BUILDING MAINTENANCE (NBBM) FOR ONE YEAR IN
THE AMOUNT NOT TO EXCEED $40,456 AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SAME.MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.9. One Year Extension of Landscape Maintenance Service Contract – Vista Landscape
Maintenance
Recommended Action:
Approve Contract Amendment to extend the Landscape Maintenance Service Contract with
Vista Landscape Maintenance for one year in the amount not to exceed $155,676 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH
VISTA LANDSCAPE MAINTENANCE FOR ONE YEAR IN THE AMOUNT NOT
TO EXCEED $155,676 AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE SAME.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
38
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 5 of 9
1.10. One Year Extension of Landscape Maintenance Service Contract – Gachina
Landscape Management
Recommended Action:
Approve Contract Amendment to extend the Landscape Maintenance Service Contract with
Gachina Landscape Management for one year in the amount not to exceed $95,448 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH
GACHINA LANDSCAPE MANAGEMENT FOR ONE YEAR IN THE AMOUNT
NOT TO EXCEED $95,448 AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES:
MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.11. Conduit Financing for St. Andrew’s Parish Project
Recommended Action:
Adopt the resolution approving the execution and delivery of a loan by the California
Municipal Finance Authority (CFMA) for the purpose of refinancing a line of credit and
financing or refinancing the acquisition, construction and improvement of certain
educational facilities for Saint Andrew’s Parish.
RESOLUTION 20-061
BERNALD/ZHAO MOVED TO ADOPT THE RESOLUTION APPROVING THE
EXECUTION AND DELIVERY OF A LOAN BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY (CFMA) FOR THE PURPOSE OF REFINANCING A
LINE OF CREDIT AND FINANCING OR REFINANCING THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL
FACILITIES FOR SAINT ANDREW’S PARISH. MOTION PASSED BY VERBAL
ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.12. Amended Santa Clara County FireSafe Council Agreement
Recommended Action:
Authorize the City Manager to execute the amended agreement with the Santa Clara County
FireSafe Council for a dead tree removal rebate program and fuel reduction efforts.
Mayor Miller removed this item from Consent to speak about the FireSafe Council.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Chuck Page spoke
Dede Smullen spoke
No one else requested to speak.
39
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 6 of 9
ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED AGREEMENT WITH THE SANTA CLARA COUNTY FIRESAFE
COUNCIL FOR A DEAD TREE REMOVAL REBATE PROGRAM AND FUEL
REDUCTION EFFORTS.MOTION PASSED BY VERBAL ROLL CALL. AYES:
MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.13. Amended Lease Agreement with Los Gatos-Saratoga Community Education and
Recreation
Recommended Action:
Authorize the City Manager to execute an amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation (LGS Recreation) to include the portable
building used by the Saratoga Community Preschool Building in the existing lease
agreement.
BERNALD/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
AN AMENDED LEASE AGREEMENT WITH LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION (LGS RECREATION) TO
INCLUDE THE PORTABLE BUILDING USED BY THE SARATOGA
COMMUNITY PRESCHOOL BUILDING IN THE EXISTING LEASE
AGREEMENT.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
2.1. Ordinance Banning the Sale of Electronic Smoking Products
Recommended Action:
Conduct a public hearing on the attached ordinance that would prohibit the sale of electronic
smoking products in the City of Saratoga through amendments to Article 4.90 of the City
Code; introduce and waive the first reading of the ordinance; and, direct staff to place the
ordinance on the Consent Calendar for adoption at the next regularly scheduled City
Council Meeting.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Miller opened the public hearing.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Jaime Rojas Jr. spoke
Chuck Page spoke
No one else requested to speak.
Mayor Miller closed the public hearing for this item.
40
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 7 of 9
BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING
OF THE ORDINANCE THAT WOULD PROHIBIT THE SALE OF ELECTRONIC
SMOKING PRODUCTS IN THE CITY OF SARATOGA THROUGH
AMENDMENTS TO ARTICLE 4.90 OF THE CITY CODE; AND, DIRECT STAFF
TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION
AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING.
MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.GENERAL BUSINESS
3.1. Hakone Foundation Lease Update
Recommended Action:
Authorize the City Manager to execute a new 55-year lease agreement with the Hakone
Foundation for the operation and maintenance of Hakone Estate and Gardens.
James Lindsay, City Manager, presented the staff report.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Ann Waltonsmith spoke
Shozo Kagoshima spoke
No one else requested to speak.
ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A NEW 55-YEAR LEASE AGREEMENT WITH THE HAKONE FOUNDATION
FOR THE OPERATION AND MAINTENANCE OF HAKONE ESTATE AND
GARDENS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Council Finance Committee – the Vice Mayor reported from the meeting.
Silicon Valley Clean Energy Authority Board of Directors – the Board submitted a bi-annual
Integrated Resource plan to California Public Utilities Commission.
VTA State Route 85 Corridor Policy Advisory Board – the Policy Advisory Board created a
report to VTA recommending a public transit lane to support high speed public transit and
corporate shuttles. However, the VTA staff reported to the VTA Board recommending a
Corporate shuttle Express Lane and not the Policy Board recommendation. Mayor Miller is
asking residents to contact VTA to share their opinions.
West Valley Mayors & Managers – the group discussed two cities that are using ClearGov
(transparent City finances) and requested a future presentation from ClearGov.
41
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 8 of 9
Vice Mayor Mary-Lynne Bernald
Council Finance Committee – the Committee discussed the CARES ACT funding and CalPERS
Assessed Valuation report.
Hakone Foundation Board & Executive Committee – Council Member Zhao reported on the
meeting.
Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable is working on their
next steps.
Saratoga Historical Foundation – the Board is reviewing future goals.
Council Member Yan Zhao
Hakone Foundation Board –the Board approved the new lease agreement that was before the
Council this evening.
Saratoga Area Senior Coordinating Council (SASCC)– SASCC approved Manny Cappello as
new Board Member. SASCC is planning several events including having a virtual lunch with the
Mayor on September 9 and having a drive-through Resource Fair on September 22.
West Valley Sanitation District – the District had a meeting, but nothing to report.
Council Member Rishi Kumar
Nothing to report.
CITY COUNCIL ITEMS
Mayor Miller, with support from Vice Mayor Bernald, asked staff to bring to the next Council
meeting a letter to the VTA to more accurately reflect the Advisory Board proposal.
Vice Mayor Bernald, with support from Mayor Miller, asked staff to bring back a report to
Council on possibly expanding the Public Art Committee to include members or the public or
forming a Public Art Commission.
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CLOSED SESSION
The Mayor announced that the City Council will close the Regular Meeting of the City Council
and move into a Closed Session.
Mayor Miller invited public comment on the Closed Session items.
No one requested to speak.
The Mayor announced a recess at 7:58 p.m.
The City Council reconvened at 8:05 p.m.
42
Saratoga City Council Minutes ~ September 2, 2020 ~ Page 9 of 9
ADJOURNMENT
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 8:15 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR..
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga
43
Evangeline Bundang, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are listed separately as well as
any checks that were voided 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 #
9/2/2020 141701 141742 42 196,269.83 9/2/2020 8/26/2020 141700
9/10/2020 141743 141802 60 357,610.89 9/10/2020 9/2/2020 141742
Accounts Payable checks issued for $20,000 or greater:
Date Check # Dept. Amount
9/2/2020 141721 Matt Abelson General CDD Deposit Refund 29,462.92
9/2/2020 141723 Mohsen Salek General CDD Deposit Refund 23,425.02
9/2/2020 141729 Precision Concrete Cutting CIP Streets Project PW Trip Hazard Inspections 25,104.94
9/2/2020 141731 San Jose Water General PW Water Services 31,593.58
9/10/2020 141750 Chevrolet of Watsonville Vehicle/Equip Replacement PW Corp Yard Vehicle 30,453.85
9/10/2020 141754 Discount Directionals General PW Village Parklets Project 68,552.83
9/10/2020 141765 Mountain Bikers of Santa Cruz CIP Parks/Grant Project PW Saratoga-Sanborn Trail 100,170.90
9/10/2020 141788 SYL Constructions Inc. CIP Streets Project PW Mcfarland Ave Curb 67,621.24
Accounts Payable checks voided during this time period:
AP Date Check # Amount
2/12/2020 140469 AZ Chemicals Inc Lost/destroyed check 401.97
7/29/2020 141494 CA Dept. of Tax & Fee Administration Payment not collectible 186.00
8/26/2020 141695 688.73
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:Finance & Administrative Services
9/2/2020 Period 3; 9/10/2020 Period 3.
PREPARED BY:
Ending Check
#
Starting
Check #Type of Checks Date
Prior Check Register
Checks ReleasedTotal Checks Amount
Re-issued
Voided
The Home Depot Pro Paid by CalCard Voided
Fund Purpose
StatusReason Issued to
Issued to
44
45
46
47
48
49
50
51
52
53
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Ordinance Banning the Sale of Electronic Smoking Products
RECOMMENDED ACTION:
Waive the second reading and adopt the attached ordinance that would prohibit the sale of
electronic smoking products in the City of Saratoga through amendments to Article 4.90 of the
City Code effective January 1, 2021.
BACKGROUND:
On September 2, 2020, the City Council introduced and waived the first reading of the attached
ordinance. If adopted, the attached ordinance would prohibit the sale of all electronic smoking
products, including devices,components, and associated liquids or substances that are vaporized
by these devices. The prohibition would become effective January 1, 2021. Violations would be
treated as existing violations of the ordinance and could result in fines as well as suspension or
revocation of a Tobacco Retailer License as described in City Code Section 4-90.070.
ATTACHMENTS:
Attachment A –Ordinance Banning the Sale of Electronic Smoking Products
54
Page 1 of 8
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 4
OF THE SARATOGA CITY CODE, TOBACCO RETAILER LICENSE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
Findings
1.The City of Saratoga wishes to amend the provisions of the City Code concerning
Tobacco Retailer License regulations to prohibit the sale of electronic smoking
products to discourage underage tobacco use.
2.The Journal of American Medical Association reported in a November 5, 2019
article titled “e-Cigarette Use Among Youth in the United States, 2019”that since
2014 electronic smoking devices have been the most commonly used tobacco
product among young people and approximately 4 million high school students in
the United States identified as current electronic smoking product users, meaning
that they had used an electronic smoking device within the past 30 days.
3.The 2018 National Youth Tobacco Survey showed notable increases in youth use
of electronic smoking devices. There was a rise of more than 75% in the number of
high school-age children that reported using e-cigarettes in the last 30 days when
compared to 2018. The use of e-cigarettes among students in middle school
increased by almost 50%.
4. The County of Santa Clara Public Health Department reported in August 2019 that
roughly 1 in 3 Santa Clara County teens stated that they have tried electronic
smoking products and more than 13% of teens are current electronic smoking
product users, meaning that they had used an electronic smoking device within the
past 30 days. Furthermore, more than 2 in 5 teens reported that they were able to
purchase their own electronic smoking devices.
5. Nicotine exposure in adolescence can negatively impact learning, memory, and
attention. It can also increase anxiety, mood swings, and irritability. For the
purposes of this ordinance, nicotine does not include any food products as that term
is defined pursuant to Section 6359 of the California Revenue and Taxation Code.
6.The City Council of the City of Saratoga held a duly noticed public hearing on
September 2, 2020, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof.
55
Page 2 of 8
Therefore, the City Council hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is amended as set forth in Attachment 1. Text to be added is
indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted
is indicated in strikeout font (e.g., 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 the amendments to the existing
City Code 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 noticed public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 2nd day of September
2020, and was adopted by the following vote on September 16, 2020.
56
Page 3 of 8
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Debbie Bretschneider, CMC
CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
57
Page 4 of 8
ATTACHMENT 1 – AMENDMENTS TO ARTICLE 4-20 OF THE CITY CODE
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;
prohibit sales of electronic smoking products,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 product 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, vaporizer 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.any of the following products:
(1) Any device or delivery system that can be used to deliver nicotine or other
chemicals in aerosolized or vaporized form, including but not limited to an e-
cigarette, e-cigar, e-pipe, e-hookah, vape pen, electronic vape, vaporizer, or any
other product name or description.
(2) Any component, part, or accessory of such a device or delivery system that is
used during its operation.
(3) Any flavored or unflavored liquid or substance containing nicotine or other
chemicals, whether sold separately or sold in combination with any device or
delivery system that could be used to delivery nicotine or other chemicals in
aerosolized or vaporized form.
(4) Any product for use in an electronic smoking device or delivery system whether
or not it contains nicotine or tobacco or is derived from nicotine or tobacco.
(5) Electronic smoking products shall not include:
(i) any battery, battery charger, carrying case, or other accessory not used in
the operation of the device if sold separately; or
(ii) any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other therapeutic
purposes where that product is marketed and sold solely for such approved use.
b)Flavored tobacco product means any tobacco product that imparts a taste or aroma,
other than the taste or aroma of tobacco or menthol, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the tobacco product,
including, but not limited to, tastes or aromas relating to mint, wintergreen, fruit,
58
Page 5 of 8
chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice;
provided, however, that a tobacco product shall not be determined to be flavored tobacco
solely because of the use of additives or flavorings or the provision of ingredient
information.
(c)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. Until January 1, 2021 paraphernalia includes electronic smoking
products.
(d)Person means any natural person, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(e)Retailer means any person who sells, exchanges, or offers to sell or exchange, for any
form of consideration, tobacco products or , 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 or , paraphernalia, or electronic smoking devices sold,
exchanged, or offered for sale or exchange.
(f)Self-service display means the open display or storage of tobacco products or ,
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.
(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
any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other therapeutic
purposes where that product is marketed and sold solely for such approved use.
(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 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. No tobacco retailers established after September 16, 2016, shall be
granted a tobacco retailer license for a location which is: within five hundred feet of a site
occupied by another tobacco retailer; within one thousand feet of a site occupied by a
59
Page 6 of 8
public or private elementary, middle, or high school; or within one thousand feet of a site
occupied by a City park. All distances shall be measured in a straight line from the point
on the parcel boundary of the proposed tobacco retailer location nearest to the subject use
(i.e. existing tobacco retailer, school, or park) to the nearest point on the parcel boundary
of the subject use. Notwithstanding the foregoing, a tobacco retailer license may be
issued for use of a location for which a tobacco retailer license was in effect prior to
September 16, 2016 and may be renewed thereafter unless it expires due to non-renewal
or is revoked in accordance with section 4-90.070 of this Code.
(c)Pharmacies.No retailer permit may be issued to authorize retailing activities at any
location where the profession of pharmacy is practiced by a pharmacist licensed by the
State of California in accordance with the Business and Professions Code and where
prescription drugs are offered for sale regardless of whether other retail goods in addition
to prescription pharmaceuticals are offered for sale.
(d)Display of license.Each tobacco retailer license shall be prominently displayed in a
publicly visible place at the licensed location.
(e)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.
(f)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 or ,
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 or , paraphernalia, or electronic
smoking devices can be obtained at that location.
(g)Minimum age for purchase.No retailer shall sell, give, or otherwise transfer tobacco
product or , paraphernalia, or electronic smoking devices to a person under the minimum
age for purchase as set by State law.
(h)Positive identification required.No retailer shall sell, give, or otherwise transfer
tobacco product or , paraphernalia, or electronic smoking devices to another person who
appears to be under thirty years of age without first examining the customer's
identification to confirm that the customer is at least the minimum age for purchase as set
by State law.
(i)Minimum age for engaging in tobacco sales.No retailer may allow a person under the
minimum age for purchase as set by State law of tobacco products to sell, give, or
otherwise transfer to customers tobacco product or , paraphernalia, or electronic smoking
devices.
(j)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.
60
Page 7 of 8
(k)Vending machines prohibited.No tobacco product or , paraphernalia, or electronic
smoking device shall be sold, offered for sale, or distributed to the public from a vending
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.
(l)Self-service displays prohibited.No tobacco product or , paraphernalia, or electronic
smoking device shall be sold, offered for sale, or distributed to the public from a self-
service display.
(m)Flavored tobacco products prohibited.No flavored tobacco product shall be sold,
offered for sale, or possessed with intent to sell or offer for sale.
(n)Electronic smoking products prohibited. Beginning January 1, 2021 no electronic
smoking products shall be sold, offered for sale, or possessed with intent to sell or
offer for sale.
(no)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.
4-90.070 - 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 product device purchases 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, flavored tobacco product, or electronic smoking product is
offered for sale in violation of this Article constitutes a separate violation.
(f) 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 twenty-four months.For up to sixty calendar days from the
date of the administrative citation issuance, no tobacco retailer license shall be issued
and any existing license shall be suspended.
(2)Second or subsequent citations within twenty-four months.For up to twenty-four
months from the date of the administrative citation issuance, no tobacco retailer
license shall be issued and any existing license shall be revoked.
61
Page 8 of 8
(g) 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 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
(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.
1278185.2
62
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:Public Works
PREPARED BY:Mainini Cabute, Environmental Programs Manager
SUBJECT:Funding Agreement Santa Clara Valley Transportation Authority (VTA) for the
2016 Measure B Bicycle & Pedestrian Education and Encouragement Program
RECOMMENDED ACTION:
1.Authorize the City Manager to execute a Funding Agreement Santa Clara Valley
Transportation Authority (VTA)for the 2016 Measure B Bicycle &Pedestrian Education
and Encouragement Program.
2.Approve the Budget Resolution amending FY20/21 Budget to increase the revenues and
expenditures in the amount of $96,000.
BACKGROUND:
In November 2016, Santa Clara County voters passed Valley Transportation Authority’s (VTA’s)
2016 Measure B Sales Tax. A portion of the Measure B sales tax revenue has been allocated to the
Bicycle & Pedestrian Education and Encouragement Program to promote, educate, and encourage
safe walking or bicycling for all community members. Through the program, cities receive a
funding allocation based on their share of the County population.
For the City of Saratoga, VTA has allocated $24,000 for each fiscal year between FY2017/18-
FY2020/21, for a total of $96,000 as its share of the Measure B Bicycle & Pedestrian Education
and Encouragement Program. In order to receive the funding, the City must enter into a Funding
Agreement with VTA (Attachment A).
The term of the Agreement commences on July 1, 2020 and ends on June 30, 2021 with options
for VTA to extend the Agreement through June 30, 2025. The disbursement of the funding would
be on a reimbursement basis.The City’s Public Works Department will be responsible for the
management of the grant.
VTA 2016 Measure B Bicycle and Pedestrian Education & Encouragement Program is a program
that reimburses cities for the incurred costs for education and encouragement of bicycle and
pedestrian activities and projects. The City plans to use the funds toward the following activities
and projects, which VTA allows through the Funding Agreement provisions:
63
Organization and implementation of K-12 Safe Routes to Schools outreach programs and
activities
Development and distribution maps and brochures that promote places to walk or bike
Development of plans to improve traffic circulation around schools
Creation and distribution of marketing materials
Coordination of community events
Development of surveys and website outreach tools
ATTACHMENTS:
Attachment A – Funding Agreement
Attachment B – Budget Resolution
64
Rev 01/2020 Page 1 of 10
FUNDING AGREEMENT
BETWEEN
THE CITY OF SARATOGA
AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION AND ENCOURAGEMENT PROGRAM
THIS AGREEMENT (“AGREEMENT”) is between the CITY OF SARATOGA referred to herein as “RECIPIENT”,
and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to herein as “VTA”. Hereinafter,
RECIPIENT and VTA may be individually referred to as “PARTY” or collectively referred to as “PARTIES”.
I.RECITALS
1. Whereas,on June 24, 2016,the VTA Board of Directors adopted a resolution to place a ballot measure
before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent
retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related
program categories; and
2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30
years to pay for the nine transportation-related program categories; and
3. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program
(“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and
4. Whereas, the PROGRAM includes a Bicycle & Pedestrian program category (“BIKE/PED CATEGORY”)
to fund bicycle and pedestrian projects and educational programs; and
5. Whereas, the BIKE/PED CATEGORY consists of three sub-categories, including the education &
encouragement program (“BIKE/PED E&E PROGRAM”);
6. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection,
beginning April 1, 2017, and continuing through March 31, 2047; and
7. Whereas, VTA and RECIPIENT desire to specify herein the terms and conditions under which the
BIKE/PED E&E PROGRAM funds will be administered to RECIPIENT by VTA as directed by the VTA
Board of Directors.
NOW, THEREFORE, the PARTIES agree as follows:
65
Rev 01/2020 Page 2 of 10
II.AGREEMENT
1. BIKE/PED E&E PROGRAM CATEGORY
The BIKE/PED E&E PROGRAMcovers activities andthe development and distribution of materials that
are designed and intended to satisfy the following goals within the RECIPIENT’S jurisdiction: (i)
promote, educate, and/or encourage safe walking or bicycling for residents or visitors of every age
and ability; (ii) communicate to residents and visitors the benefits of walking and bicycling; and (iii)
communicate to school children, residents, and visitors the rights and responsibilities of pedestrians,
bicyclists, and motorists.
2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on July 1, 2019, and continue until (i) June 30, 2021, or
(ii) until all BIKE/PED E&E PROGRAM funds allocated to RECIPIENT through June 30, 2021, under this
AGREEMENT have been expended entirely, whichever occurs later.
At VTA’s sole option, VTA may extend the term of this AGREEMENT for two 2-year periods as follows:
Option Period 1: July 1, 2021, through June 30, 2023, or until all BIKE/PED E&E PROGRAM funds
allocated to RECIPIENT through June 30, 2023, under this AGREEMENT have been expended
entirely, whichever occurs later.
Option Period 2: July 1, 2023, through June 30, 2025, or until all BIKE/PED E&E PROGRAM funds
allocated to RECIPIENT through June 30, 2025, under this AGREEMENT have been expended
entirely, whichever occurs later.
VTA may exercise these options by providing written notice to RECIPIENT at least 30 days prior to the
expiration of the then-current term.
3. ELIGIBLE USE OF FUNDS
RECIPIENT must use RECIPIENT’s allocated BIKE/PED E&E PROGRAM funds for only the following
activities/projects (each, an “E&E PROJECT”); provided, however, that RECIPIENT must obtain VTA’s
prior written approval for such E&E PROJECT (VTA approval must be given by the person identified
below in Section 8(d), or his/her designee):
a. Organization and implementation of K-12 Safe Routes to Schools programs and activities.
b. Organization and implementation ofVision Zero programs. “Vision Zero”is definedby the
Vision ZeroNetworkCampaignas the“Strategy to eliminate all traffic fatalities and severe
injuries, while increasing safe, healthy, equitable mobility for all”, which definition is
adopted herein for purposes of this AGREEMENT.
c. Organization and implementation of open streets events. “Open streets events” are
definedby the Open Streets Project (an advocacy project and collaboration between 8 80
Cities and Street Plans) as “Programs that temporarily open streets to people by closing
them to cars”, which definition is adopted herein for purposes of this AGREEMENT.
66
Rev 01/2020 Page 3 of 10
d. Creation and implementation of marketing to encourage mode shift towards active
transportation.
e. Development and distribution of maps that promote places to walk or bike.
f.Education of walking and bicycling skills to adults and children.
g. Working with law enforcement officials to ensure common understanding and consistent
application among law enforcement officials of traffic laws related to biking and walking.
h. Organization and implementation of broad or targeted safety campaigns to promote safe
driving, walking, and bicycling behavior.*
i.Creation and distribution of marketing materials to encourage safe walking, biking, and
driving.*
j.Purchase and distribution of bicycle helmets, lights, reflective vests, or other
bicycle/pedestrian safety equipment to be used in education/encouragement activities.
k. Purchase and distribution of incentives for education/encouragement activities.
l.Organization and implementation of crosswalk stings or other activities that educate
roadway users on traffic laws. Crosswalk stings are activities conducted by law
enforcement to educate the public about crosswalk right of way laws that may or may
not include citations.
m. Organization and implementation of special community events focused on achieving the
BIKE/PED E&E PROGRAM goals described in Section 1. BIKE/PED E&E PROGRAM
CATEGORY, such as community rides or walks.
n. Energizer stations and other Bike to Work Day activities.
o. Implementation of valet bicycle parking.
p. Community-based bicycle/pedestrian surveys of facilities and surrounding areasto learn,
observe, and identify bicycle and pedestrian hot spots.
q. Any other program or activity approved by VTA in writing.
*Any safety campaign or public service announcement targeted to motorists must focus on safe,
responsible, and respectful motorist interactions with pedestrians and bicyclists.
RECIPIENT is permitted to use the BIKE/PED E&E PROGRAMfunds allocated hereunder for direct costs
and staff time costs incurred by RECIPIENT to support E&E PROJECTS. RECIPIENT is permitted to use
the BIKE/PED E&E PROGRAM funds allocated hereunder for the costs incurred for evaluation of the
E&E PROJECTS (as required under Section 4. EVALUATION REQUIREMENTS).
Notwithstandinganyother provision of this AGREEMENT, RECIPIENT is not permitted to use BIKE/PED
E&E PROGRAM funds allocated hereunder for capital improvements.
E&E PROJECTS may be targeted and limited to specific demographics (e.g. school children, seniors,
people with disabilities, etc.), to the extent not prohibited by applicable law.
Only BIKE/PED E&E PROGRAM costs incurred by RECIPIENT on or after July 1, 2017, will beeligible for
reimbursement.
4. EVALUATION REQUIREMENTS
RECIPIENT must identify (i) the project reach and scale of each E&E PROJECT and (ii) one or more
metric(s)that will be measured to evaluate whetherthegoal is achieved. The frequency and schedule
of each E&E PROJECT evaluation must also be identified by RECIPIENT and approved by VTA.
67
Rev 01/2020 Page 4 of 10
Examples of acceptable metrics are set forth in Attachment A.
5. MAXIMUM FUNDING ALLOCATIONS
a. RECIPIENT’s maximum funding allocation for each fiscal year, starting July 1, 2017, will be based
upon the VTA Board of Directors Adopted Biennial Budget for the BIKE/PED E&E PROGRAM and
the annual fund distribution formula described below.
b. The BIKE/PED E&E PROGRAMannual fund distribution formulais calculated every two fiscal years
(in line with VTA’s budget cycle; a fiscal year begins July 1 and ends June 30) and is based on the
following:
i.First, at the same time that VTA plans and finalizes its budget for the two upcoming
fiscal years, the VTA Board of Directors determines the allocation of 2016 MEASURE B
funds for the two upcoming fiscal years.
ii.Second, the VTA Board of Directors determines the amount of 2016 MEASURE B funds
to be allocated amongst the PROGRAM categories and subcategories, including the
BIKE/PED E&E PROGRAM category.
iii.Third, each city’s percentage share (“CITY PERCENTAGE SHARE”) and the County of
Santa Clara’s percentage share (“SCC PERCENTAGE SHARE”) of the total population of
Santa Clara County, California (including unincorporated areas) (according to the then
most current California Department of Finance’s annual population estimates (Report
E-1, or any successor report)) (“TOTAL SCC POP”) is calculated by dividing the city’s or
County of Santa Clara’s (as applicable) total population by the total population of all of
Santa Clara County and multiplying the result by 100.
iv.Fourth, an allocation is made to VTA and the County of Santa Clara for countywide(with
respect to Santa Clara County) BIKE/PED E&E PROGRAM activities (“COUNTYWIDE
ACTIVITIES”).
v.Fifth, the 2016 MEASURE B funds remaining for the BIKE/PED E&E PROGRAM category
allocation are calculated by deducting the amount allocated for COUNTYWIDE
ACTIVITIES in (iv) immediately above from the total BIKE/PED E&E PROGRAM category
allocation (“REMAINING FUNDS”).
vi.Sixth, each CITY PERCENTAGE SHARE is multiplied by the REMAINING FUNDS to
determine the dollar amount that would be allocated to each city based on their CITY
PERCENTAGE SHARE; however, no allocation is yet made at this step. Cities that would
receive less than $10,000 as a result of the calculation described in this section (vi) will
be identified (“LOW POP CITIES”).
68
Rev 01/2020 Page 5 of 10
vii.Seventh, each city is allocated $10,000 (“10K ALLOCATIONS”). LOW POP CITIES will not
be allocated any additional funds beyond the 10K ALLOCATIONS made to each city as
described in this section (vii).
viii.Eighth, the modified REMAINING FUNDS are calculated by subtracting the cumulative
total of all 10K ALLOCATIONS from the REMAINING FUNDS (“MOD REMAINING
FUNDS”).
ix.Ninth, a modified Santa Clara County population is calculated by deducting the
cumulative populations attributed to the County of Santa Clara (unincorporated areas
of Santa Clara County) and all LOW POP CITIES from the TOTAL SCC POP (“MODIFIED
POPULATION”).
x.Tenth, a modified population percentage share (“MOD CITY PERCENTAGE SHARE”) is
calculated for all cities that are not LOW POP CITIES (“NON-LOW POP CITIES”) by
dividing the NON-LOW POP CITY’s total population by the MODIFIED POPULATION and
multiplying the result by 100.
xi.Eleventh, each NON-LOW POP CITY’s MOD CITY PERCENTAGE SHARE is multiplied by
the MOD REMAINING FUNDS to calculate the NON-LOW POP CITY’s additional
allocation of 2016 MEASURE B funds for the BIKE/PED E&E PROGRAM category. This
allocation will be made in addition to the 10K ALLOCATION described above.
c. RECIPIENT’s allocations are subject to change based on variations in annual populationand actual
2016 MEASURE B receipts for prior fiscal years.
d. BIKE/PED E&E PROGRAM allocations may remain unspent for a maximum of three fiscal years,
provided that (i) RECIPIENT provides VTA with a satisfactory explanation for why the allocation is
not being spent and (ii) VTA provides RECIPIENT with written approval for such explanation. At
the end of the fourth fiscal year, allocations that were unspent for all four fiscal years will be
returned by VTA to the pool of 2016 MEASURE B funds allocated to the BIKE/PED E&E PROGRAM
category for redistribution in the next allocation cycle pursuant to the formula above.
e. All funds will be available to RECIPIENT on a reimbursement basisonly.
6. VTA’s OBLIGATIONS
VTA will:
a. Annually update the BIKE/PED E&E PROGRAMformula to reflect the most current populations
based on the California Department of Finance’s annual population estimates (Report E-1, or
any successor report). VTA shall use the updated BIKE/PED E&E PROGRAM allocation formula
in the allocations beginning July 1 immediately following each VTA budget cycle.
b. Annuallyreportto the public the amount of BIKE/PED E&E PROGRAMrevenues allocated and
distributed to RECIPIENT.
69
Rev 01/2020 Page 6 of 10
c. Annually report to the public a summary of E&E PROJECT evaluation metrics submitted by
RECIPIENT, as required in Section 4. EVALUATION REQUIREMENTS.
d. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using
approved metrics and data provided by RECIPIENT (pursuant to Section 4. EVALUATION
REQUIREMENTS) related to RECIPIENT’s E&E PROJECT(s).
e. Biennially, or however frequently as VTA determines is appropriate based upon the number
of ongoing E&E PROJECTs, report to the public the effectiveness of the BIKE/PED E&E
PROGRAM basedon the assessment described immediately above in Section 6(d).
f.Remit the amount due to the RECIPIENT under an invoice within thirty (30) calendar days of
receipt of a complete and proper, fully documented invoicecomplying with the requirements
set forth herein.
7. RECIPIENT’s OBLIGATIONS
RECIPIENT will:
a. Ensure that all 2016 MEASURE B funds are expended on only allowable BIKE/PED E&E
PROGRAM expenditures as described above in Section 3. ELIGIBLE USE OF FUNDS.
b. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT’s proposed
work program for the BIKE/PED E&E PROGRAM, in which RECIPIENT will set forth proposed
E&E PROJECTS, and develop all such E&E PROJECTS that are approved by VTA as eligible.
RECIPIENT’s proposed metrics and frequency of E&E PROJECT evaluation must be included
with the proposed work program (see Section 4. EVALUATION REQUIREMENTS); VTA must
provide approval of these proposed metrics and the frequency of evaluation.
c. Annually submit to VTA, by October 1
st of each year, a summary of the prior fiscal year’s
completed E&E PROJECTS.
d. Submit to VTA, on a frequency as approved by VTA, the evaluation of the completed E&E
PROJECT pursuant to Section 4. EVALUATION REQUIREMENTS.
e. If applicable, annually submit to VTA, by October 1
st of each year, an explanation of why no
BIKE/PED E&E PROGRAM funds are planned for expenditure during the upcoming fiscal year.
f.Annually complete and submit to VTA, by October 1
st of each year, any accompanying
reporting requirements for the BIKE/PED E&E PROGRAM.
g. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force
account charges as substantiation for invoices submitted to VTA for reimbursement
hereunder.
h. Maintain financial records, books, documents, papers, accounting records, and other
evidence pertaining to costs related to this AGREEMENT for five (5) years. RECIPIENT shall
70
Rev 01/2020 Page 7 of 10
make such records available to VTA upon VTA’s written request for review and audit
purposes. Financial audits will be performed at VTA’s sole discretion.
i.Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible E&E
PROJECT costs (see Section 3. ELIGIBLE USE OF FUNDS). RECIPIENT must submit invoices
within one year of the date RECIPIENT incurs the cost submitted on the invoice for
reimbursement (unless otherwise approved by VTA in writing).
8. GENERAL TERMS AND CONDITIONS
a.Indemnity. Neither VTA nor any officer or employee thereof will be responsible for any
damage or liability arising out of or relating to RECIPIENT’s acts or omissions under or in
connection with any work, authority, or jurisdiction associated with this AGREEMENT.
RECIPIENT shall fully defend, indemnify, and save harmless VTA from any liability imposed for
injury (as defined by California Government Code §810.8) arising out of or relating to
RECIPIENT’s acts or omissionsunder or in connection with any work, authority, or jurisdiction
delegated to RECIPIENT under thisAGREEMENT. This provision will survive the termination or
expiration of this AGREEMENT.
b.Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless
made in writing and signed by both of the PARTIES hereto, and no oral understanding or
agreement not incorporated herein will be binding on any of the PARTIES hereto.
c.Entire Agreement. This AGREEMENT contains the entire understanding between VTA and
RECIPIENT relating to the subject matter hereof. This AGREEMENT supersedes any and all
other agreements which may have existed between the PARTIES, whether oral or written,
relating to the subject matter hereof. This AGREEMENT is binding upon each PARTY, their
legal representatives, and successors for the duration of the AGREEMENT.
d.Notices. Any notice which may be required under this AGREEMENT must be in writing, will
be effective when received, and must be given by personal service or certified mail to the
individuals at the addressesset forth below, or to such other address which may be specified
in writing by the PARTIES hereto.
VTA:
Marcella Rensi
Deputy Director, Grants & Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: marcella.rensi@vta.org
RECIPIENT:
John Cherbone
Public Works Director, City of Saratoga
13777 Fruitvale Ave
Saratoga, CA, 95070
Email: jlindsay@saratoga.ca.us
71
Rev 01/2020 Page 8 of 10
Written notification to the other PARTY must be provided, in advance, for changes in the
name or address of the individuals identified above.
The individual identified above for RECIPIENT is RECIPIENT’s BIKE/PED E&E PROGRAM liaison
(“LIAISON”). The LIAISON will be (i) the liaison to VTA pertaining to implementation of this
AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E
PROJECTS.
e.Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that
each person whose signature appears hereon has been duly authorized and has the full
authority to execute this AGREEMENT on behalf of the entity that is a party to this
AGREEMENT.
f.No Waiver.The failure of either PARTY to insist upon the strict performance of any of the
terms, covenantsand conditions of this AGREEMENT will not be deemed a waiver of any right
or remedy that either PARTY may have, and will not be deemed a waiver of either PARTY’s
right to require strict performance of all of the terms, covenants, and conditions hereunder.
g.Dispute Resolution. If a question or allegation arises regarding (i) interpretation of this
AGREEMENT or its performance, or (ii) the alleged failure of a PARTY to perform, the PARTY
raising the question or making the allegation shall give written notice thereof to the other
PARTY. The PARTIES shall promptly meet in an effort to resolve the issues raised. If the
PARTIES fail to resolve the issues raised, alternative forms of dispute resolution, including
mediation, may be pursued by mutual agreement. It is the intent of the PARTIES to the
greatest extent possible to avoid litigation as a method of dispute resolution.
h.Severability. If any of the provisions of this AGREEMENT (or portions or applications thereof)
are held to be unenforceable or invalid by any court of competent jurisdiction, VTA and
RECIPIENT shall negotiate an equitable adjustment in the provisions this AGREEMENT with a
view toward effecting the purpose of this AGREEMENT, and the validity and enforceability of
the remaining provisions or portions or applications thereof will not be affected thereby.
i.Governing Law.The laws of the State of California will govern this AGREEMENT, as well as
any claim that might arise between RECIPIENT and VTA, without regard to conflict of law
provisions.
j.Venue.Any lawsuit or legal action arising from this AGREEMENT must be commenced and
prosecuted in the courts ofSanta Clara County, California. RECIPIENT agrees to submit to the
personal jurisdiction of the courts located in Santa Clara County, California for the purpose of
litigating all such claims.
Signatures of PARTIES on following page.
72
Rev 01/2020 Page 9 of 10
IN WITNESS WHEREOF, VTA and RECIPIENT have executed this AGREEMENT as of the last date set forth
below.
Santa Clara Valley RECIPIENT
Transportation Authority
Nuria I. Fernandez James Lindsay
General Manager/CEO City Manager
Date Date
Approved as to Form Approved as to Form
Megan Gritsch
Assistant Counsel
Richard Taylor
City Attorney
73
Rev 01/2020 Page 10 of 10
ATTACHMENT A
Example Evaluation Requirement Metrics
Project reach
o Hypothetical Example: Online media safety campaign had 10,000 unique views, resulting
in 2,000 people taking the “I will drive, walk, and bike safely and responsibly” pledge.
Mode shift
o Hypothetical Example: At the end of the school year, 200 bicycles were counted in the
bike cage, an increase of 20% over the number of bicycles counted at the beginning of
the year.
Behavior change
o Hypothetical Example: Individualized marketing packets were provided to 1,200
households. 200 households requested additional information. Before and after surveys
showed that 5% of households that requested additional information switched to biking,
walking, or taking transit more.
Safety improvements
o Hypothetical Example: After the crosswalk sting, motorists were observed yielding to
pedestrians 8 out of 10 times, an increase of 10% over the yielding rate before the
crosswalk sting. However, these rates decreased over time, suggesting that continued
events or infrastructure changes are needed to permanently improve driver behavior.
Community Engagement
o Hypothetical Example: At the end of five Train the Trainer events, of the 25 trainees, ten
agree to lead Safe Routes to School activities at their schools.
74
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ACCEPT FUNDING FROM THE SANTA CLARA VALLEY TRANSPORTATION
AUTHORITY (VTA) FOR THE 2016 MEASURE B BICYCLE & PEDESTRIAN
EDUCATION AND ENCOURAGEMENT PROGRAM
WHEREAS, In November 2016, Santa Clara County voters passed Valley
Transportation Authority’s (VTA’s) 2016 Measure B Sales Tax, and;
WHEREAS, a portion of the Measure B Sales Tax revenue has been allocated to the
Bicycle & Pedestrian Education and Encouragement Program to promote, educate, and
encourage safe walking or bicycling for all community members, and;
WHEREAS through the program, cities receive a funding allocation based on their share
of the County population, and;
WHEREAS, for the City of Saratoga, VTA has allocated $24,000 for each fiscal year
from FY 2017/18 through FY 2020/21, for a total of $96,000 as its share, and;
WHEREAS, the City Council desires to expend these funds to develop and maintain safe
routes to schools within the City, and;
WHEREAS, the funding will be used to develop outreach and education for safe routes
to school, and;
WHEREAS, it is therefore necessary to adjust the FY 2020/21 Capital Improvement
Program budget as follows;
Account Description Account Number Increase Decrease
To appropriate VTA Measure B funded Safe Routes to School program revenues and
expenditures to the FY 2020/2021 Capital Improvement Budget
VTA - Measure B revenue 411.9121-001.42731 $ 96,000
SR2S program expenditures 411.9121-001.81161 $ 96,000
75
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga
hereby accepts the Measure B Funding in the amount of $96,000 for FY 2017/18 through FY
2020/21 to be applied toward various Safe Routes to School outreach efforts as approved by
VTA.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on the 16
th day of September,
2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________
Howard A. Miller,
Mayor
City of Saratoga
Attest:
_______________________
Debbie Bretschneider,
City Clerk
City of Saratoga
76
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:Public Works
PREPARED BY:Mainini Cabute, Environmental Programs Manager
SUBJECT:Safe Routes to School Master Plan
RECOMMENDED ACTION:
1.Authorize the City Manager to enter into a Professional Service Agreement with Fehr and
Peers in the amount of $65,948.
2.Authorize City Manager to execute a change order up to $6,500.
BACKGROUND:
In April 2018, the City Council adopted a resolution stating that it supports the Traffic Safety
Commission’s goal to increase awareness of bicycle and pedestrian safety of students and effort
toward Safe Routes to Schools (SRTS). In 2019, the Traffic Safety Commission (TSC) formally
kicked off its first Safe Routes to School meeting inviting stakeholders from the Saratoga schools,
Sheriff’s Traffic Unit, Saratoga students and other community members. The TSC held two
meetings in 2019 to discuss how the City can improve school routes and coordinate an annual
Walk and Bike to School Day.
During those meetings, the Traffic Safety Commission expressed a desire to approach SRTS in a
holistic way through development of a Safe Route to School Master Plan. This Plan will build
upon the work that the TSC has done with Fehr and Peers since 2013, which has involved
developing safe traffic circulation plans and working with schools to provide traffic safety
solutions around their schools.
The attached proposal includes the following five tasks:
Task 1: Getting Grounded: Project Initiation and Data Review
Task 2: Needs Assessment
Task 3: Safety Improvement Recommendations and Project Prioritization
Task 4: Project Report and Implementation
Task 5: Legislative Process
The project has a timeline that starts immediately and will be complete by June 30, 2021. Funding
is available in the fiscal year budget for this project.
77
Staff recommends that the City Council approve the attached contract with Fehr and Peers in the
amount of $65,948 and authorize the City Manager to execute the same.
ATTACHMENTS:
Attachment A – Contract and Proposal
78
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI
City of Saratoga
Standard Services Contract
7KLVDJUHHPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJDDPXQLFLSDO
FRUSRUDWLRQ ³&LW\´ DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
³&RQWUDFWRU´ ZKRDJUHHWKDW
1. Purpose of Contract.
7KLVLVDFRQWUDFWIRU
7KHSXUSRVHRIWKHFRQWUDFWLVPRUHVSHFLILFDOO\GHVFULEHGLQ([KLELW$RIWKLVDJUHHPHQW
³6FRSHRI:RUNDQG3D\PHQW7HUPV´ ,QWKHHYHQWRIDFRQIOLFWEHWZHHQWKHWHUPVRIWKLV
DJUHHPHQWDQGWKH6FRSHRI:RUNRUDQ\RIWKHH[KLELWVUHIHUHQFHGLQWKLV([KLELW$WKHWHUPV
RIWKHDJUHHPHQWVKDOOJRYHUQ
2. Term.
6WDUW'DWH (QG'DWH
,I6WDUW'DWHLVOHIWEODQNVWDUWGDWHZLOOEH
GDWHODVWVLJQHGEHORZ
2UXSRQSURMHFWFRPSOHWLRQZKLFKHYHU
RFFXUVILUVW
)L[HG$PRXQW&RQWUDFW±0RQWKO\,QYRLFHV
)L[HG$PRXQW&RQWUDFW±'HOLYHUDEOH7DVN%DVHG,QYRLFHV
1RWWR([FHHG$PRXQW&RQWUDFW±+RXUO\6HUYLFHV
1RWWR([FHHGDPRXQW&RQWUDFW±7DVN%DVHG,QYRLFHV
6HH([KLELW$BBBBBBLQFRUSRUDWHGE\WKLVUHIHUHQFHIRUDGGLWLRQDOSD\PHQWWHUP
LQIRUPDWLRQ
&RQWUDFWRULVnot authorizedWRXQGHUWDNHDQ\HIIRUWVRULQFXUDQ\FRVWVZKDWVRHYHUXQGHUWKH
WHUPVRIWKLVDJUHHPHQWXQWLOUHFHLSWRIDIXOO\H[HFXWHG3XUFKDVH2UGHUIURPWKH)LQDQFH
'HSDUWPHQWRIWKH&LW\RI6DUDWRJD
3. Payment&LW\VKDOOSD\&RQWUDFWRUIRUZRUNSURGXFWSURGXFHGDQGDQ\DXWKRUL]HG UHLPEXUVDEOHFRVWVSXUVXDQWWRWKLVDJUHHPHQWDQDPRXQWQRWWRH[FHHGWKHWRWDOVXPRI
__________________BBBBBBBBBBBBBBBBBBBBBBBBBBB
7KLVFRQWUDFWLVD FKHFNRQH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
Fehr and Peers Transportation Consultants
Safe Routes to School Master Plan Development
08/15/2020 12/31/2021
65,948.00
✔
✔1
79
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI
4. Contract Administration7KHDXWKRUL]HGUHSUHVHQWDWLYHVRI&LW\DQG&RQWUDFWRUIRU
&RQWUDFWDGPLQLVWUDWLRQDUHOLVWHGEHORZ7KH&LW\¶VFRQWDFWSHUVRQLVWKH$GPLQLVWUDWRU
Contractor:
&RQWUDFWRU1DPH
&RQWDFW3HUVRQ
6WUHHW$GGUHVV
&LW\6WDWH=LS
7HOHSKRQH V
)D[
(PDLO$GGUHVV
6DUDWRJD%XVLQHVV
/LF
City of Saratoga
'HSDUWPHQW
&RQWDFW3HUVRQ
6WUHHW$GGUHVV
&LW\6WDWH=LS
7HOHSKRQH
)D[
(PDLO$GGUHVV
5. Insurance&RQWUDFWRUDJUHHVWRSURFXUHDQGPDLQWDLQLQVXUDQFHDVUHTXLUHGE\WKH
SURYLVLRQVVHWIRUWKLQ([KLELW%&HUWLILFDWHVRIVXFKLQVXUDQFHDQGFRSLHVRIWKHLQVXUDQFH
SROLFLHVDQGHQGRUVHPHQWVVKDOOEHGHOLYHUHGWR&LW\ZLWKLQWHQ GD\VDIWHUEHLQJQRWLILHGRI
WKHDZDUGRIWKHFRQWUDFWDQGEHIRUHH[HFXWLRQRIWKLVDJUHHPHQWE\WKH&LW\
6. General Provisions.&LW\DQG&RQWUDFWRUDJUHHWRDQGVKDOODELGHE\WKHJHQHUDO
SURYLVLRQVVHWIRUWKLQ([KLELW&
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
Fehr and Peers Transportation Consultants
Franziska Church
160 W. Santa Clara Street, Suite # 675
San Jose, CA 95113
1-408-278-1700
1-408-278-1717
f.church@fehrandpeers.com
BUS-05772
Public Works
Mainini Cabute
13777 Fruitvale Avenue
Saratoga, CA 95070
1-408-868-1258
1-408-868-1258
mcabute@saratoga.ca.us
80
81
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW$ 3DJHRI
City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
&RQWUDFWRUVKDOOFRPSOHWHWKHVFRSHRIZRUNDQGLQYRLFHWKH&LW\LQDFFRUGDQFHZLWKWKH
SD\PHQWWHUPVVKRZQEHORZ
$1'256HH([KLELW V $LQFRUSRUDWHGE\WKLVUHIHUHQFH
-End of Exhibit A -
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
✔1
82
July 21, 2020
Mr. John Cherbone
City of Saratoga Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Proposal for the City of Saratoga Safe Route to School (SRTS) Project
Dear John:
Fehr & Peers is pleased to submit this proposal to prepare the Safe Route to School Master Plan for the City
of Saratoga, California. The purpose of this scope is to outline Fehr & Peers’ involvement in developing the
Plan. The proposed Draft Scope of Work is presented in Attachment A.
The fee to complete the proposed scope of work is $66,000. This fee includes all professional and support
staff time, but does not include vendor expenses and optional tasks. Any vendor expenses will be quoted
and submitted directly to the City of Saratoga. This proposal is valid for a period of 90 days.
Should you have any questions or need additional information, please do not hesitate to call me. Otherwise,
please provide us with a purchase order.
We appreciate the opportunity to work with you on this project.
Sincerely,
FEHR & PEERS
Franziska Church, AICP
Principal
Ashley C. Brooks, PE
Senior Transportation Engineer
1025-0446.06
ik Ch hhhh AICP hley C Brooks PE
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 1 of 9 83
Attachment A
Scope of Work
The City of Saratoga Safe Routes to School Master Plan will provide a framework for developing
infrastructure and programmatic recommendations to benefit students at schools in the City of Saratoga. It
will be developed through close collaboration between City staff, consultant staff, school community
members, and the general public to identify and prioritize improvements to support walking and bicycling
to schools.
The purpose of this scope is to outline Fehr & Peers’ involvement in developing the Plan. Leveraging
efficiencies from past work, Fehr & Peers will analyze existing conditions, consolidate planned
improvements and identify new opportunities, develop a prioritized project list and corresponding Routes
Map for each school. Throughout the plan development, we will seek opportunities to advance the City and
school communities’ engagement with the “Six E’s” of Safe Routes to School: Education, Encouragement,
Engineering, Enforcement, Evaluation, and Equity.
In addition, Fehr & Peers will use innovative strategies to engage the community and ensure that a
representative population is involved in the process. This effort seeks to leverage the month of October as
national Walk to School Month (“Walktober”) to build publicity for the draft Plan, if schedule allows, and
encourage safe walking and biking habits.
Task 0: Project Management (Spans all Phases)
The objective of this task is to ensure effective and efficient communication between Fehr & Peers and City
staff to proactively anticipate and resolve problems and assure the project deliverables meet the project’s
goals and objectives.
Task 0.1 – Project Kick-Off Meeting
Fehr & Peers will participate in a kick-off meeting at which the City and Fehr & Peers will review the scope
of work, project budget, and schedule. We will plan and facilitate the meeting to review and approve the
allocation of project responsibilities, discuss project goals, objectives, schedule and risks; and strategize
effective ways to engage and involve the community and stakeholders.
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 2 of 9 84
We will develop Project Kick-Off meeting agenda and materials, provide copies of all materials and a brief
meeting summary. We anticipate this meeting can be held virtually.
Task 0.2 – Biweekly project team meetings
Fehr & Peers will schedule and lead biweekly project team meetings. Project team meetings are anticipated
to be half-hour check-in video calls.
Task 0.3 – Project Administration and Invoicing
We will submit monthly invoices and progress reports to document the work performed each period.
Deliverables:
x Kickoff Meeting Agenda and materials
x Notes summarizing the Kickoff Meeting including list of action items.
x Monthly invoices showing the previous month’s billing by hours and tasks, and a project status
report by task.
Task 1 – Getting Grounded: Project Initiation and
Data Review
Task 1.1 – Baseline Data Review
Fehr & Peers will create a baseline assessment of “on the ground” characteristics of each school site. We
will review our existing GIS inventory of bicycle, pedestrian, transit, and vehicle facilities and conditions.
Task 1.2 – Planned/Recently Completed Projects Review
In addition to GIS data, we will review any planned or recently completed transportation-related projects in
the school areas. We will review proposed bicycle facilities within 2-miles of the school, and proposed
pedestrian facilities and crossing treatments within 1/2 miles of each school.
This task will result in the development of maps showing the existing and planned pedestrian and bicycle
facilities around each of the schools.
Task 1 Deliverables:
x Maps showing the pedestrian and bicycle existing and planned network around each of the
schools. Draft and final (based on one set of consolidated comments).
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 3 of 9 85
Task 2 – Needs Assessment
After developing a GIS database of existing infrastructure, we will work closely with City and staff from each
school to evaluate the key deficiencies and opportunity areas for each school site.
Task 2.1 – Existing Conditions Analysis
We will develop a series of figures that summarize the following:
x Identify and map pedestrian generators and attractors near schools, such as parks, transit
facilities, community centers, libraries, shopping/employment districts, and more;
x Identify “obstacles and gaps” in the existing network, including major street crossings without
traffic control and/or crossing guards;
x Identify “missing links” to existing or planned bikeways and pedestrian facilities; and
x Identify collision trends and hot spots
We will focus on the following schools located within the City of Saratoga:
- Blue Hills Elementary School
- Christa McAuliffe Elementary School
- Argonaut Elementary School
- Foothill Elementary School
- Marshall Lane Elementary School
- Saratoga Elementary School
- St. Andrews School
- Sacred Heart School
- Redwood Middle School
- Saratoga High School
- Prospect High School
We will focus on pedestrian facilities within 1/2 mile from schools for a pedestrian “walkshed,“ and 2 miles
from schools for a bikeable “bike-shed.”
Task 2.2 – Site Visits
We will hold up to two days site visits visiting all 11 schools with City staff, 1-2 Traffic Safety Commissioners,
and School District staff from each school’s respective District, as well as any other parties that the City
chooses to include (up to ten persons). As part of this visit, we will identify the following infrastructure
features in the field:
x Existing bicycle facilities
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 4 of 9 86
x Existing sidewalk gaps and sidewalk availability
x Existing pedestrian crossing facility types including curb ramps and locations
x Existing intersection traffic controls and other traffic calming measures
x Posted speed limits
x Physical barriers and presence of ADA infrastructure
Task 2 Deliverables:
x Site visit materials including map of existing conditions near school sites.
Task 3 – Safety Improvement Recommendations and
Project Prioritization
Based on all the information and perspectives compiled in Tasks 1-2, we will develop a draft project list
and location map of potential engineering interventions to improve conditions for travelling to and from
Saratoga schools on foot or bicycle.
The project list will include narratives for projects at all school sites in Saratoga, with lower cost, near-term
implementation options. In addition, we will develop recommendations for countermeasures that require
longer-term implementation.
Once City staff have reviewed the project list and provided one consolidated set of comments, we will
prioritize the projects based on feasibility, cost level, implementation timeline, school involvement and
support, and effectiveness at achieving a variety of elements, such as improving the pedestrian
environment, bicycle environment, access to transit, among others.
Then, we will develop cost estimates and planning-level “cut sheets” for the five highest priority projects
to help the City of Saratoga position for grants on these top projects.
Task 3 Deliverables:
x Draft project list for City review
x Summary of project criteria and measurements
x Prioritized project list
x Cut sheets and cost estimates for top five projects (draft and final based on one round of
consolidated comments)
Task 4 – Project Report and Implementation
Fehr & Peers will develop a visually compelling document that outlines a high-level description of the
process, provides a final prioritized project list, and a roadmap for implementation of infrastructure and
programmatic recommendations. As part of the report, we will develop a list of actionable items that
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 5 of 9 87
highlight each of the “Six E’s” of SRTS: Education, Encouragement, Engineering, Enforcement, Evaluation,
and Equity.
We have budgeted time for one round of comments from City staff.
Task 4 Deliverables:
x City of Saratoga Safe Routes to School Master Plan: draft and final
Task 5 – Legislative Process
The consultant team is available to present to the City Council one time and TSC one time to confirm
direction on the SRTS Master Plan and present the report for adoption.
Task 5 Deliverables:
x One City Council Presentation
x One TSC presentation
Optional Task 6 – Community Engagement and
Feedback
Optional Task 6.1 – Public Meeting and Online Engagement
Fehr & Peers will lead development of one online public engagement event. The outreach event will be
focused on evaluating the draft plan and collecting input for the programmatic concepts and priorities.
Outreach event helps ensure localized priorities are gauged – and support for eventual development of
project plan1.
As part of the outreach event, Fehr & Peers will lead development of web-based tools and activities
designed to promote community awareness, input and buy-in for the full scope of the plan’s development.
All work will be coordinated with subsequent engagement activities, helping ensure input received will
inform and remain relevant to the plan’s key decision points. Items included in online engagement will
include:
x A stand-alone project website linked to the City of Saratoga website, including an “about” page,
documents library, and an events calendar.
1 Given the current limitations for group gatherings due to the Covid-19, the outreach event is held in a form of
online engagement only.
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 6 of 9 88
x An online questionnaire to help gauge community issues, needs and priorities, including a
mapping tool to allow participants to locate specific areas and add comments.
Optional Task 6.2 – Outreach Summary
Fehr & Peers will develop a brief summary of all outreach activities, noting numbers of participants, findings
from surveys and workshop exercises, photos and written comments. These will help affirm directives and
clearly illustrate the process used to develop the plan’s various recommendations.
Optional Task 6.3 – Saratoga SRTS Technical Steering Meetings
Fehr & Peers will arrange and lead stakeholder meetings with a range of community leaders, district
representatives, parents and others knowledgeable about Safe Routes to School issues. Fehr & Peers will
lead up to four two-hour meetings over the course of the project. We will work with City staff to brainstorm
potential participants including Police Department representatives, Saratoga Public Works staff, and
principals.
The first meeting will help the consultant team gain a basic understanding of Saratoga school-specific
issues, laying the groundwork for more on-target and effective surveying, workshops and public outreach.
As part of this meeting, we will review our maps and figures of existing conditions and talk about any noted
school-related transportation issues. During this meeting, we would determine which elementary and
middle schools to visit as part of Task 2.2.
The second meeting will be a review of what the project team has heard thus far, recapping the field review
and survey results for any missed information and coalition support. The third meeting will be a review of
the proposed project list and prioritization criteria. The optional fourth meeting will be a review of the draft
plan and discussion of potential programs to continue the momentum built during the planning process.
This meeting could highlight actionable items to further the “Education” and “Encouragement” components
of the “Six E’s” of Safe Routes to School.
Optional Task 6 Deliverables:
x Project website content and site
x Materials and facilitation of two public workshops, with online versions of all materials for remote
participation
x Saratoga SRTS Technical Steering meeting materials including meeting agendas and minutes
x Summary of outreach findings including survey results. Draft memo (final edits will occur with the
final plan).
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 7 of 9 89
Proposed Timeline
Tasks Aug Sep Oct Nov Dec Jan Feb Mar Apr
Task 0: Project management
0.1 - Kick-Off Meeting
0.2 - Bi Weekly Meetings
0.3 - Administration and Invoicing
Task 1: Getting Grounded
1.1 - Data Review
1.2 - Plan Review
Task 2: Field Verification
2.1 - Existing Conditions Analysis
2.2 - Site Visits
Task 3: Safety Improvement
Recommendations and Project
Prioritization
3.1 - Project List and Prioritization
Task 4: Project Report
4.1 – Project Report
Task 5: Legislative Process
5.1 – Legislative Process
Optional Task 6: Community
Engagement and Feedback
6.1 - Optional Public meeting and
online engagement
6.2 - Optional Outreach Summary
6.3 - Optional Saratoga SRTS Technical
Steering Meeting
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 8 of 9 90
Budget
Tasks Hours Budget
Task 0: Project Management 43 $8,106
Task 1: Getting Grounded 34 $6,016
Task 2: Field Verification 79 $15,451
Task 3: Safety Improvement Recommendations
and Project Prioritization 113 $18,308
Task 4: Project Report 77 $12,548
Task 5: Legislative Process 12 $2,379
Other Direct Expenses N/A $3,140
Total (Task 0- 5) 358 $65,948
Optional Task 6: Community Engagement &
Feedback 131 $22,568
Contractor: Fehr and Peers Transportation Consultants Project Name: Safe Routes to School Project - Master Plan
Exhibit A-1 Page 9 of 9 91
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI
City of Saratoga Services Contract
Exhibit B – Insurance
7KHLQVXUDQFHUHTXLUHPHQWVOLVWHGEHORZWKDWKDYHDQ³9´LQGLFDWHGLQWKHVSDFHEHIRUHWKH
UHTXLUHPHQWDSSO\WRWKLVDJUHHPHQWWRJHWKHUZLWKWKHJHQHUDOUHTXLUHPHQWV
0RGLILFDWLRQVRUZDLYHUVWRWKHEHORZUHTXLUHPHQWVDUHVKRZQLQ([KLELW(
&RQWUDFWRUVKDOOSURYLGHLWVLQVXUDQFHEURNHU V DJHQW V ZLWKDFRS\RIWKHVHUHTXLUHPHQWVDQG
UHTXHVWWKDWWKH\SURYLGHFHUWLILFDWHVRILQVXUDQFHFRPSOHWHZLWKFRSLHVRIDOOUHTXLUHG
HQGRUVHPHQWVWR 5LVN0DQDJHU&LW\RI6DUDWRJD)UXLWYDOH$YHQXH6DUDWRJD&$
RUE\HPDLODWPWD\ORU#VDUDWRJDFDXVZLWKDFRS\WRWKH3ULPDU\5HSUHVHQWDWLYHOLVWHGLQ
VHFWLRQRQSDJH'XULQJWKHWHUPRIWKLVDJUHHPHQW&RQWUDFWRUVKDOOHQVXUHWKDWLWV
EURNHU V DJHQW V SURYLGHWKH5LVN0DQDJHUDQG3ULPDU\5HSUHVHQWDWLYHZLWKXSGDWHG
FHUWLILFDWHVRILQVXUDQFHUHIOHFWLQJFRQWLQXHGVDWLVIDFWLRQRIWKHUHTXLUHPHQWVRIWKLVDJUHHPHQW
WRJHWKHUZLWKXSGDWHGHQGRUVHPHQWVLQWKHHYHQWRIDFKDQJHLQWKHXQGHUO\LQJLQVXUDQFH
SROLF\ LHV
$OOHQGRUVHPHQWVVKDOOEHVLJQHGE\DSHUVRQDXWKRUL]HGE\WKDWLQVXUHUWRELQGFRYHUDJHRQLWV
EHKDOI&LW\KDVWKHULJKWWRUHTXLUH&RQWUDFWRU¶VLQVXUHUWRSURYLGHFRPSOHWHFHUWLILHGFRSLHVRI
DOOUHTXLUHGLQVXUDQFHSROLFLHV$VGHVFULEHGLQPRUHGHWDLOEHORZWKH&LW\LWVRIILFHUVRIILFLDOV
HPSOR\HHVDJHQWVDQGYROXQWHHUVDUHWREHFRYHUHGDVLQVXUHGV
$OOFHUWLILFDWHVDQGHQGRUVHPHQWVPXVWEHUHFHLYHGDQGDSSURYHGE\&LW\EHIRUHZRUN
FRPPHQFHV
,QVXUDQFH5HTXLUHPHQWV
&RPPHUFLDO*HQHUDO%XVLQHVV/LDELOLW\,QVXUDQFHZLWKFRYHUDJHDWOHDVWDVEURDGDVLQGLFDWHG
SHURFFXUUHQFHDJJUHJDWHOLPLWVIRUERGLO\LQMXU\DQGSURSHUW\
GDPDJH
&RYHUDJHIRU;&8KD]DUGV0867EHHYLGHQFHGRQWKH&HUWLILFDWHRI,QVXUDQFH
$XWR/LDELOLW\,QVXUDQFHZLWKFRYHUDJHDVLQGLFDWHG
FRPELQHGVLQJOHOLPLWIRUERGLO\LQMXU\DQGSURSHUW\GDPDJH
FRPELQHGVLQJOHOLPLWIRUERGLO\LQMXU\DQGSURSHUW\GDPDJH
*DUDJHNHHSHUV¶H[WUDOLDELOLW\HQGRUVHPHQWWRH[WHQGFRYHUDJHWRDOOYHKLFOHVLQWKH
FDUHFXVWRG\DQGFRQWURORIWKH&RQWUDFWRUUHJDUGOHVVRIZKHUHWKHYHKLFOHVDUHNHSW
RUGULYHQ
3URIHVVLRQDO(UURUVDQG2PLVVLRQV/LDELOLW\ ³( 2´ ZLWKFRYHUDJHDVLQGLFDWHG
SHUORVVDJJUHJDWH
SHUORVVDJJUHJDWH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
✔
✔
✔
✔
92
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI
:RUNHUV
&RPSHQVDWLRQDVUHTXLUHGE\WKH6WDWHRI&DOLIRUQLDZLWKVWDWXWRU\OLPLWVDQG
(PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKDOLPLWRIQROHVVWKDQSHUDFFLGHQWIRU
ERGLO\LQMXU\RUGLVHDVH
The Employer's Liability policy shall be endorsed to waive any right of subrogation against
the City, its employees or agents.
$OOVXEFRQWUDFWRUVXVHGPXVWFRPSO\ZLWKWKHDERYHUHTXLUHPHQWVH[FHSWDVQRWHGEHORZ
*HQHUDO5HTXLUHPHQWV
$VWRDOORIWKHFKHFNHGLQVXUDQFHUHTXLUHPHQWVDERYHWKHIROORZLQJVKDOODSSO\
1. Insurance Provisions. 7KHSROLFLHVDUHWRFRQWDLQRUEHHQGRUVHGWRFRQWDLQWKH
IROORZLQJSURYLVLRQV
x 7KH&LW\LWVRIILFHUVRIILFLDOVHPSOR\HHVDJHQWVDQGYROXQWHHUV HDFKDQ³DGGLWLRQDO
LQVXUHG´ DUHWREHFRYHUHGDVLQVXUHGVZLWKWKHVDPHFRYHUDJHDQGOLPLWVDYDLODEOHWRWKH
QDPHGLQVXUHGUHJDUGLQJ OLDELOLW\DULVLQJRXWRIDFWLYLWLHVSHUIRUPHGE\RURQEHKDOIRI
WKH&RQVXOWDQW SUHPLVHVRZQHGRFFXSLHGRUXVHGE\WKH&RQVXOWDQW RUDXWRPRELOHV
RZQHGOHDVHGKLUHGRUERUURZHGE\WKH&RQVXOWDQW7KHFRYHUDJHVKDOOFRQWDLQQR
VSHFLDOOLPLWDWLRQVRQWKHVFRSHRIWKHSURWHFWLRQDIIRUGHGWRWKH&LW\LWVRIILFHUV
RIILFLDOVHPSOR\HHVDJHQWVRUYROXQWHHUV$Q\DYDLODEOHLQVXUDQFHSURFHHGVEURDGHU
WKDQRULQH[FHVVRIWKHPLQLPXPLQVXUDQFHFRYHUDJHUHTXLUHPHQWVDQGRUOLPLWVVSHFLILHG
LQWKLVDJUHHPHQWVKDOOEHDYDLODEOHWRWKHDGGLWLRQDOLQVXUHG7KHUHTXLUHPHQWVIRU
FRYHUDJHDQGOLPLWVVKDOOEH WKHPLQLPXPFRYHUDJHDQGOLPLWVVSHFLILHGLQWKLV
DJUHHPHQW RU WKHEURDGHUFRYHUDJHDQGPD[LPXPOLPLWVRIFRYHUDJHRIDQ\LQVXUDQFH
SROLF\RUSURFHHGVDYDLODEOHWRWKHQDPHGLQVXUHG ZKLFKHYHULVJUHDWHU7KHDGGLWLRQDO
LQVXUHGFRYHUDJHXQGHU&RQVXOWDQW¶VSROLF\VKDOOEH
SULPDU\DQGQRQFRQWULEXWRU\DQG
ZLOOQRWVHHNFRQWULEXWLRQIURPWKH&LW\¶VLQVXUDQFHRUVHOILQVXUDQFHDQGVKDOOEHDWOHDVW
DVEURDGDV&*7KLVUHTXLUHPHQWGRHVQRWDSSO\WRHUURUVDQGRPLVVLRQV
LQVXUDQFH
x $Q\IDLOXUHWRFRPSO\ZLWKUHSRUWLQJSURYLVLRQVRIWKHSROLFLHVVKDOOQRWDIIHFWFRYHUDJH
SURYLGHGWRWKH&LW\LWVRIILFHUVRIILFLDOVHPSOR\HHVRUYROXQWHHUV
x 7KH&RQVXOWDQW¶VLQVXUDQFHVKDOODSSO\VHSDUDWHO\WRHDFKLQVXUHGDJDLQVWZKRPFODLPLV
PDGHRUVXLWLVEURXJKWH[FHSWZLWKUHVSHFWWRWKHOLPLWVRIWKHLQVXUHU
VOLDELOLW\
2. Deductibles and Self Insured Retentions. $Q\GHGXFWLEOHVRUVHOILQVXUHGUHWHQWLRQV
PXVWEHGHFODUHGWRDQGDSSURYHGE\WKH&LW\$WWKHRSWLRQRIWKH&LW\HLWKHU WKHLQVXUHU
VKDOOUHGXFHRUHOLPLQDWHVXFKGHGXFWLEOHVRUVHOILQVXUHGUHWHQWLRQVDVUHVSHFWVWKH&LW\LWV
RIILFHUVRIILFLDOVDQGHPSOR\HHV RU WKH&RQVXOWDQWVKDOOSURFXUHDERQGJXDUDQWHHLQJ
SD\PHQWRIORVVHVDQGUHODWHGLQYHVWLJDWLRQVFODLPDGPLQLVWUDWLRQDQGGHIHQVHH[SHQVHV7KH
OLPLWVRILQVXUDQFHUHTXLUHGLQWKLVDJUHHPHQWPD\EHVDWLVILHGE\DFRPELQDWLRQRISULPDU\DQG
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
✔
93
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI
XPEUHOODRUH[FHVVLQVXUDQFH$Q\XPEUHOODRUH[FHVVLQVXUDQFHVKDOOFRQWDLQRUEHHQGRUVHGWR
FRQWDLQDSURYLVLRQWKDWVXFKFRYHUDJHVKDOODOVRDSSO\RQDSULPDU\DQGQRQFRQWULEXWRU\EDVLV
IRUWKHEHQHILWRI&LW\ LIDJUHHGWRLQDZULWWHQFRQWUDFWRUDJUHHPHQW EHIRUHWKH&LW\¶VRZQ
LQVXUDQFHRUVHOILQVXUDQFHVKDOOEHFDOOHGXSRQWRSURWHFWLWDVDQDPHGLQVXUHG
3. Waiver of Subrogation.&RQVXOWDQWKHUHE\JUDQWVWR&LW\DZDLYHURIDQ\ULJKWWR
VXEURJDWLRQZKLFKDQ\LQVXUHURI&RQVXOWDQWPD\DFTXLUHDJDLQVW&LW\E\YLUWXHRIWKHSD\PHQW
RIDQ\ORVVXQGHUVXFKLQVXUDQFH&RQVXOWDQWDJUHHVWRREWDLQDQ\HQGRUVHPHQWWKDWPD\EH
QHFHVVDU\WRHIIHFWWKLVZDLYHURIVXEURJDWLRQEXWWKLVSURYLVLRQDSSOLHVUHJDUGOHVVRIZKHWKHU
&LW\KDVUHFHLYHGDZDLYHURIVXEURJDWLRQHQGRUVHPHQWIURPWKHLQVXUHU
4. Verification of Coverage.&RQVXOWDQWVKDOOIXUQLVKWKH&LW\ZLWKRULJLQDOFHUWLILFDWHVDQG
DPHQGDWRU\HQGRUVHPHQWVHIIHFWLQJFRYHUDJHUHTXLUHGE\WKLV([KLELW$OOFHUWLILFDWHVDQG
HQGRUVHPHQWVDUHWREHUHFHLYHGDQGDSSURYHGE\WKH&LW\EHIRUHZRUNFRPPHQFHV7KH&LW\
UHVHUYHVWKHULJKWWRUHTXLUHDWDQ\WLPHFRPSOHWHFHUWLILHGFRSLHVRIDOOUHTXLUHGLQVXUDQFH
SROLFLHVLQFOXGLQJHQGRUVHPHQWVHIIHFWLQJWKHFRYHUDJHUHTXLUHGE\WKHVHVSHFLILFDWLRQVDQG
IDLOXUHWRH[HUFLVHWKLVULJKWVKDOOQRWFRQVWLWXWHDZDLYHURIDQ\RI&LW\¶VULJKWVSXUVXDQWWRWKLV
DJUHHPHQW
5. Maintenance of Coverage.&RQVXOWDQWVKDOOQRWFDQFHODVVLJQRUFKDQJHDQ\SROLF\RI
LQVXUDQFHUHTXLUHGE\WKLVDJUHHPHQWRUHQJDJHLQDQ\DFWRURPLVVLRQWKDWZLOOFDXVHLWVLQVXUHU
WRFDQFHODQ\LQVXUDQFHSROLF\UHTXLUHGE\WKLVDJUHHPHQWH[FHSWDIWHUSURYLGLQJGD\VSULRU
QRWLFHWRWKH&LW\,IDQLQVXUDQFHSROLF\UHTXLUHGE\WKLVDJUHHPHQWLVXQLODWHUDOO\FDQFHOOHGRU
FKDQJHGE\WKHLQVXUHU&RQVXOWDQWVKDOOLPPHGLDWHO\SURYLGHZULWWHQQRWLFHWRWKH&LW\DQG
REWDLQVXEVWLWXWHLQVXUDQFHPHHWLQJWKHUHTXLUHPHQWVRIWKLVDJUHHPHQW1RWKLQJLQWKLV
SDUDJUDSKUHOLHYHV&RQVXOWDQWRILWVREOLJDWLRQWRPDLQWDLQDOOLQVXUDQFHUHTXLUHGE\WKLV
DJUHHPHQWDWDOOWLPHVGXULQJWKHWHUPRIWKHDJUHHPHQW
6. Claims Made Policies.,IDQ\RIWKHUHTXLUHGSROLFLHVSURYLGHFODLPVPDGHFRYHUDJH
WKHFRYHUDJHVKDOOEHPDLQWDLQHGIRUDSHULRGRIILYH\HDUVDIWHUFRPSOHWLRQRIWKHFRQWUDFW
&RQVXOWDQWPD\VDWLVI\WKLVUHTXLUHPHQWE\UHQHZDORIH[LVWLQJFRYHUDJHRUSXUFKDVHRIHLWKHU
SULRUDFWVRUWDLOFRYHUDJHDSSOLFDEOHWRVDLGILYH\HDUSHULRG
7. Acceptability of Insurers.,QVXUDQFHLVWREHSODFHGZLWKLQVXUHUVZLWKD%HVW¶VUDWLQJRI
QROHVVWKDQ$ 9,,
8. Subcontractors&RQVXOWDQWDJUHHVWRLQFOXGHZLWKDOOVXEFRQWUDFWRUVLQWKHLUVXEFRQWUDFW
WKHVDPHUHTXLUHPHQWVDQGSURYLVLRQVRIWKLVDJUHHPHQWLQFOXGLQJWKHLQGHPQLW\DQGLQVXUDQFH
UHTXLUHPHQWVWRWKHH[WHQWWKH\DSSO\WRWKHVFRSHRIWKHVXEFRQWUDFWRU
VZRUN6XEFRQWUDFWRUV
KLUHGE\&RQVXOWDQWVKDOODJUHHWREHERXQGWR&RQVXOWDQWDQG&LW\LQWKHVDPHPDQQHUDQGWRWKH
VDPHH[WHQWDV&RQVXOWDQWLVERXQGWRWKH&LW\XQGHUWKLVDJUHHPHQW6XEFRQWUDFWRUVVKDOOIXUWKHU
DJUHHWRLQFOXGHWKHVHVDPHSURYLVLRQVZLWKDQ\VXEVXEFRQWUDFWRU&RQVXOWDQWVKDOOSURYLGH
VXEFRQWUDFWRUZLWKDFRS\RIWKHLQGHPQLW\DQGLQVXUDQFHSURYLVLRQVRIWKLVDJUHHPHQWDVDSDUW
RI&RQVXOWDQW¶VVXEFRQWUDFWZLWKVXEFRQWUDFWRU&RQVXOWDQWVKDOOUHTXLUHDOOVXEFRQWUDFWRUVWR
SURYLGHDYDOLGFHUWLILFDWHRILQVXUDQFHDQGWKHUHTXLUHGHQGRUVHPHQWVLQFOXGHGLQWKHDJUHHPHQW
SULRUWRFRPPHQFHPHQWRIDQ\ZRUNDQGZLOOSURYLGHSURRIRIFRPSOLDQFHWRWKH&LW\
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
94
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI
9. Special Risks or Circumstances.&LW\UHVHUYHVWKHULJKWWRPRGLI\WKHVHUHTXLUHPHQWV
LQFOXGLQJOLPLWVEDVHGRQWKHQDWXUHRIWKHULVNSULRUH[SHULHQFHLQVXUHUFRYHUDJHRURWKHU
VSHFLDOFLUFXPVWDQFHV
-End of Exhibit B-
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
95
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
City of Saratoga Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQVXOWDQW
WRSURYLGHWKHZRUNSURGXFWGHVFULEHGLQ([KLELW$EHFDXVHLWODFNVWKHTXDOLILHG
SHUVRQQHOWRSURYLGHWKHVSHFLILHGZRUNSURGXFW&RQVXOWDQWLVTXDOLILHGWRSURYLGHWKH
UHTXLUHGZRUNSURGXFWDQGLVDJUHHDEOHWRSURYLGLQJVXFKZRUNSURGXFWRQWKHWHUPVDQG
FRQGLWLRQVLQWKLVDJUHHPHQW
1.1 In General$WDOOWLPHVGXULQJWKHWHUPRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOEH
DQLQGHSHQGHQWFRQWUDFWRUDQGVKDOOQRWEHDQHPSOR\HHRI&LW\&RQVXOWDQWVKDOO
FRPSOHWHWKH6FRSHRI:RUNKHUHXQGHULQDFFRUGDQFHZLWKFXUUHQWO\DSSURYHG
PHWKRGVDQGSUDFWLFHVLQ&RQVXOWDQW
VILHOG1RUHODWLRQVKLSRIHPSOR\HUDQG
HPSOR\HHLVFUHDWHGE\WKLVDJUHHPHQWEHWZHHQWKH&LW\DQG&RQVXOWDQWRUDQ\
VXEFRQWUDFWRURUHPSOR\HHRI&RQVXOWDQW&LW\VKDOOKDYHWKHULJKWWRFRQWURO
&RQVXOWDQWRQO\ZLWKUHVSHFWWRVSHFLI\LQJWKHUHVXOWVWREHREWDLQHGIURP
&RQVXOWDQWSXUVXDQWWRWKLVDJUHHPHQW&LW\VKDOOQRWKDYHWKHULJKWWRFRQWUROWKH
PHDQVE\ZKLFK&RQVXOWDQWDFFRPSOLVKHVVHUYLFHVUHQGHUHGSXUVXDQWWRWKLV
DJUHHPHQW$Q\WHUPVLQWKLVDJUHHPHQWUHIHUULQJWRGLUHFWLRQIURP&LW\VKDOOEH
FRQVWUXHGDVSURYLGLQJIRUGLUHFWLRQDVWRSROLF\DQGWKHUHVXOWRIWKH&RQVXOWDQW¶V
ZRUNRQO\DQGQRWDVWRWKHPHDQVE\ZKLFKVXFKDUHVXOWLVREWDLQHG
1.2 Non-Exclusive Contract.1RWKLQJFRQWDLQHGLQWKLVDJUHHPHQWVKDOOEH
FRQVWUXHGDVOLPLWLQJWKHULJKWRI&RQVXOWDQWWRHQJDJHLQ&RQVXOWDQW
VSURIHVVLRQ
VHSDUDWHDQGDSDUWIURPWKLVDJUHHPHQWVRORQJDVVXFKDFWLYLWLHVGRQRWLQWHUIHUH
RUFRQIOLFWZLWKWKHSHUIRUPDQFHE\&RQVXOWDQWRIWKHREOLJDWLRQVVHWIRUWKLQWKLV
DJUHHPHQW,QWHUIHUHQFHRUFRQIOLFWZLOOEHGHWHUPLQHGDWWKHVROHGLVFUHWLRQRIWKH
&LW\
1.3 Standard of Care.&RQVXOWDQWVKDOOFRPSOHWHWKH6FRSHRI:RUNUHTXLUHG
SXUVXDQWWRWKLVDJUHHPHQWLQWKHPDQQHUDQGDFFRUGLQJWRWKHVWDQGDUGVREVHUYHG
E\DFRPSHWHQWSUDFWLWLRQHURIWKHSURIHVVLRQLQZKLFK&RQVXOWDQWLVHQJDJHGLQ
WKHJHRJUDSKLFDODUHDLQZKLFK&RQVXOWDQWSUDFWLFHVLWVSURIHVVLRQ$OOZRUN
SURGXFWRIZKDWVRHYHUQDWXUHZKLFK&RQVXOWDQWGHOLYHUVWR&LW\SXUVXDQWWRWKLV
DJUHHPHQWVKDOOEHSUHSDUHGLQDVXEVWDQWLDOILUVWFODVVDQGZRUNPDQOLNHPDQQHU
DQGFRQIRUPWRWKHVWDQGDUGVRITXDOLW\QRUPDOO\REVHUYHGE\DSHUVRQSUDFWLFLQJ
LQ&RQVXOWDQW¶VSURIHVVLRQ
1.4 Qualifications.&RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWR&LW\WKDWWKH&RQVXOWDQWLV
TXDOLILHGWRSHUIRUPWKHVHUYLFHVDVFRQWHPSODWHGE\WKLVDJUHHPHQWDQGWKDWDOO
ZRUNSHUIRUPHGXQGHUWKLVDJUHHPHQWVKDOOEHSHUIRUPHGRQO\E\SHUVRQQHOXQGHU
WKHVXSHUYLVLRQRIWKH&RQVXOWDQWDVDQHPSOR\HHRULIDXWKRUL]HGE\WKH6FRSHRI
:RUNDVXEFRQWUDFWRU$OOSHUVRQQHOHQJDJHGLQWKHZRUNVKDOOEHIXOO\TXDOLILHG
DQGVKDOOEHDXWKRUL]HGOLFHQVHGDQGFHUWLILHGXQGHUVWDWHDQGORFDOODZWRSHUIRUP
VXFKZRUNLIDXWKRUL]DWLRQOLFHQVLQJRUFHUWLILFDWLRQLVUHTXLUHG7KH&RQVXOWDQW
VKDOOFRPPLWDGHTXDWHUHVRXUFHVDQGWLPHWRFRPSOHWHWKHSURMHFWZLWKLQWKH
SURMHFWVFKHGXOHVSHFLILHGLQWKLVDJUHHPHQW
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
96
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
1.5 Use of City Equipment.&LW\VKDOOQRWEHUHVSRQVLEOHIRUDQ\GDPDJHWRSHUVRQV
RUSURSHUW\DVDUHVXOWRIWKHXVHPLVXVHRUIDLOXUHRIDQ\HTXLSPHQWXVHGE\
&RQVXOWDQWRUE\DQ\RILWVHPSOR\HHVHYHQWKRXJKVXFKHTXLSPHQWEHIXUQLVKHG
UHQWHGRUORDQHGWR&RQVXOWDQWE\&LW\
1.6 Payment of Taxes and Other Expenses.6KRXOG&LW\LQLWVGLVFUHWLRQRUD
UHOHYDQWWD[LQJDXWKRULW\LQFOXGLQJEXWQRWOLPLWHGWRWKH,QWHUQDO5HYHQXH
6HUYLFHRUWKH6WDWH(PSOR\PHQW'HYHORSPHQW'LYLVLRQGHWHUPLQHWKDWWKH
&RQVXOWDQWLVDQHPSOR\HHIRUSXUSRVHVRIFROOHFWLRQRIDQ\HPSOR\PHQWWD[HV
WKHDPRXQWVSD\DEOHXQGHUWKLVDJUHHPHQWVKDOOEHUHGXFHGE\DPRXQWVHTXDOWR
ERWKWKHHPSOR\HHDQGHPSOR\HUSRUWLRQVRIWKHWD[GXH DQGRIIVHWWLQJDQ\
FUHGLWVIRUDPRXQWVDOUHDG\SDLGE\WKH&RQVXOWDQWZKLFKFDQEHDSSOLHGDJDLQVW
WKLVOLDELOLW\ &LW\VKDOOWKHQIRUZDUGWKRVHDPRXQWVWRWKHUHOHYDQWWD[LQJ
DXWKRULW\6KRXOGDUHOHYDQWWD[LQJDXWKRULW\GHWHUPLQHDOLDELOLW\IRUSDVW
VHUYLFHVSHUIRUPHGE\WKH&RQVXOWDQWIRU&LW\XSRQQRWLILFDWLRQRIVXFKIDFWE\
WKH&LW\WKH&RQVXOWDQWVKDOOSURPSWO\UHPLWVXFKDPRXQWGXHRUDUUDQJHZLWKWKH
&LW\WRKDYHWKHDPRXQWGXHZLWKKHOGIURPIXWXUHSD\PHQWVWRWKH&RQVXOWDQW
XQGHUWKLVDJUHHPHQW DJDLQRIIVHWWLQJDQ\DPRXQWVDOUHDG\SDLGE\WKH
&RQVXOWDQWZKLFKFDQEHDSSOLHGDVDFUHGLWDJDLQVWVXFKOLDELOLW\ $Q\
GHWHUPLQDWLRQRIHPSOR\PHQWVWDWXVDERYHVKDOOEHVROHO\IRUWKHSXUSRVHVRIWKH
SDUWLFXODUWD[LQTXHVWLRQDQGIRUDOORWKHUSXUSRVHVRIWKLVDJUHHPHQW7KH
&RQVXOWDQWVKDOOQRWEHFRQVLGHUHGDQHPSOR\HHRI&LW\1RWZLWKVWDQGLQJWKH
IRUHJRLQJVKRXOGDQ\FRXUWDUELWUDWRURUDGPLQLVWUDWLYHDXWKRULW\GHWHUPLQHWKDW
WKH&RQVXOWDQWLVDQHPSOR\HHIRUDQ\RWKHUSXUSRVHWKHQWKH&RQVXOWDQWDJUHHVWR
DUHGXFWLRQLQWKH&LW\
VILQDQFLDOOLDELOLW\VRWKDWWKH&LW\
VWRWDOH[SHQVHVXQGHU
WKLVDJUHHPHQWDUHQRWJUHDWHUWKDQWKH\ZRXOGKDYHEHHQKDGWKHFRXUWDUELWUDWRU
RUDGPLQLVWUDWLYHDXWKRULW\GHWHUPLQHGWKDWWKH&RQVXOWDQWZDVQRWDQHPSOR\HH
2. COMMUNICATION AND NOTICES7KH$GPLQLVWUDWRUGHVLJQDWHGLQVHFWLRQRQ
SDJHRIWKLVDJUHHPHQWLVDXWKRUL]HGWRUHFHLYHLQIRUPDWLRQLQWHUSUHWDQGGHILQH&LW\
V
SROLFLHVFRQVLVWHQWZLWKWKLVDJUHHPHQWDQGFRPPXQLFDWHZLWK&RQVXOWDQWFRQFHUQLQJ
WKLVDJUHHPHQW$OOFRUUHVSRQGHQFHDQGRWKHUFRPPXQLFDWLRQVVKDOOEHGLUHFWHGWRRU
WKURXJKWKH$GPLQLVWUDWRURUWKH$GPLQLVWUDWRU¶VGHVLJQHH
2.1 In General.$OOQRWLFHVRUFRPPXQLFDWLRQFRQFHUQLQJDSDUW\
VFRPSOLDQFHZLWK
WKHWHUPVRIWKLVDJUHHPHQWVKDOOEHLQZULWLQJDQGPD\EHJLYHQHLWKHUSHUVRQDOO\
E\FHUWLILHGPDLOUHWXUQUHFHLSWUHTXHVWHGRUE\RYHUQLJKWH[SUHVVFDUULHU7KH
QRWLFHVKDOOEHGHHPHGWRKDYHEHHQJLYHQDQGUHFHLYHGRQWKHGDWHGHOLYHUHGLQ
SHUVRQRUWKHGDWHXSRQZKLFKWKHSRVWDODXWKRULW\RURYHUQLJKWH[SUHVVFDUULHU
LQGLFDWHVWKDWWKHPDLOLQJZDVGHOLYHUHGWRWKHDGGUHVVRIWKHUHFHLYLQJSDUW\7KH
SDUWLHVVKDOOPDNHJRRGIDLWKHIIRUWVWRSURYLGHDGYDQFHFRXUWHV\QRWLFHRIDQ\
QRWLFHVRUFRPPXQLFDWLRQVKHUHXQGHUYLDHPDLO+RZHYHUXQGHUQR
FLUFXPVWDQFHVVKDOOVXFKFRXUWHV\QRWLFHVDWLVI\WKHQRWLFHUHTXLUHPHQWVVHWIRUWK
DERYH QRUVKDOOODFNRIVXFKFRXUWHV\QRWLFHDIIHFWWKHYDOLGLW\RIVHUYLFHSXUVXDQW
WRWKHQRWLFHUHTXLUHPHQWVHWIRUWKDERYH
2.2 Addresses for Notice.1RWLFHVRUFRPPXQLFDWLRQVVKDOOEHJLYHQWRWKHSDUWLHVDW
WKHDGGUHVVHVVHWIRUWKLQVHFWLRQ ³&RQWUDFW$GPLQLVWUDWLRQ´ XQOHVVRWKHUZLVH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
97
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
GHVLJQDWHGLQDZULWWHQQRWLFHWRWKHRWKHUSDUW\,QDGGLWLRQQRWLFHVWR&LW\VKDOO
EHFRSLHGWR
-DPHV/LQGVD\
&LW\0DQDJHU
&LW\RI6DUDWRJD
)UXLWYDOH$YHQXH
6DUDWRJD&$
'HEELH%UHWVFKQHLGHU
&LW\&OHUN
&LW\RI6DUDWRJD
)UXLWYDOH$YHQXH
6DUDWRJD&$
7KHVHFRSLHVVKDOOQRWFRQVWLWXWHQRWLFH
2.3 Change of Address.$Q\SDUW\KHUHWRE\JLYLQJWHQ GD\VZULWWHQQRWLFHWR
WKHRWKHUPD\GHVLJQDWHDQ\RWKHUDGGUHVVDVVXEVWLWXWLRQRIWKHDGGUHVVWRZKLFK
WKHQRWLFHRUFRPPXQLFDWLRQVKDOOEHJLYHQ
3. PAYMENT. 7KHSD\PHQWVVSHFLILHGLQWKLVSDUDJUDSKVKDOOEHWKHRQO\SD\PHQWVWREH
PDGHWR&RQVXOWDQWLQFRQQHFWLRQZLWK&RQVXOWDQW¶VFRPSOHWLRQRIWKH6FRSHRI:RUN
SXUVXDQWWRWKLVDJUHHPHQW5HLPEXUVDEOHH[SHQVHVVKDOOEHELOOHGRQO\DWWKHLUDFWXDO
FRVW&RQVXOWDQWVKDOOVXEPLWDOOELOOLQJVWR&LW\DQG&LW\VKDOOSD\VXFKELOOLQJVLQWKH
PDQQHUVSHFLILHGLQWKLVSDUDJUDSK3D\PHQWVKDOOEHPDGHSD\DEOHWR&RQVXOWDQWDQG
GHOLYHUHGWRWKHDGGUHVVVSHFLILHGLQVHFWLRQRQSDJHRIWKLVDJUHHPHQW7KHPDNLQJ
RIDQ\SD\PHQWE\&LW\RUWKHUHFHLSWWKHUHRIE\WKH&RQVXOWDQWVKDOOLQQRZD\OHVVHQ
WKHOLDELOLW\RIWKH&RQVXOWDQWWRFRUUHFWRUUHYLVHXQVDWLVIDFWRU\ZRUNHYHQWKRXJKWKH
XQVDWLVIDFWRU\FKDUDFWHURIVXFKZRUNPD\QRWKDYHEHHQDSSDUHQWRUGHWHFWHGDWWKHWLPH
VXFKSD\PHQWZDVPDGH&LW\PD\ZLWKKROGSD\PHQWWR&RQVXOWDQWLQDQ\LQVWDQFHLQ
ZKLFKWKH&RQVXOWDQWKDVIDLOHGRUUHIXVHGWRVDWLVI\DQ\PDWHULDOREOLJDWLRQSURYLGHGIRU
LQWKLVDJUHHPHQW,QQRHYHQWVKDOO&LW\EHOLDEOHIRULQWHUHVWRUODWHFKDUJHVIRUDQ\ODWH
SD\PHQWV
3.1 Time and Materials.,IWKLVFRQWUDFWLVGHVLJQDWHGDVD7LPHDQG0DWHULDOV
FRQWUDFWLQYRLFLQJDQGSD\PHQWVKDOOEHDVIROORZV
(a)&RQVXOWDQWVKDOOVXEPLWLQYRLFHVQRWPRUHRIWHQWKDQRQFHDPRQWKGXULQJ
WKHWHUPRIWKLVDJUHHPHQWEDVHGRQWKHFRVWIRUZRUNSHUIRUPHGLQ
DFFRUGDQFHZLWKWKH5DWH6FKHGXOHLQWKH6FRSHRI:RUNDQGDXWKRUL]HG
UHLPEXUVDEOHH[SHQVHVLQFXUUHGSULRUWRWKHLQYRLFHGDWH,QYRLFHVVKDOO
FRQWDLQWKHIROORZLQJLQIRUPDWLRQ
(i)6HULDOLGHQWLILFDWLRQVRIELOOVLH%LOO1R
(ii)7KHEHJLQQLQJDQGHQGLQJGDWHVRIWKHELOOLQJSHULRG
(iii)$VXPPDU\FRQWDLQLQJWKHWRWDOFRQWUDFWDPRXQWWKHDPRXQWRI
SULRUELOOLQJVWKHWRWDOGXHWKLVSHULRGSHUFHQWDJHRIZRUN
FRPSOHWHGWKHUHPDLQLQJEDODQFHDYDLODEOHIRUDOOUHPDLQLQJ
ELOOLQJSHULRGVDQGDEULHIGHVFULSWLRQRIZRUNFRPSOHWHGGXULQJ
WKHELOOLQJSHULRG
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
98
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
(b)&LW\VKDOOPDNHPRQWKO\SD\PHQWVEDVHGRQVXFKLQYRLFHVIRU
VDWLVIDFWRU\SURJUHVVLQFRPSOHWLRQRIWKH6FRSHRI:RUNDQGIRU
DXWKRUL]HGUHLPEXUVDEOHH[SHQVHVLQFXUUHG
3.2 Lump Sum.,IWKLVFRQWUDFWLVGHVLJQDWHGDVD/XPS6XPFRQWUDFWRQSDJH
IROORZLQJFRPSOHWLRQRIWKHZRUN&RQVXOWDQWVKDOOVXEPLWDVLQJOHLQYRLFH
FRQWDLQLQJWKHEHJLQQLQJDQGHQGLQJGDWHVRIWKHELOOLQJSHULRGDQGWKHWRWDO
FRQWUDFWDPRXQW&LW\VKDOOPDNHDVLQJOHSD\PHQWEDVHGRQVXFKLQYRLFHIRU
VDWLVIDFWRU\FRPSOHWLRQRIWKH6FRSHRI:RUN
4. CONTRACTOR NOT AGENT.([FHSWDV&LW\PD\VSHFLI\LQZULWLQJ&RQVXOWDQW
VKDOOKDYHQRDXWKRULW\H[SUHVVRULPSOLHGWRDFWRQEHKDOIRI&LW\LQDQ\FDSDFLW\
ZKDWVRHYHUDVDQDJHQW&RQVXOWDQWVKDOOKDYHQRDXWKRULW\H[SUHVVRULPSOLHGSXUVXDQW
WRWKLVDJUHHPHQWWRELQG&LW\WRDQ\REOLJDWLRQZKDWVRHYHU
5. BENEFITS AND TAXES. &RQVXOWDQWVKDOOQRWKDYHDQ\FODLPXQGHUWKLVDJUHHPHQWRU
RWKHUZLVHDJDLQVW&LW\IRUVHQLRULW\YDFDWLRQWLPHYDFDWLRQSD\VLFNOHDYHSHUVRQDOWLPH
RIIRYHUWLPHKHDOWKLQVXUDQFHPHGLFDOFDUHKRVSLWDOFDUHLQVXUDQFHEHQHILWVVRFLDO
VHFXULW\GLVDELOLW\XQHPSOR\PHQWZRUNHUVFRPSHQVDWLRQRUHPSOR\HHEHQHILWVRIDQ\
NLQG&RQVXOWDQWVKDOOEHVROHO\OLDEOHIRUDQGREOLJDWHGWRSD\GLUHFWO\DOODSSOLFDEOH
WD[HVLQFOXGLQJEXWQRWOLPLWHGWRIHGHUDODQGVWDWHLQFRPHWD[HVDQGLQFRQQHFWLRQ
WKHUHZLWK&RQVXOWDQWVKDOOLQGHPQLI\DQGKROG&LW\KDUPOHVVIURPDQ\DQGDOOOLDELOLW\
WKDW&LW\PD\LQFXUEHFDXVHRI&RQVXOWDQW
VIDLOXUHWRSD\VXFKWD[HV&LW\VKDOOKDYHQR
REOLJDWLRQZKDWVRHYHUWRSD\RUZLWKKROGDQ\WD[HVRQEHKDOIRI&RQVXOWDQW
6. ASSIGNMENT PROHIBITED.7KHVHUYLFHVWREHSHUIRUPHGE\WKH&RQVXOWDQWDUH
SHUVRQDOLQFKDUDFWHUDQGQRSDUW\WRWKLVDJUHHPHQWPD\DVVLJQDQ\ULJKWRUREOLJDWLRQ
XQGHUWKLVDJUHHPHQW$Q\DWWHPSWHGRUSXUSRUWHGDVVLJQPHQWRIDQ\ULJKWRUREOLJDWLRQ
XQGHUWKLVDJUHHPHQWVKDOOEHYRLGDQGRIQRHIIHFW+RZHYHUZLWKWKHFRQVHQWRIWKH
&LW\JLYHQLQZULWLQJ&RQVXOWDQWLVHQWLWOHGWRVXEFRQWUDFWVXFKSRUWLRQVRIWKHZRUNWREH
SHUIRUPHGXQGHUWKLVDJUHHPHQWDVPD\EHVSHFLILHGE\&LW\
7. PERSONNEL.&RQVXOWDQWVKDOODVVLJQRQO\FRPSHWHQWSHUVRQQHOWRFRPSOHWHWKH6FRSH
RI:RUNSXUVXDQWWRWKLVDJUHHPHQW,QWKHHYHQWWKDW&LW\LQLWVVROHGLVFUHWLRQDWDQ\
WLPHGXULQJWKHWHUPRIWKLVDJUHHPHQWGHVLUHVWKHUHPRYDORIDQ\VXFKSHUVRQV
&RQVXOWDQWVKDOOLPPHGLDWHO\XSRQUHFHLYLQJQRWLFHIURPFLW\RIVXFKGHVLUHRI&LW\
FDXVHWKHUHPRYDORIVXFKSHUVRQRUSHUVRQVIURPZRUNLQFRQQHFWLRQZLWKWKH6FRSHRI
:RUN
8. CONFLICT OF INTEREST.
8.1 In General.&RQVXOWDQWXQGHUVWDQGVWKDWLWVSURIHVVLRQDOUHVSRQVLELOLW\LVVROHO\
WR&LW\&RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWKDWLWSUHVHQWO\KDVQRLQWHUHVWDQG
ZLOOQRWDFTXLUHDQ\GLUHFWRULQGLUHFWLQWHUHVWWKDWZRXOGFRQIOLFWZLWKLWV
SHUIRUPDQFHRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOQRWHPSOR\RUVXEFRQWUDFWZLWKD
SHUVRQKDYLQJVXFKDQLQWHUHVWLQWKHSHUIRUPDQFHRIWKLVDJUHHPHQW
8.2 Subsequent Conflict of Interest.&RQVXOWDQWDJUHHVWKDWLIDQDFWXDORUSRWHQWLDO
FRQIOLFWRILQWHUHVWRQWKHSDUWRI&RQVXOWDQWLVGLVFRYHUHGDIWHUDZDUGWKH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
99
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
&RQVXOWDQWZLOOPDNHDIXOOGLVFORVXUHLQZULWLQJWRWKH&LW\7KLVGLVFORVXUHVKDOO
LQFOXGHDGHVFULSWLRQRIDFWLRQVZKLFKWKH&RQVXOWDQWKDVWDNHQRUSURSRVHVWR
WDNHDIWHUFRQVXOWDWLRQZLWKWKH&LW\WRDYRLGPLWLJDWHRUQHXWUDOL]HWKHDFWXDORU
SRWHQWLDOFRQIOLFW:LWKLQGD\VWKH&RQVXOWDQWVKDOOKDYHWDNHQDOOQHFHVVDU\
VWHSVWRDYRLGPLWLJDWHRUQHXWUDOL]HWKHFRQIOLFWRILQWHUHVWWRWKHVDWLVIDFWLRQRI
WKH&LW\
8.3 Interests of City Officers and Staff.1RRIILFHUPHPEHURUHPSOR\HHRI&LW\
DQGQRPHPEHURIWKH&LW\&RXQFLOVKDOOKDYHDQ\SHFXQLDU\LQWHUHVWGLUHFWRU
LQGLUHFWLQWKLVDJUHHPHQWRUWKHSURFHHGVWKHUHRI1HLWKHU&RQVXOWDQWQRUDQ\
PHPEHURIDQ\&RQVXOWDQW¶VIDPLO\VKDOOVHUYHRQDQ\&LW\ERDUGRUFRPPLWWHHRU
KROGDQ\VXFKSRVLWLRQZKLFKHLWKHUE\UXOHSUDFWLFHRUDFWLRQQRPLQDWHV
UHFRPPHQGVRUVXSHUYLVHV&RQVXOWDQW
VSHUIRUPDQFHRIWKH6FRSHRI:RUNRU
DXWKRUL]HVIXQGLQJWR&RQVXOWDQW
9. COMPLIANCE WITH LAWS
9.1 In General. &RQVXOWDQWVKDOONHHSLWVHOIIXOO\LQIRUPHGRIDQGFRPSO\ZLWKDOO
ODZVSROLFLHVJHQHUDOUXOHVDQGUHJXODWLRQVHVWDEOLVKHGE\&LW\DQGVKDOOFRPSO\
ZLWKWKHFRPPRQODZDQGDOOODZVRUGLQDQFHVFRGHVDQGUHJXODWLRQVRI
JRYHUQPHQWDODJHQFLHV LQFOXGLQJIHGHUDOVWDWHPXQLFLSDODQGORFDOJRYHUQLQJ
ERGLHV DSSOLFDEOHWRWKHSHUIRUPDQFHRIWKH6FRSHRI:RUNKHUHXQGHU
9.2 Licenses and Permits. &RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWR&LW\WKDWLWKDVDOO
OLFHQVHVSHUPLWVTXDOLILFDWLRQVDQGDSSURYDOVRIZKDWVRHYHUQDWXUHZKLFKDUH
OHJDOO\UHTXLUHGIRU&RQVXOWDQWWRSUDFWLFHLWVSURIHVVLRQ&RQVXOWDQWUHSUHVHQWV
DQGZDUUDQWVWR&LW\WKDW&RQVXOWDQWVKDOODWLWVVROHFRVWDQGH[SHQVHNHHSLQ
HIIHFWDWDOOWLPHVGXULQJWKHWHUPRIWKLVDJUHHPHQWDQ\OLFHQVHVSHUPLWVDQG
DSSURYDOVZKLFKDUHOHJDOO\UHTXLUHGIRU&RQVXOWDQWWRSUDFWLFHLWVSURIHVVLRQ,Q
DGGLWLRQWRWKHIRUHJRLQJ&RQVXOWDQWVKDOOREWDLQDQGPDLQWDLQGXULQJWKHWHUP
KHUHRIDYDOLG&LW\RI6DUDWRJD%XVLQHVV/LFHQVH
10. WORK PRODUCT AND RECORDS
10.1 Property of City.$OOUHSRUWVGDWDPDSVPRGHOVFKDUWVVWXGLHVVXUYH\V
SKRWRJUDSKVPHPRUDQGDRURWKHUZULWWHQGRFXPHQWVRUPDWHULDOVSUHSDUHGE\
&RQVXOWDQWSXUVXDQWWRWKLVDJUHHPHQWVKDOOEHFRPHWKHSURSHUW\RI&LW\XSRQ
FRPSOHWLRQRIWKHZRUNWREHSHUIRUPHGKHUHXQGHURUXSRQWHUPLQDWLRQRIWKLV
DJUHHPHQW:LWKRXWOLPLWLQJWKHJHQHUDOLW\RIWKHIRUHJRLQJLILQFRQQHFWLRQ
ZLWKVHUYLFHVSHUIRUPHGXQGHUWKLVDJUHHPHQWWKH&RQVXOWDQWRULWVVXEFRQWUDFWRUV
FUHDWHDUWZRUNFRS\SRVWHUVELOOERDUGVSKRWRJUDSKVYLGHRWDSHVDXGLRWDSHV
V\VWHPVGHVLJQVVRIWZDUHUHSRUWVGLDJUDPVVXUYH\VVRXUFHFRGHVRUDQ\RWKHU
RULJLQDOZRUNVRIDXWKRUVKLSVXFKZRUNVRIDXWKRUVKLSVKDOOEHZRUNVIRUKLUHDV
GHILQHGXQGHU7LWOHRIWKH8QLWHG6WDWHV&RGHDQGDOOFRS\ULJKWVLQVXFKZRUNV
DUHWKHSURSHUW\RI&LW\,ILWLVHYHUGHWHUPLQHGWKDWDQ\ZRUNVFUHDWHGE\WKH
&RQVXOWDQWRULWVVXEFRQWUDFWRUVXQGHUWKLVDJUHHPHQWDUHQRWZRUNVIRUKLUHXQGHU
86ODZWKH&RQVXOWDQWKHUHE\DVVLJQVDOOFRS\ULJKWVWRVXFKZRUNVWR&LW\
JUDQWV&LW\DUR\DOW\IUHHH[FOXVLYHDQGLUUHYRFDEOHOLFHQVHWRUHSURGXFH
SXEOLVKXVHDQGWRDXWKRUL]HRWKHUVWRGRVRDOOVXFKZRUNVDQGDJUHHVWRSURYLGH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
100
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
DQ\PDWHULDODQGH[HFXWHDQ\GRFXPHQWVQHFHVVDU\WRHIIHFWXDWHVXFKDVVLJQPHQW
DQGOLFHQVH7KH&RQVXOWDQWPD\UHWDLQDQGXVHFRSLHVRIVXFKZRUNVIRU
UHIHUHQFHDQGDVGRFXPHQWDWLRQRILWVH[SHULHQFHDQGFDSDELOLWLHV
10.2 Intellectual Property. &RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWKDWLWKDVWKHOHJDO
ULJKWWRXWLOL]HDOOLQWHOOHFWXDOSURSHUW\LWZLOOXWLOL]HLQWKHSHUIRUPDQFHRIWKLV
DJUHHPHQW&RQVXOWDQWIXUWKHUUHSUHVHQWVWKDWLWVKDOOHQVXUH&LW\KDVWKHOHJDO
ULJKWWRXWLOL]HDOOLQWHOOHFWXDOSURSHUW\LQYROYHGLQDQGRUUHVXOWLQJIURP
&RQVXOWDQW¶VSHUIRUPDQFHRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOLQGHPQLI\DQGKROG
&LW\KDUPOHVVIURPDOOORVVDQGOLDELOLW\LQFOXGLQJDWWRUQH\V¶IHHVFRXUWFRVWVDQG
DOORWKHUOLWLJDWLRQH[SHQVHVIRUDQ\LQIULQJHPHQWRIWKHSDWHQWULJKWVFRS\ULJKW
WUDGHVHFUHWRUDQ\RWKHUSURSULHWDU\ULJKWRUWUDGHPDUNDQGDOORWKHULQWHOOHFWXDO
SURSHUW\FODLPVRIDQ\SHUVRQRUSHUVRQVLQFRQVHTXHQFHRIWKHXVHE\&LW\RU
DQ\RILWVRIILFHUVRUDJHQWVRIDUWLFOHVRUVHUYLFHVWREHVXSSOLHGLQWKH
SHUIRUPDQFHRIWKLVDJUHHPHQW
10.3 Retention of Records. 8QWLOWKHH[SLUDWLRQRIILYH\HDUVDIWHUWKHIXUQLVKLQJRI
DQ\VHUYLFHVSXUVXDQWWRWKLVDJUHHPHQW&RQVXOWDQWVKDOOUHWDLQDQGPDNH
DYDLODEOHWRWKH&LW\RUDQ\SDUW\GHVLJQDWHGE\WKH&LW\XSRQZULWWHQUHTXHVWE\
&LW\WKLVDJUHHPHQWDQGVXFKERRNVGRFXPHQWVDQGUHFRUGVRI&RQVXOWDQW DQG
DQ\ERRNVGRFXPHQWVDQGUHFRUGVRIDQ\VXEFRQWUDFWRU V WKDWDUHQHFHVVDU\RU
FRQYHQLHQWIRUDXGLWSXUSRVHVWRFHUWLI\WKHQDWXUHDQGH[WHQWRIWKHUHDVRQDEOH
FRVWRIVHUYLFHVWR&LW\
10.4 Use of Recycled Paper and Electronic Documents.&RQVXOWDQWVKDOOSUHSDUH
DQGVXEPLWDOOUHSRUWVZULWWHQVWXGLHVDQGRWKHUSULQWHGPDWHULDORQUHF\FOHG
SDSHUWRWKHH[WHQWLWLVDYDLODEOHDWHTXDORUOHVVFRVWWKDQYLUJLQSDSHU
'RFXPHQWVVKDOOEHSULQWHGRQERWKVLGHVRIWKHSDJHDQG&LW\VKDOOEHSURYLGHG
ZLWKHOHFWURQLFFRSLHVRIGRFXPHQWV LQ:RUGRUSGIIRUPDW H[FHSWZKHUH
XQXVXDOFLUFXPVWDQFHVPDNHLWLQIHDVLEOHWRGRVR
11. CONFIDENTIAL INFORMATION&RQVXOWDQWVKDOOKROGDQ\FRQILGHQWLDO
LQIRUPDWLRQUHFHLYHGIURP&LW\LQWKHFRXUVHRISHUIRUPLQJWKLVDJUHHPHQWLQWUXVWDQG
FRQILGHQFHDQGZLOOQRWUHYHDOVXFKFRQILGHQWLDOLQIRUPDWLRQWRDQ\SHUVRQRUHQWLW\
HLWKHUGXULQJWKHWHUPRIWKHDJUHHPHQWRUDWDQ\WLPHWKHUHDIWHU8SRQH[SLUDWLRQRIWKLV
DJUHHPHQWRUWHUPLQDWLRQDVSURYLGHGKHUHLQ&RQVXOWDQWVKDOOUHWXUQPDWHULDOVZKLFK
FRQWDLQDQ\FRQILGHQWLDOLQIRUPDWLRQWR&LW\&RQVXOWDQWPD\NHHSRQHFRS\IRULWV
FRQILGHQWLDOILOH)RUSXUSRVHVRIWKLVSDUDJUDSKFRQILGHQWLDOLQIRUPDWLRQLVGHILQHGDVDOO
LQIRUPDWLRQGLVFORVHGWR&RQVXOWDQWZKLFKUHODWHVWR&LW\
VSDVWSUHVHQWDQGIXWXUH
DFWLYLWLHVDVZHOODVDFWLYLWLHVXQGHUWKLVDJUHHPHQWZKLFKLQIRUPDWLRQLVQRWRWKHUZLVH
RISXEOLFUHFRUGXQGHU&DOLIRUQLDODZ
12. RESPONSIBILITY OF CONSULTANT&RQVXOWDQWVKDOOWDNHDOOUHVSRQVLELOLW\IRU
WKHZRUNVKDOOEHDUDOOORVVHVDQGGDPDJHVGLUHFWO\RULQGLUHFWO\UHVXOWLQJWR&RQVXOWDQW
WRDQ\VXEFRQWUDFWRUWRWKH&LW\WR&LW\RIILFHUVDQGHPSOR\HHVRUWRSDUWLHVGHVLJQDWHG
E\WKH&LW\RQDFFRXQWRIWKHSHUIRUPDQFHRUFKDUDFWHURIWKHZRUNXQIRUHVHHQ
GLIILFXOWLHVDFFLGHQWVRFFXUUHQFHVRURWKHUFDXVHVWRWKHH[WHQWSUHGLFDWHGRQDFWLYHRU
SDVVLYHQHJOLJHQFHRIWKH&RQVXOWDQWRURIDQ\VXEFRQWUDFWRU
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
101
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
13. INDEMNIFICATION. &RQVXOWDQWDQG&LW\DJUHHWKDW&LW\LWVHPSOR\HHVDJHQWVDQG
RIILFLDOVVKDOOEHIXOO\SURWHFWHGIURPDQ\ORVVLQMXU\GDPDJHFODLPODZVXLWFRVW
H[SHQVHDWWRUQH\VIHHVOLWLJDWLRQFRVWVGHIHQVHFRVWVFRXUWFRVWVRUDQ\RWKHUFRVW
LQFXUUHGLQUHODWLRQWRDVDFRQVHTXHQFHRIRUDULVLQJRXWRIRULQDQ\ZD\DWWULEXWDEOH
DFWXDOO\DOOHJHGO\RULPSOLHGO\LQZKROHRULQSDUWWRWKHSHUIRUPDQFHRIWKLVDJUHHPHQW
DVVHWIRUWKEHORZ$FFRUGLQJO\WKHSURYLVLRQVRIWKLVLQGHPQLW\SURYLVLRQDUHLQWHQGHG
E\WKHSDUWLHVWREHLQWHUSUHWHGDQGFRQVWUXHGWRSURYLGHWKHIXOOHVWSURWHFWLRQSRVVLEOH
XQGHUWKHODZWRWKH&LW\&RQVXOWDQWDFNQRZOHGJHVWKDW&LW\ZRXOGQRWHQWHULQWRWKLV
DJUHHPHQWLQWKHDEVHQFHRIWKHFRPPLWPHQWRI&RQVXOWDQWWRLQGHPQLI\DQGSURWHFW&LW\
DVVHWIRUWKEHORZ
13.1 General Indemnity7RWKHIXOOHVWH[WHQWSHUPLWWHGE\ODZ&RQVXOWDQWVKDOO
LQGHPQLI\DQGKROGKDUPOHVV&LW\LWVHPSOR\HHVDJHQWVDQGRIILFLDOVIURPDQ\
OLDELOLW\FODLPVVXLWVDFWLRQVDUELWUDWLRQSURFHHGLQJVDGPLQLVWUDWLYH
SURFHHGLQJVUHJXODWRU\SURFHHGLQJVORVVHVH[SHQVHVRUFRVWV LQFOXGLQJZLWKRXW
OLPLWDWLRQFRVWVDQGIHHVRIDOWHUQDWLYHGLVSXWHUHVROXWLRQDQGOLWLJDWLRQ RIDQ\
NLQGZKDWVRHYHUZLWKRXWUHVWULFWLRQRUOLPLWDWLRQLQFXUUHGLQUHODWLRQWRDVD
FRQVHTXHQFHRIRUDULVLQJRXWRIRULQDQ\ZD\DWWULEXWDEOHDFWXDOO\DOOHJHGO\RU
LPSOLHGO\LQZKROHRULQSDUWWR&RQVXOWDQWRULWVHPSOR\HHVDJHQWVRU
VXEFRQWUDFWRUV$OOREOLJDWLRQVXQGHUWKLVSURYLVLRQDUHWREHSDLGE\&RQVXOWDQW
DVWKH\DUHLQFXUUHGE\WKH&LW\
13.2 Duty to Defend.,QDGGLWLRQWR&RQVXOWDQW¶VREOLJDWLRQWRLQGHPQLI\&LW\
&RQVXOWDQWVKDOOGHIHQGLQDOOOHJDOHTXLWDEOHDGPLQLVWUDWLYHRUVSHFLDO
SURFHHGLQJVZLWKFRXQVHODSSURYHGE\WKH&LW\WKH&LW\DQGLWVFRXQFLOPHPEHUV
RIILFHUVDQGHPSOR\HHVLPPHGLDWHO\XSRQWHQGHUWR&RQVXOWDQWRIWKHFODLPLQ
DQ\IRUPRUDWDQ\VWDJHRIDQDFWLRQRUSURFHHGLQJZKHWKHURUQRWOLDELOLW\LV
HVWDEOLVKHG$QDOOHJDWLRQRUGHWHUPLQDWLRQWKDWSHUVRQVRWKHUWKDQ&RQVXOWDQWDUH
UHVSRQVLEOHIRUWKHFODLPGRHVQRWUHOLHYH&RQVXOWDQWIURPLWVVHSDUDWHDQGGLVWLQFW
REOLJDWLRQWRGHIHQG7KHREOLJDWLRQWRGHIHQGH[WHQGVWKURXJKILQDOMXGJPHQW
LQFOXGLQJH[KDXVWLRQRIDQ\DSSHDOV7KHGHIHQVHREOLJDWLRQLQFOXGHVDQ
REOLJDWLRQWRSURYLGHLQGHSHQGHQWGHIHQVHFRXQVHOLI&RQVXOWDQWDVVHUWVWKDW
OLDELOLW\LVFDXVHGLQZKROHRULQSDUWE\WKHQHJOLJHQFHRUZLOOIXOPLVFRQGXFWRI
WKHLQGHPQLILHGSDUW\,ILWLVILQDOO\DGMXGLFDWHGWKDWOLDELOLW\ZDVFDXVHGVROHO\E\
WKHQHJOLJHQFHRUZLOOIXOPLVFRQGXFWRIDQLQGHPQLILHGSDUW\&RQVXOWDQWPD\
VXEPLWDFODLPWRWKH&LW\IRUUHLPEXUVHPHQWRIUHDVRQDEOHDWWRUQH\V¶IHHVDQG
GHIHQVHFRVWVLQSURSRUWLRQWRWKHHVWDEOLVKHGFRPSDUDWLYHOLDELOLW\RIWKH
LQGHPQLILHGSDUW\
13.3 Limitation on Indemnity:LWKRXWDIIHFWLQJWKHULJKWVRI&LW\XQGHUDQ\
SURYLVLRQRIWKLVDJUHHPHQWRUWKLVVHFWLRQ&RQVXOWDQWVKDOOQRWEHUHTXLUHGWR
GHIHQGLQGHPQLI\DQGKROGKDUPOHVV&LW\DVVHWIRUWKDERYHIRUOLDELOLW\
DWWULEXWDEOHWRWKHVROHIDXOWRI&LW\SURYLGHGVXFKVROHIDXOWLVGHWHUPLQHGE\
DJUHHPHQWEHWZHHQWKHSDUWLHVRUWKHILQGLQJVRIDFRXUWRIFRPSHWHQWMXULVGLFWLRQ
7KLVH[FHSWLRQZLOODSSO\RQO\LQLQVWDQFHVZKHUHWKH&LW\LVVKRZQWRKDYHEHHQ
VROHO\DWIDXOWDQGQRWLQLQVWDQFHVZKHUH&RQVXOWDQWLVVROHO\RUSDUWLDOO\DWIDXOW
RULQLQVWDQFHVZKHUH&LW\
VIDXOWDFFRXQWVIRURQO\DSHUFHQWDJHRIWKHOLDELOLW\
LQYROYHG,QWKRVHLQVWDQFHVWKHREOLJDWLRQRI&RQVXOWDQWZLOOEHDOOLQFOXVLYHDQG
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
102
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
&LW\ZLOOEHKHOGKDUPOHVVLQGHPQLILHGDQGGHIHQGHGIRUDOOOLDELOLW\LQFXUUHG
HYHQWKRXJKDSHUFHQWDJHRIWKHOLDELOLW\LVDWWULEXWDEOHWRFRQGXFWRIWKH&LW\
13.4 Acknowledgement.&RQVXOWDQWDFNQRZOHGJHVWKDWLWVREOLJDWLRQSXUVXDQWWRWKLV
VHFWLRQH[WHQGVWROLDELOLW\DWWULEXWDEOHWR&LW\LIWKDWOLDELOLW\LVOHVVWKDQWKHVROH
IDXOWRI&LW\&RQVXOWDQWKDVQRREOLJDWLRQXQGHUWKLVDJUHHPHQWIRUOLDELOLW\
SURYHQLQDFRXUWRIFRPSHWHQWMXULVGLFWLRQRUE\ZULWWHQDJUHHPHQWEHWZHHQWKH
SDUWLHVWREHWKHVROHIDXOWRI&LW\
13.5 Scope of Consultant Obligation7KHREOLJDWLRQVRI&RQVXOWDQWXQGHUWKLVRU
DQ\RWKHUSURYLVLRQRIWKLVDJUHHPHQWZLOOQRWEHOLPLWHGE\WKHSURYLVLRQVRIDQ\
ZRUNHUV
FRPSHQVDWLRQDFWRUVLPLODUDFW&RQVXOWDQWH[SUHVVO\ZDLYHVLWVVWDWXWRU\
LPPXQLW\XQGHUVXFKVWDWXWHVRUODZVDVWR&LW\LWVHPSOR\HHVDQGRIILFLDOV
13.6 Subcontractors.&RQVXOWDQWDJUHHVWRREWDLQH[HFXWHGLQGHPQLW\DJUHHPHQWV
ZLWKSURYLVLRQVLGHQWLFDOWRWKRVHVHWIRUWKKHUHLQWKLVVHFWLRQIURPHDFKDQG
HYHU\VXEFRQWUDFWRUVXEWLHUFRQWUDFWRURUDQ\RWKHUSHUVRQRUHQWLW\LQYROYHGE\
IRUZLWKRURQEHKDOIRI&RQVXOWDQWLQWKHSHUIRUPDQFHRUVXEMHFWPDWWHURIWKLV
DJUHHPHQW
13.7 No Waiver)DLOXUHRI&LW\WRPRQLWRUFRPSOLDQFHZLWKWKHVHUHTXLUHPHQWV
LPSRVHVQRDGGLWLRQDOREOLJDWLRQVRQ&LW\DQGZLOOLQQRZD\DFWDVDZDLYHURI
DQ\ULJKWVKHUHXQGHU7KLVREOLJDWLRQWRLQGHPQLI\DQGGHIHQG&LW\DVVHWIRUWK
KHUHLQLVELQGLQJRQWKHVXFFHVVRUVDVVLJQVRUKHLUVRI&RQVXOWDQWDQGVKDOO
VXUYLYHWKHWHUPLQDWLRQRIWKLVDJUHHPHQWRUWKLVVHFWLRQ)RUSXUSRVHVRI6HFWLRQ
RIWKH&LYLO&RGHWKHSDUWLHVKHUHWRUHFRJQL]HDQGDJUHHWKDWWKLVDJUHHPHQW
LVQRWDFRQVWUXFWLRQFRQWUDFW%\H[HFXWLRQRIWKLVDJUHHPHQW&RQVXOWDQW
DFNQRZOHGJHVDQGDJUHHVWKDWLWKDVUHDGDQGXQGHUVWDQGVWKHSURYLVLRQVKHUHRI
DQGWKDWWKLVSDUDJUDSKLVDPDWHULDOHOHPHQWRIFRQVLGHUDWLRQ&LW\DSSURYDORI
LQVXUDQFHUHTXLUHGE\WKLVDJUHHPHQWGRHVQRWUHOLHYHWKH&RQVXOWDQWRU
VXEFRQWUDFWRUVIURPOLDELOLW\XQGHUWKLVVHFWLRQ
13.8 Relation to Insurance Obligations.7KHGHIHQVHDQGLQGHPQLILFDWLRQREOLJDWLRQV
RIWKLVDJUHHPHQWDUHXQGHUWDNHQLQDGGLWLRQWRDQGVKDOOQRWLQDQ\ZD\EH
OLPLWHGE\WKHLQVXUDQFHREOLJDWLRQVFRQWDLQHGLQWKLVDJUHHPHQW
14. DEFAULT AND REMEDIES.
14.1 Events of default(DFKRIWKHIROORZLQJVKDOOFRQVWLWXWHDQHYHQWRIGHIDXOW
KHUHXQGHU
(a))DLOXUHE\&RQVXOWDQWWRSHUIRUPDQ\REOLJDWLRQXQGHUWKLVDJUHHPHQWDQG
IDLOXUHWRFXUHVXFKEUHDFKLPPHGLDWHO\XSRQUHFHLYLQJQRWLFHRIVXFK
EUHDFKLIWKHEUHDFKLVVXFKWKDWWKH&LW\GHWHUPLQHVWKHKHDOWKZHOIDUHRU
VDIHW\RIWKHSXEOLFLVLPPHGLDWHO\HQGDQJHUHG RU
(b))DLOXUHE\HLWKHUSDUW\WRSHUIRUPDQ\REOLJDWLRQXQGHUWKLVDJUHHPHQWDQG
IDLOXUHWRFXUHVXFKEUHDFKZLWKLQILIWHHQ GD\VRIUHFHLYLQJQRWLFHRI
VXFKEUHDFK H[FHSWIRUEUHDFKHVVXEMHFWWRVXESDUDJUDSK D DERYH
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
103
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJH RI
SURYLGHGWKDWLIWKHQDWXUHRIWKHEUHDFKLVVXFKWKDWWKHQRQEUHDFKLQJ
SDUW\GHWHUPLQHVLWZLOOUHDVRQDEO\UHTXLUHPRUHWKDQILIWHHQ GD\VWR
FXUHWKHEUHDFKLQJSDUW\VKDOOQRWEHLQGHIDXOWLILWSURPSWO\FRPPHQFHV
WKHFXUHDQGGLOLJHQWO\SURFHHGVWRFRPSOHWLRQRIWKHFXUH
14.2 Remedies upon default8SRQDQ\GHIDXOWWKHQRQGHIDXOWLQJSDUW\VKDOOKDYH
WKHULJKWWRLPPHGLDWHO\VXVSHQGRUWHUPLQDWHWKLVDJUHHPHQWVHHNVSHFLILF
SHUIRUPDQFHDQGRUVHHNGDPDJHVWRWKHIXOOH[WHQWDOORZHGE\ODZ&LW\VKDOO
KDYHWKHULJKWWRFRQWUDFWZLWKDQRWKHUSDUW\WRSHUIRUPWKLVDJUHHPHQW
14.3 No Waiver)DLOXUHE\&LW\WRVHHNDQ\UHPHG\IRUDQ\GHIDXOWKHUHXQGHUVKDOO
QRWFRQVWLWXWHDZDLYHURIDQ\RWKHUULJKWVKHUHXQGHURUDQ\ULJKWWRVHHNDQ\
UHPHG\IRUDQ\VXEVHTXHQWGHIDXOW
15. TERMINATION.(LWKHUSDUW\PD\WHUPLQDWHWKLVDJUHHPHQWZLWKRUZLWKRXWFDXVHE\
SURYLGLQJGD\V¶QRWLFHLQZULWLQJWRWKHRWKHUSDUW\7KH&LW\PD\WHUPLQDWHWKLV
DJUHHPHQWDWDQ\WLPHZLWKRXWSULRUQRWLFHLQWKHHYHQWWKDW&RQVXOWDQWFRPPLWVD
PDWHULDOEUHDFKRIWKHWHUPVRIWKLVDJUHHPHQW8SRQWHUPLQDWLRQWKLVDJUHHPHQWVKDOO
EHFRPHRIQRIXUWKHUIRUFHRUDIIHFWZKDWVRHYHUDQGHDFKRIWKHSDUWLHVKHUHWRVKDOOEH
UHOLHYHGDQGGLVFKDUJHGIURPWKHULJKWVDQGREOLJDWLRQVRIWKLVDJUHHPHQWVXEMHFWWR
SD\PHQWIRUDFFHSWDEOHVHUYLFHVUHQGHUHGSULRUWRWKHH[SLUDWLRQRIWKHQRWLFHRI
WHUPLQDWLRQDQGGHOLYHU\WR&LW\RIDQ\ZRUNLQSURJUHVVFRPSOHWHGZRUNVXSSOLHV
HTXLSPHQWDQGRWKHUPDWHULDOVSURGXFHGDVDSDUWRIRUDFTXLUHGLQFRQQHFWLRQZLWKWKH
SHUIRUPDQFHRIWKLVDJUHHPHQWDQGDQ\FRPSOHWHGRUSDUWLDOO\FRPSOHWHGZRUNZKLFKLI
WKLVDJUHHPHQWKDGEHHQFRPSOHWHGZRXOGKDYHEHHQUHTXLUHGWREHIXUQLVKHGWR&LW\
1RWZLWKVWDQGLQJWKHIRUHJRLQJDQGVHFWLRQRQSDJHWKLVVHFWLRQDQGWKHSURYLVLRQVRI
WKLVDJUHHPHQWFRQFHUQLQJLQVXUDQFH ([KLELW% )XQGLQJ$JHQF\5HTXLUHPHQWV DVVHW
IRUWKLQ([KLELW'LIDSSOLFDEOH :RUN3URGXFWDQG5HFRUGV&RQILGHQWLDO,QIRUPDWLRQ
5HVSRQVLELOLW\RI&RQVXOWDQW,QGHPQLILFDWLRQ'HIDXOWDQG5HPHGLHV/LWLJDWLRQDQG
-XULVGLFWLRQDQG6HYHUDELOLW\VKDOOVXUYLYHWHUPLQDWLRQRUH[SLUDWLRQRIWKLVDJUHHPHQW
16. DISPUTE RESOLUTION7KHSDUWLHVVKDOOPDNHDJRRGIDLWKHIIRUWWRVHWWOHDQ\
GLVSXWHRUFODLPDULVLQJXQGHUWKLVDJUHHPHQW,IWKHSDUWLHVIDLOWRUHVROYHVXFKGLVSXWHV
RUFODLPVWKH\VKDOOVXEPLWWKHPWRQRQELQGLQJPHGLDWLRQLQ&DOLIRUQLDDWVKDUHG
H[SHQVHRIWKHSDUWLHVIRUDWOHDVWKRXUVRIPHGLDWLRQ,IPHGLDWLRQGRHVQRWDUULYHDWD
VDWLVIDFWRU\UHVXOWDUELWUDWLRQLIDJUHHGWRE\DOOSDUWLHVRUOLWLJDWLRQPD\EHSXUVXHG,Q
WKHHYHQWDQ\GLVSXWHUHVROXWLRQSURFHVVHVDUHLQYROYHGHDFKSDUW\VKDOOEHDULWVRZQ
FRVWVDQGDWWRUQH\V¶IHHV
17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW
FRQFHUQLQJDQ\SURYLVLRQKHUHRIRUWKHULJKWVDQGGXWLHVRIDQ\SHUVRQLQUHODWLRQWKHUHWR
HDFKSDUW\VKDOOEHDULWVRZQDWWRUQH\V¶IHHVDQGFRVWV
18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG
LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP
WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD
,IDQ\SDUWRIWKLVDJUHHPHQWLVIRXQGWRFRQIOLFWZLWKDSSOLFDEOHODZVVXFKSDUWVKDOOEH
LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV
DJUHHPHQWVKDOOEHLQIXOOIRUFHDQGHIIHFW
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
104
&RQWUDFWRU 3URMHFW1DPH
5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI
19. NOTICE OF NON-RENEWAL&RQVXOWDQWXQGHUVWDQGVDQGDJUHHVWKDWWKHUHLVQR
UHSUHVHQWDWLRQLPSOLFDWLRQRUXQGHUVWDQGLQJWKDWWKH&LW\ZLOOUHTXHVWWKDWZRUNSURGXFW
SURYLGHGE\&RQVXOWDQWXQGHUWKLVDJUHHPHQWEHVXSSOHPHQWHGRUFRQWLQXHGE\
&RQVXOWDQWXQGHUDQHZDJUHHPHQWIROORZLQJH[SLUDWLRQRUWHUPLQDWLRQRIWKLVDJUHHPHQW
&RQVXOWDQWZDLYHVDOOULJKWVRUFODLPVWRQRWLFHRUKHDULQJUHVSHFWLQJDQ\IDLOXUHE\&LW\
WRFRQWLQXHWRUHTXHVWRUUHWDLQDOORUDQ\SRUWLRQRIWKHZRUNSURGXFWIURP&RQVXOWDQW
IROORZLQJWKHH[SLUDWLRQRUWHUPLQDWLRQRIWKLVDJUHHPHQW
20. PARTIES IN INTEREST7KLVDJUHHPHQWLVHQWHUHGRQO\IRUWKHEHQHILWRIWKHSDUWLHV
H[HFXWLQJWKLVDJUHHPHQWDQGQRWIRUWKHEHQHILWRIDQ\RWKHULQGLYLGXDOHQWLW\RUSHUVRQ
21. WAIVER.1HLWKHUWKHDFFHSWDQFHRIZRUNRUSD\PHQWIRUZRUNSXUVXDQWWRWKLV
DJUHHPHQWVKDOOFRQVWLWXWHDZDLYHURIDQ\ULJKWVRUREOLJDWLRQVDULVLQJXQGHUWKLV
DJUHHPHQW7KHIDLOXUHE\WKH&LW\WRHQIRUFHDQ\RI&RQVXOWDQW¶VREOLJDWLRQVRUWR
H[HUFLVH&LW\
VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU
-End of Exhibit C-
Fehr and Peers Transportation Consultants Safe Routes to School Project - Master Plan
105
Contractor: Fehr and Peers Transportation Consultant Project Name: Traffic Engineering and Consultant Services
Exhibit E Page 1 of 3
Exhibit E: Special Requirements
Exhibit B – Section 1. Insurance Provisions First Paragraph is replaced with the following:
x 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
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. 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 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 Consultant’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. This requirement does not apply
to errors and omissions insurance, worker’s compensation insurance, and employer’s liability
insurance.
Exhibit C – Subsection 1.3 is replaced with the following:
1.3 Standard of Care. Consultant shall complete the Scope of Work required pursuant to this agreement in
the manner and according to the standards observed by a competent practitioner of the profession in which
Consultant is engaged in the geographical area in which Consultant practices its profession. All work product
of whatsoever nature which Consultant delivers to City pursuant to this agreement shall be prepared to the
standards of quality normally observed by a person practicing in Consultant’s profession.
Exhibit C – Subsection 10.1 is replaced with the following:
10.1 Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda
or other written documents or materials prepared by Consultant pursuant to this agreement shall become the
property of City upon completion of the work to be performed hereunder or upon termination of this
agreement. Without limiting the generality of the foregoing, if, in connection with services performed under
this agreement, the Consultant or its subcontractors create artwork, copy, posters, billboards, photographs,
videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes or any other
original works of authorship, such works of authorship shall be works for hire as defined under Title 17 of the
United States Code, and all copyrights in such works are the property of City. If it is ever determined that any
works created by the Consultant or its subcontractors under this agreement are not works for hireunder U.S.
106
Contractor: Fehr and Peers Transportation Consultant Project Name: Traffic Engineering and Consultant Services
Exhibit E Page 2 of 3
law, the Consultant hereby assigns all copyrights to such works to City, grants City a royalty-free, exclusive,
and irrevocable license to reproduce, publish, use, and to authorize others to do so, all such works and
agrees to provide any material and execute any documents necessary to effectuate such assignment and
license. The Consultant may retain and use copies of such works for reference and as documentation of its
experience and capabilities. However, notwithstanding any provision to the contrary in this agreement,
Consultant shall retain ownership and all rights in all inventions, improvements, discoveries, methodologies,
models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other
intellectual properties developed, gathered, or produced by Consultant prior to or independently ofany of its
services under this agreement (“Pre-existing Materials”), including such Pre-existing Materials that
Consultant may employ in the performance of this agreement, or may incorporate into any part of its work
product in its performances of its Scope of Work Consultant grants the City an irrevocable, non-exclusive
royalty-free, license in perpetuity to use, disclose, derive from, and transfer such Pre-existing Materials, but
only as an inseparable part of Consultant's work product.
Exhibit C – Section 12 is replaced with the following:
12. RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for the work, shall bear
all losses and damages directly or indirectly resulting to Consultant, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of the performance or character of
the work, unforeseen difficulties, accidents, occurrences or other causes to the extent caused by active or
passive negligence of the Consultant or of any subcontractor.
Exhibit C – Section 13 is replaced with the following:
13. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall immediately defend,
indemnify, and hold harmless City, its Council members, employees, agents and officials, from any liability,
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs (including, without limitation, costs and fees of alternative dispute resolution and litigation)
of any kind whatsoever without restriction or limitation, to the extent arising out of, pertaining to or relating
to the negligence, recklessness, or willful misconduct of Consultant or its employees, agents, or
subcontractors. All obligations under this provision are to be paid by Consultant as they are incurred by the
City. Consultant’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused
by the active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that
liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then
Consultant’s indemnificationobligationshallbereducedinproportiontotheestablishedcomparativeliability.
13.1 Scope of Consultant Obligation. The obligations of Consultant under this or any other provision
of this agreement will not be limited by the provisions of any workers' compensation act or similar
act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its
employees andofficials.
13.2 Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions
107
Contractor: Fehr and Peers Transportation Consultant Project Name: Traffic Engineering and Consultant Services
Exhibit E Page 3 of 3
identical to those set forth in this section from each and every subcontractor, sub tier Consultant or
any other person or entity involved by, for, with or on behalf of Consultant in the performance or
subject matter of this agreement. In the event Consultant fails to obtain such indemnity obligations
from others as required here, Consultant agrees to be fully responsible according to the terms of
this section.
13.3 Duty to Defend. In addition to Consultant’s obligation to indemnify, Consultant shall defend, in all
legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City,
its Council members, employees, agents and officials, immediately upon tender to Consultant of
the claim in any form or at any stage of an action or proceeding, whether or not liability is
established. An allegation or determination that persons other than Consultant are responsible for
the claim does not relieve Consultant from its separate and distinct obligation to defend. The
obligation to defend extends through final judgment, including exhaustion of any appeals. The
defense obligation includes an obligation to provide independent defense counsel if Consultant
asserts that liability is caused in whole or in part by the negligence or willful misconduct of the
indemnified party. In no event shall the cost to defend charged to Consultant exceed Consultant’s
proportionate percentage of fault. However, notwithstanding the previous sentence, in the event
one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution
of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.
13.4 In General. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of
Consultant and shall survive the termination of this agreement or this section. This section 13 shall
in no event be construed to require indemnification by Consultant to a greater extent than permitted
under the public policy of the State of California. By execution of this agreement, Consultant
acknowledges and agrees that it has read and understands the provisions hereof and that this
paragraph is a material element of consideration. City approval of insurance required by this
agreement does not relieve the Consultant or subcontractors from liability under thisparagraph.
- End of Exhibit E -
108
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:Public Works
PREPARED BY:Mainini Cabute, Environmental Programs Manager
SUBJECT:Amendment to the Agreement for Maintenance of State Highway in the
City of Saratoga
RECOMMENDED ACTION:
1.Adopt resolution amending the Cooperative Agreement between the State of California Department
of Transportation (Caltrans)
2.Authorize the City Manager to execute Amendment No.1, Agreement for Maintenance of State
Highway in the City of Saratoga that assigns and expands the maintenance responsibilities of shared
roadway bicycle markings on Big Basin Way.
BACKGROUND:
In July 1965, the City and Caltrans entered into the, “Agreement for Maintenance of State Highway in the
City of Saratoga,”(Agreement), to assign and expand maintenance responsibilities to the City of Saratoga.
This Agreement complied with the provisions of California Code, Streets and Highway Code-Section 130,
which allows Caltrans to enter into a contract with a city or county and to assign responsibility of the costs
of construction, improvements, or maintenance for projects that are in the State’s right of way but within a
city’s jurisdictional limits.
In April 2019, the City received an encroachment permit from Caltrans to install shared roadway bicycle
markings and bicycle roadway signs within State’s right of way. The project installed shared road bicycle
markings along Big Basin Way,from Saratoga-Sunnyvale Road to the end of the Saratoga Village, within
the jurisdictional limits of the City.As part of the encroachment permit application, Caltrans required that
the City submit a Delegation of Maintenance Agreement (DMA) for the project, which amends the original
Agreement. Attachment A contains the Resolution amending the Cooperative Agreement and Attachment
B contains the Amendment No. 1 of the Agreement and the map of the City’s maintenance areas.
ATTACHMENTS:
Attachment A –Resolution
Attachment B -Amendment No.1
Attachment C -Map for Amendment No. 1
Attachment D -Cooperative Agreement 1965
109
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE
STATE OF CALIFORNIA TO ASSIGN AND EXPAND MAINTENANCE
RESPONSIBILITIES FOR SHARED ROADWAY BICYCLE MARKING AND
BICYCLE ROADSIDE SIGNS
. . .
WHEREAS, the City of Saratoga and the State of California, acting by and though the
Department of Transportation (“State”), entered into an agreement on July 19, 1965, entitled,
“Agreement for Maintenance of State Highway in the City of Saratoga,” (“Original
Agreement”), as provided for in Section 130 of Streets and Highways Codes; and
WHEREAS, the City of Saratoga applied for an encroachment permit from State to
install Shared Roadway Bicycle Markings and Bicycle Roadside Signs within State’s right of
way along Big Basin Way for State Route (SR9) in between 6th Street and Saratoga-Sunnyvale
Road, within the jurisdictional limits of the City; and
WHEREAS, the City and State wish to amend the Original Agreement to assign and
expand the maintenance responsibilities of Shared Roadway Bicycle Markings and Bicycle
Roadside Signs in the manner set forth in the attached AMENDMENT NO. 1 - AGREEMENT
FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF SARATOGA
(AMENDMENT NO. 1).
NOW, THEREFORE BE IT RESOLVED,that AMENDMENT NO. 1 is hereby approved and
the City Manager is directed to sign the agreement and take all other actions necessary to
effectuate its adoption.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16 day of September, 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
Debbie Bretschneider, CMC, City Clerk
DATE:
1287367.2
110
111
112
113
114
EXHIBIT "A"
LOCATION MAP
BIG BASIN WAY - SR 9
CITY OF SARATOGA, CALIFORNIA
SEPTEMBER 4, 2019
115
LEGEND:
SHARED ROADWAY
BICYCLE MARKINGS
(SHARROW)
BIG BASIN WAY - SR 9
CITY OF SARATOGA, CALIFORNIA
SEPTEMBER 4, 2019
EXHIBIT "A"
04-SCL-9 POSTLINES 7.0/7.5
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Agreement Authorizing Use of Saratoga Library as Public Safety Power
Shutoff Resource Center
RECOMMENDED ACTION:
Authorize the City Manager to execute the Saratoga Library Use Authorization Agreement,
allowing the Saratoga Library to be used as a Public Safety Power Shutoff (PSPS) resource center.
BACKGROUND:
In recent years, Pacific Gas & Electric (PG&E) has started initiating planned PSPS outages to
reduce the risk of wildfire. PSPS events are expected when temperatures are high, humidity levels
are low, winds are strong, and dry vegetation is present. Last October, the City of Saratoga
experienced 2 PSPS events. Each of these events impacted roughly 3,000 customers in Saratoga
and just outside of City limits. For these two outages, PG&E opened a resource center at Avaya
Stadium near the Norman Y. Mineta San Jose International Airport so impacted customers could
charge small devices.
Following the 2019 fire season, PG&E announced it would be making a series of changes to its
Community Wildfire Safety Program, including PSPS events. PG&E has indicated that PSPS
events will be smaller and shorter, impacting fewer customers for a shorter amount of time.
Additionally, PG&E is changing its resource center model. Rather than opening one large resource
center, such as Avaya Stadium, a number of smaller resource centers closer to impacted customers
will be opened. As part of this effort, PG&E would like to use the Saratoga Library as a resource
center. The attached agreement would authorize the Santa Clara County Library District to operate
the Saratoga Library as a resource center during a PSPS event. It also authorizes improvements to
the building that will allow a generator to be connected to the Library if it is impacted by an outage.
FISCAL STATEMENT:
There are no fiscal impacts to the City associated with use of the Saratoga Library as a PSPS
resource center. Additionally, the City will not be responsible for maintaining improvements
described in the agreement.
138
ATTACHMENTS:
Attachment A – Saratoga Library Use Authorization Agreement (PG&E Public Safety Power
Shutoff)
139
140
141
142
143
144
145
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Mary Furey, Administrative Services Director,
SUBJECT:Business License Renewal Extension Program
RECOMMENDED ACTION:
Review and provide direction on a proposed Business License Renewal Extension Program.
BACKGROUND:
The economic shutdown resulting from the COVID-19 pandemic has impacted many of Saratoga’s small
businesses. Particularly impacted are businesses that provide face-to-face contact services such as hair,
nail, and massage salons, small restaurants, dental offices, daycare/nursery schools, and physical activity
services such as gyms. To slow the spread of the virus, these types of service businesses were required to
close their doors and not provide services or facility access to customers.
Many Saratoga businesses licenses are for home-based consultant services that have been able to continue
operating under the shelter-in-place orders. Additionally, some personal contact businesses were classified
as essential under the Public Health orders and provided waivers, including grocery stores, gas stations and
some financial and safety related services.
DISCUSSION:
The Finance Committee discussed how the City could best offer help to Saratoga’s many heavily impacted
personal-contact service businesses, and determined that a six month extension to pay their business license
fee would reach the widest breadth of those most impacted by the pandemic in the simplest manner
available.
However, because business licenses are issued year-round, some of those most impacted have already paid
their annual Business License fee since this economic shutdown began. To address this, the program could
be established for an entire year, effective beginning with the October 1, 2020 renewals through September
30, 2021 to extend to those that have already renewed their annual business license fee this year.
Staff is also requesting Council provide feedback on the proposed fee extension program eligibility
guidelines. With the intent to directly help small businesses, a discussion on eligibility guidelines is
requested. A few suggestions include:
An annual revenue maximum –for example,businesses under $1,000,000 in gross sales would
be eligible. This limit may exclude some of the small service businesses that have high cost
services such as dentists or nursery schools. This may be acceptable, or a higher limit could be
used.
146
A minimum length of time their business location was ordered to be closed – for example 8
weeks. The business location shutdown includes salons, stores, offices, gyms, or schools that the
Business Licensee owns/rents or works in as a contract worker. Specifically, this would exclude
contractors and landscapers from the waiver program as they were allowed to go back to work
quicker, and could also work through the shutdown under allowable conditions. Staff would utilize
the Santa Clara County health orders to make a list of closure time by business type for reference.
A requirement to sign an affidavit attesting to meeting the eligibility requirements.
It would be a lengthy and uncertain list to try and state all types of businesses who may be eligible. Instead,
the extension program guidelines would be identified on a form sent with the Business License renewal
packet, and granted upon request with Business License staff reviewing and approving the validity of the
request.
FISCAL IMPACTS:
A six month extension of a business license would effectively reduce Business License renewal fees for the
next year, with the program revenue loss spread between the next two fiscal years. And, while this program
provides generous and widespread assistance to Saratoga’s small business community, the waiver is
expected to cost the City less than $50,000 over the two fiscal years, based on the expectation that about
one-third of the City’s businesses were significantly impacted and thus eligible for the six month extension
program.
147
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Letter Regarding State Route 85 Transit Lane
RECOMMENDED ACTION:
Approve the attached letter to the Board of the Valley Transportation Agency (VTA) supporting
the recommendation of the VTA State Route 85 Policy Advisory Board.
BACKGROUND:
In accordance with the terms of Measure B,the VTA has completed the State Route 85 Transit
Guideway Study. After reviewing the study, the State Route 85 Policy Advisory Board has
recommended that VTA use Measure B funds for a public transit lane project in the median on SR
85 between US 101 in Mountain View and SR 87 in San Jose as well as for noise mitigation and
not for an express lane or other alternatives considered in the study. The attached letter would
inform the VTA Board that the Saratoga City Council strongly supports that recommendation.
ATTACHMENTS:
Attachment A –Letter to VTA Board
1287318.1
148
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Rishi Kumar
Howard Miller
Yan Zhao
September 17, 2020
VTA Board of Directors
3331 N. First Street
San Jose, California 95134
Re:State Route 85 Transit Guideway Study
Dear Chair and Members of the Board:
On behalf of the City Council of the City of Saratoga, I urge you to adopt the recommendation of the State Route
85 Policy Advisory Board and move forward with a public transit lane on the State Route 85 median. This project
has the potential to be transformative for the South Bay, reducing vehicle miles traveled, greenhouse gas emissions,
and serving as a test case of a private/public partnership that can leverage the innovation of the region in building
transportation infrastructure. It is the solution that will most benefit all commuters regardless of income or
occupation.
Since its inception, Measure B has recognized the key importance of transit in addressing our region’s
transportation challenges. Measure B sets forth a clear objective for the SR 85 Corridor: “to fund new transit and
congestion relief projects on SR 85, including a new transit lane from SR 87 in San Jose to US 101 in Mountain
View”. Measure B provided an estimated $350 million in funding and called for a study of a potential transit lane
on State Route 85. Based on that study (the State Route 85 Transit Guideway Study) VTA’s State Route 85 Policy
Advisory Board recommended that your Board fund a public transit lane project on SR 85 between US 101 in
Mountain View and SR 87 in San Jose. The Saratoga City Council strongly supports that recommendation.
During the PAB’s public meetings one alternative emerged as the clear choice for the public as well as the PAB
members. The Study’s “Alternative 3.2 Long Median Transit Lane,” calls for the creation of a transit guideway, or
transit lane, in the median of the freeway. This alternative most closely matches the stated objective of the Measure
B funding for SR 85 Corridor. The PAB made clear its support for public transit in the corridor and noise
mitigation together with its opposition to using the median for an express lane, and the City of Saratoga shares that
view.
The SR 85 corridor is ripe for a transit investment and VTA Board should move forward into the preliminary
engineering phase for Alternative 3.2 Long Median Transit Lane as soon as possible. We strongly urge you to move
this project forward to bring long-awaited transit service and attendant noise mitigation to the West Valley and the
SR 85 corridor.
Sincerely,
Howard A. Miller, Mayor
On Behalf of the City Council of the City of Saratoga
cc:Members of the Policy Advisory Board
1285555.1
149
SARATOGA CITY COUNCIL
MEETING DATE:September 16, 2020
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC,City Clerk
SUBJECT:Resolution Amending the City of Saratoga Conflict of Interest Code
RECOMMENDED ACTION:
Approve the resolution amending the City of Saratoga Conflict of Interest Code.
BACKGROUND:
The California Political Reform Act requires City Council Members, Planning Commissioners,
City Managers, and City Attorneys to disclose financial interests through the Form 700 –Statement
of Economic Interests. The purpose of financial disclosure is to call attention to personal economic
interests that might result in a conflict of interest.
The Act also requires local agencies to adopt, and biennially review, a Conflict of Interest Code
that identifies additional positions in the organization that make or participate in making decisions
that could have a material effect on any financial interest.This includes making substantive
recommendations that are regularly approved without significant amendment or modification, as
well as advising or making recommendations to a decision-maker directly or without significant
intervening substantive review. Individuals in these designated positions must disclose financial
interests through the Form 700 when assuming office, leaving office, and once per year.
The Conflict of Interest Code must be reviewed every two years and the Council must review by
October 1, 2020. The last update was made in 2018 via Resolution 18-051.
The attached resolution includes provisions required by State law and updates to the list of
designated positions required to file a Form 700. The California Political Reform Act requires that
each filer only disclose what is needed and for the City to not have overly broad Categories. As
part of the resolution, additional Categories have been added and are in red. Several new positions
were also added to the Designated Positions and are noted in red.
ATTACHMENTS:
Attachment A –Resolution Amending the Saratoga Conflict of Interest Code
Attachment B –FPPC Code of Conflict
Attachment C –Resolution 18-051
150
RESOLUTION NO. 20-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY OF SARATOGA CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act requires certain City officials, specified in section 87200 of
the California Government Code, to file economic disclosure forms (‘Form 700”) and abstain from making
or participating in making governmental decisions which have a reasonably foreseeable material effect on
economic interest; and
WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every
state or local government agency to adopt and promulgate a Conflict of Interest Code (Code) that enumerates
specific City positions which involve making or participating in making decisions which have a reasonably
foreseeable material effect on an economic interest, and designates for each position the specific types of
investments, business positions, interests in real property and sources of income which are reportable based
on the scope of the decision-making authority of the position, and further requires the City Council to act as
the code-reviewing body of the City’s Conflict of Interest Code; and
WHEREAS, the City of Saratoga’s Conflict of Interest Code was adopted by Resolution No. 01-011
on February 21, 2001 and adopted, by reference, the Fair Political Practices (FPPC) Model Conflict of Interest
Code set forth in Title 2, Section 18730 of the California Code of Regulations and was most recently updated
by Resolution No. 18-051 on October 3, 2018; and
WHEREAS, the Political Reform Act requires biennial review of the Code and the City has completed
its review for 2020 and updated the list of designated positions required to disclose personal economic interests
and the categories of interests that must be disclosed; and
NOW, THEREFORE,the City Council of the City of Saratoga hereby amends the City of Saratoga Conflict
of Interest Code to provide:
The terms of 2 California Code of Regulations Section 18730 (Exhibit A) and any amendments
to it duly adopted by the Fair Political Practices Commission are hereby incorporated and made
a part of this Code by reference. This regulation and the attached Exhibit B and Exhibit C,
designating positions and establishing disclosure categories, shall constitute the conflict of
interest code of the City of Saratoga (City).
Individuals holding designated positions shall file their statements of economic interests with
the City, which will make the statements available for public inspection and reproduction (Gov.
Code Sec. 81008). Upon receipt of the statements of the City of Saratoga City Council, City
Manager, City Attorney, City Treasurer (Finance and Administrative Services Director), and
Planning Commissioners, the City Clerk shall make and retain a copy and forward the original
of these statements to the Fair Political Practices Commission.
The Conflict of Interest Code as amended herein shall supersede all previous Codes, policies,
and understandings related to the City of Saratoga Conflict of Interest Code.
151
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 16
th day of September 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
Attest:
Debbie Bretschneider, CMC, City Clerk DATE:
1282663.1
152
EXHIBIT B – CONFLICT OF INTEREST CODE LIST OF DESIGNATED POSITIONS
Adopted via Resolution 20-___ (Adopted --- --, 2020)
DESIGNATED POSITIONS DISCLOSURE CATEGORY
APPOINTED/ELECTED OFFICIALS
City Council
Heritage Preservation Commission
Library & Community Engagement Commission
Parks and Recreation Commission
Planning Commission
Traffic Safety Commission
87200 Filer (Full Disclosure)
1 (Full Disclosure)
1 (Full Disclosure)
1 (Full Disclosure)
87200 Filer (Full Disclosure)
1 (Full Disclosure)
CITY ATTORNEY’S OFFICE
City Attorney
Assistant City Attorney
87200 Filer (Full Disclosure)
1 (Full Disclosure)
CITY MANAGER'S OFFICE
City Manager
Assistant City Manager
City Clerk
87200 Filer (Full Disclosure)
1 (Full Disclosure)
1 (Full Disclosure)
PUBLIC WORKS DEPARTMENT
Public Works Director
Public Works Manager – Parks
Public Works Manager – Streets and Fleet
Senior Civil Engineer
Associate Engineer
Associate Civil Engineer
1 (Full Disclosure)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Director
Building Official
City Arborist
Senior Planner
Associate Planner
Associate Civil Engineer
Code Compliance Officer
Facilities Manager
1 (Full Disclosure)
1 (Full Disclosure)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
FINANCE & ADMINISTRATIVE SERVICES
DEPARTMENT
Finance & Administrative Services Director
Finance Manager
Human Resources Manager
Information Technology Manager
87200 Filer (Full Disclosure)
1 (Full Disclosure)
1 (Full Disclosure)
4 (Computer Related)
CONSULTANTS
City Auditor
City Geotechnical Consultant
City Surveyor
1 (Full Disclosure)
2 (Dept. Related Income, Property)
1 (Full Disclosure)
153
Traffic Engineer
Contract Planner
Contract Arborist
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
2 (Dept. Related Income, Property)
OTHER REPORTING REQUIREMENTS
Newly Created Positions between Conflict of Interest Code Updates: The City Clerk shall
complete FPPC form 804 at time position is created.
Consultants (Defined in FPPC Regulation 18701 (a)(2)): The City Clerk shall complete FPPC
Form 805 at the time the consultant is hired. Consultants shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation: The City Manager may determine
in writing that a particular consultant, although a "designated position," is hired to perform a range of
duties that is limited in scope and thus is not required to disclose pursuant to the broadest disclosure
category.
Members of Task Forces, Special Committees, and Similar Advisory Bodies Created by City
Council: The City Attorney and City Clerk shall consider whether a newly created body is subject to
the Political Reform Act’s disclosure requirements and make a recommendation to the City Council.
Factors to be considered include but are not limited to whether the body will perform a role that
compels or prevents a governmental decision, or make substantive recommendations that may be
regularly approved without significant modification by another public official or governmental
agency over an extended period of time.
1282665.1
EXHIBIT C – DISCLOSURE CATEGORIES AND DEFINITIONS
CATEGORIES:
1. FULL DISCLOSURE and 87200 FILER
What to Report? All investments, positions in business entities, sources of income (including gifts,
loans, and travel payments), and interests in real property.
What Form 700 schedules?All Schedules (A through E)
2. DEPARTMENT-RELATED INCOME, REAL PROPERTY
What to Report?All investments, positions in business entities, sources of income (including gifts,
loans, and travel payments) if the source provides goods or services of the type utilized by or subject
to the review or approval of the department in which that person is employed and all interests in real
property or the Commission or other body on which the person serves.
What Form 700 schedules?All Schedules (A through E)
3. DEPARTMENT-RELATED INCOME
What to Report?All investments, positions in business entities, sources of income (including gifts,
loans, and travel payments) if the source provides goods or services of the type utilized by or subject
to the review or approval of the department in which that person is employed or the Commission or
other body on which the person serves.
What Form 700 schedules?A, C, D, E
154
4. CITY-RELATED COMPUTER HARDWARE & SOFTWARE
What to Report?All investments, positions in business entities, sources of income (including gifts,
loans, and travel payments) if the source provides goods or services relating to computer hardware or
software companies, computer consultant services, IT training companies, data processing firms and
media services of the type utilized by the City.
What Form 700 schedules?A, C, D, E
KEY TO FORM 700 SCHEDULES
Category A-1:Investments less than 10% ownership
Category A-2:Investments greater than 10% ownership
Category B:Real Property
Category C:Income, Loans and Business Positions
Category D:Income - Gifts
Category E:Income – Gifts, Travel Payments, Advances and Reimbursements
DEFINITIONS (summary from California Government Code as of 8/28/2020)
For the purposes of these disclosure categories, the definitions and regulations contained in the Political
Reform Act apply, including but not limited to:
“Business entity” means any organization or enterprise operated for profit, including but not limited to a
proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. (Gov.
Code 82005)
“Income” means a payment received, including but limited to any salary or wage received by the filer.
However, income does not need to be disclosed if the source is a state, local, or federal government
agency. For more details on Gov. Code 82030:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=82030.&lawCode=GOV
“Interests in real property” includes any leasehold, beneficial or ownership interest or an option to acquire
such an interest in real property located in the jurisdiction owned directly, indirectly or beneficially by the
public official, or other filer, or his or her immediate family if the fair market value of the interest is
$2,000 or more. Interests in real property of an individual includes a pro rata share of interests in real
property of any business entity or trust in which the individual or immediate family owns, directly,
indirectly or beneficially, a 10-percent interest or greater. (Gov. Code 82033)
However, a real estate interest does not need to be discussed if it is used solely as your primary residence
(Gov. Code 87206 (f))
“Investment” means any financial interest in or security issued by a business entity owned directly,
indirectly, or beneficially by filer, or his or her immediate family. An asset shall not be deemed an
investment unless its fair market value equals or exceeds $2,000. (Gov. Code 82034)
1282666.1
155
1
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Section 87300 or the amendment of a conflict of interest code within the meaning of Section
87306 if the terms of this regulation are substituted for terms of a conflict of interest code
already in effect. A code so amended or adopted and promulgated requires the reporting of
reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7
of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest
code are in addition to other requirements of the Political Reform Act, such as the general
prohibition against conflicts of interest contained in Section 87100, and to other state or local
laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant
to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
156
2
The persons holding positions listed in the Appendix are designated employees. It has
been determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees
who are also specified in Section 87200 if they are designated in this code in that same capacity
or if the geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their economic interests pursuant to article 2 of
chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees
who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to
all other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic interests he or she has which are of the kind
described in the disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the economic interests set forth in a designated employee's disclosure categories
157
3
are the kinds of economic interests which he or she foreseeably can affect materially through the
conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided
by the code reviewing body in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective
date of this code, as originally adopted, promulgated and approved by the code reviewing body,
shall file statements within 30 days after the effective date of this code. Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the
deadline for the annual statement of economic interests is 30 days following his or her return to
office, provided the person, or someone authorized to represent the person's interests, notifies the
filing officer in writing prior to the applicable filing deadline that he or she is subject to that
federal statute and is unable to meet the applicable deadline, and provides the filing officer
verification of his or her military status.
158
4
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not deemed to
have assumed office or left office, provided he or she did not make or participate in the making
of, or use his or her position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that
during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and
business positions held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
159
5
Assuming office statements shall disclose any reportable investments, interests in real
property and business positions held on the date of assuming office or, if subject to State Senate
confirmation or appointment, on the date of nomination, and income received during the 12
months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property, income and business positions held or received during the
previous calendar year provided, however, that the period covered by an employee's first annual
statement shall begin on the effective date of the code or the date of assuming office whichever
is later, or for a board or commission member subject to Section 87302.6, the day after the
closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income
and business positions held or received during the period between the closing date of the last
statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement
shall contain the following:
1. A statement of the nature of the investment or interest;
160
6
2. The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property
equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the
statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$50 or more in value if the income was a gift, and a general description of the business activity,
if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of
a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift; the amount or value of
the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan
and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
161
7
2. The name of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she is
a director, officer, partner, trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly acquired
or disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or her
statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500.
162
8
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept gifts with a total value of more than $500 in a calendar
year from any single source, if the member or employee would be required to report the receipt
of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any officer, employee, member, or consultant of the state or local government agency in which
the elected officer holds office or over which the elected officer's agency has direction and
control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any officer, employee, member, or consultant
of the state or local government agency in which the public official holds office or over which
the public official's agency has direction and control. This subdivision shall not apply to loans
made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected
163
9
officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any person who has a contract with the state
or local government agency to which that elected officer has been elected or over which that
elected officer's agency has direction and control. This subdivision shall not apply to loans made
by banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in the
lender's regular course of business on terms available to members of the public without regard to
the elected officer's official status. This subdivision shall not apply to loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such persons, provided that the person making the loan is not acting
as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
164
10
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date he or she
vacates office, receive a personal loan of $500 or more, except when the loan is in writing and
clearly states the terms of the loan, including the parties to the loan agreement, date of the loan,
amount of the loan, term of the loan, date or dates when payments shall be due on the loan and
the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person making the loan
is not acting as an agent or intermediary for any person not otherwise exempted under this
section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this section in the
following circumstances:
165
11
1. If the loan has a defined date or dates for repayment, when the statute of limitations for
filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from
the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
166
12
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he or she
knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her
immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status, aggregating $500 or more in value provided to, received by or promised to the
designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner,
trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
$500 or more provided to, received by, or promised to the designated employee within 12
months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any
decision to the extent his or her participation is legally required for the decision to be made. The
167
13
fact that the vote of a designated employee who is on a voting body is needed to break a tie does
not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official
shall make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months
prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Section 83114 and
Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing
in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
168
14
This code has the force and effect of law. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil sanctions provided in the
Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
__________________
1 Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable interests in both jurisdictions, and file
copies of this expanded statement with both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are
not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro rata share of any investment or
interest in real property of any business entity or trust in which the individual, spouse and
dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or
greater.
169
15
5 A designated employee's income includes his or her community property interest in the income
of his or her spouse but does not include salary or reimbursement for expenses received from a
state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.
2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register
83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register
83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-
90; operative 9-27-90 (Reg. 90, No. 42).
170
16
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and
amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93;
operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of
Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California
Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection
(b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95;
operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No.
13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B),
and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
171
17
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment
of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)
(Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-
99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-
2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California
Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and
footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
172
18
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004,
No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and
(b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-
30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
173
19
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-
(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014;
operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D),
amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection
(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12-
1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to
OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,
3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,
174
20
April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL) (Register 2016, No.
49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1-
11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and
printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL) (Register 2018, No.
50).
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
SARATOGA CITY COUNCIL
MEETING DATE:
September 16, 2020
DEPARTMENT:Finance & Administrative Services Department
PREPARED BY:
Mary Furey, Administrative Services Director
SUBJECT:City Manager’s Annual Salary for Fiscal Year 2020/21
RECOMMENDATIONS / ACTIONS:
Approve City Manager’s annual salary of $265,000 effective July 1, 2020.
BACKGROUND
In compliance with the City’s contract titled ‘Third Amended Agreement For Employment of City Manager (Effective
Date of July 1, 2019), and with AB 1344 (Government Code sections 3511.1 and 3511.2) which provides for greater
transparency of local agency executive’s contracts, the Council recommended salary increase for the City Manager shall
be placed on the City Council’s regular meeting agenda each year for formal consideration.
Section IV.C of the Agreement for Employment states the total salary increase in any year shall not exceed the COLA/CPI
increase and an additional amount, if any, based on performance and a salary survey (using the comparison cities in the
Personnel Rules) up to and not to exceed the higher of:
1) a salary ten percent above the average salary determined by the salary survey; or
2) a total of the compensation components listed in Section III.A.3 ten percent above that paid to the highest paid city
employee.
REPORT DISCUSSION
The City Council held the City Manager performance evaluation in closed session meetings on August 19 and September
2, 2020. Per the terms of the agreement, the Mayor documented the City Council’s evaluation outcome as ‘fully
satisfactory’ in a memo (Attachment A) to staff, and directed that the agenda for the next regular meeting of the City
Council include an agenda item for the Council to consider increasing the City Manager’s salary from $256,048 to
$265,000 effective July 1, 2020.
The salary adjustment will put the City Manager salary 4.3% above the average salary as determined by the salary
survey and 3.3% above the total compensation of the highest paid City employee. Both measures are each less
than the 10% maximum stated in Section IV.C.
ATTACHMENTS
Attachment A – Council Evaluation Memo
201
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Rishi Kumar
Howard Miller
Yan Zhao
To:Mary Furey, Director of Finance and Administrative Services
Copy To:James Lindsay, City Manager
Monica LaBossiere, Human Resources Manager
Richard Taylor, City Attorney
From:Howard Miller, Mayor
Date:September 3, 2020
Subject:City Manager Performance Evaluation
In accordance with section IV.C of the Agreement for Employment of the City Manager, this
memo documents that at the City Council meeting held September 2, 2020, the City Manager
received a full satisfactory performance evaluation from the City Council. The City Council
further directed that the agenda for the next regular meeting of the Council include an agenda
item for the Council to consider increasing the City Manager’s salary to $265,000 effective July
1, 2020.
1284887.1
202