HomeMy WebLinkAbout12-1-2021 Agenda Packet, revised 12-1-2021Saratoga City Council Agenda December 1, 2021 – Page 1 of 5
SARATOGA
CITY COUNCIL REGULAR MEETING
DECEMBER 01, 2021
AGENDA AMENDED
• 11-30-2021, REORGANIZATION ITEM REVISED STAFF REPORT AND
WRITTEN COMMUNICATIONS ADDED
• 11-30-2021, ITEM 1.1 MINUTES AMENDED
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be held entirely by teleconference. All members of the City Council and staff
will only participate via the Zoom platform using the process described below. The meeting is
being conducted pursuant to recent amendments to the teleconference rules required by the Ralph
M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local
official have recommended social distancing. The purpose of the amendments is 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 Commission Interviews by:
• Using the Zoom website https://us02web.zoom.us/j/87310674652;Webinar ID 876 1067
4652 OR
• Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above
Members of the public can view and participate in in the Regular Session of the meeting by:
• Using the Zoom website https://us02web.zoom.us/j/84434728837; Webinar ID 844 3472
8837 OR
• Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above;
OR
• Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99) and calling in following the directions above; OR
• Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling
in following the directions above.
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 December 1, 2021 – Page 2 of 5
6:00 P.M. COMMISSION INTERVIEWS
* Full Terms: January 1, 2022 – December 31, 2025; One Partial Term: January 1, 2022 - December 31,
2023.
7:00 PM CITY COUNCIL REGULAR MEETING
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on November 24, 2021.
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.
COUNCIL REORGANIZATION
Council Reorganization
Recommended Action:
Declare offices of Mayor and Vice Mayor to be vacant, accept nominations for the office of
Mayor, administer the Oath of Office to new Mayor, accept nominations for the office of
Vice Mayor, and administer the Oath of Office to new Vice Mayor.
Supplemental Memo 12_01_2021, Reorganization Revised Staff Report
REVISED Staff Report
Attachment A - City Council Resolution 10-002 Mayoral Rotation Policy
Attachment B - Mayoral Rotation History
Supplemental Memo 12_01_2021, Reorganization Item Written Communications
ANNOUNCEMENTS
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.
Time Name Commission Vacancies Incumbent
6:05 p.m. Joseph
Wherry
Heritage
Preservation
Commission
1 Full Term
(January 1, 2022-
December 31, 2025)
No
6:10 p.m. Priya Shastri Traffic Safety
Commission
2 Full Terms, 1 Partial Term* No
Saratoga City Council Agenda December 1, 2021 – Page 3 of 5
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 17, 2021 City Council Meeting.
Staff Report
Supplemental Memo 12_01_2021, Revised Recommended Action and Minutes
Attachment A - REVISED November 17, 2021 City Council Meeting Minutes
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
11/17/21 Period 5
Staff Report
Check Register 11-17-21 P5
1.3. Tree Maintenance Contract for Call-Out Tree Services with Trees 360 Degrees in the
amount not-to-exceed $50,000
Recommended Action:
Approve Tree Maintenance Service Contract with Trees 360 Degrees for call-out tree
services in the amount not to exceed $50,000 and authorize the City Manager to execute the
same.
Staff Report
Attachment A
1.4. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of
the District for FY 22-23.
Recommended Action:
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
Staff Report
Attachment A
Attachment B
1.5. New PG&E Easement in Parking District #1, East of 4th Street
Recommended Action:
Approve a Grant of Easement Deed for a gas line easement to PG&E within APN 503-24-
016 in Parking District 1, east of 4th Street.
Staff Report
Attachment A - Grant of Easement Deed
1.6. Award Contract for Financial Software
Recommended Action:
Approval of Agreement with CentralSquare Technologies, LLC for Public Administration
ePLUS Financial Software
Staff Report
Attachment A-CentralSquare Technologies LLC Agreement
Saratoga City Council Agenda December 1, 2021 – Page 4 of 5
2. GENERAL BUSINESS
2.1. Review of City Council Assignments
Recommended Action:
Review the list of City Council assignments and provide direction on changes to the list of
assignments.
Staff_Report
Attachment A - City Council Assignment Descriptions
Attachment B - Current City Council Assignments
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Association of Bay Area Governments
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Mayors & Managers
West Valley Sanitation District
Vice Mayor Tina Walia
Council Finance Committee
KSAR Community Access TV Board
Saratoga Area Senior Coordinating Council (SASCC)
Silicon Valley Clean Energy Authority Board of Directors
Saratoga Ministerial Association
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 Kookie Fitzsimmons
Chamber of Commerce
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Sister City Organization
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee
Santa Clara/Santa Cruz Airport/Community Roundtable
Saratoga Historical Foundation
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
Saratoga City Council Agenda December 1, 2021 – Page 5 of 5
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, 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 November 24, 2021 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 24th day of November 2021 at Saratoga, California.
Britt Avrit, MMC, 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 and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@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]
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: December 1, 2021
Subject: Revised Staff Report – Reorganization Item
Following publication of the agenda packet for the December 1, 2021 City Council meeting, it was
determined a revision was needed to state the process for the election of Vice Mayor was
conducted in accordance with the Saratoga Rules of Parliamentary procedure; two nominations
were made and the City Council voted on the second motion made. A Revised Staff Report is
attached.
5
SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Appointment of Mayor & Vice Mayor
RECOMMENDED ACTIONS:
Declare offices of Mayor and Vice Mayor to be vacant, accept nominations for the office of Mayor,
administer the Oath of Office to new Mayor, accept nominations for the office of Vice Mayor, and
administer the Oath of Office to new Vice Mayor.
BACKGROUND:
California Government Code section 36801 states the City Council of general law cities shall
“choose one of its number” to serve as Mayor and Vice Mayor. Each December, the City Council
conducts a reorganization to select a Mayor and Vice Mayor to serve a one-year term.
To commence the reorganization, the current Mayor will have an opportunity to give remarks
about their service and may invite remarks from the City Council and public. The City Clerk will
then declare the offices of Mayor and Vice Mayor vacant. The City Clerk will open the public
comment period. Once public comment is concluded, the City Clerk will request nominations for
the office of Mayor, close nominations, facilitate deliberation, then call for the vote. Following the
vote, the oath of office will be administered to the Mayor. The new Mayor will then repeat this
process to accept nominations for the office of Vice Mayor. Following the Oath of Office for both
Mayor and Vice Mayor, the new Mayor, new Vice Mayor, and members of the Council may give
remarks. Additionally, the Mayor may receive remarks from the public. The Council may then
take a break before proceeding with Regular Session agenda items.
In January 2010, the City Council adopted Resolution 10-002 to establish a rotation policy of the
Mayor and Vice Mayor. The policy is included as Attachment A. Attachment B provides the
history of the Mayoral rotation. The City Council last reviewed the rotation policy on April 7,
2021.
In 2020 the City Council nominated all Council Members and voted on each person and the
individual receiving the most votes, with a minimum of three votes, was elected as Mayor.
The process for the election of Vice Mayor was conducted in accordance with the Saratoga Rules
of Parliamentary procedure; two nominations were made and the City Council voted on the second
motion made.
ATTACHMENTS:
Attachment A –Resolution 10-002 Mayoral Rotation Policy
Attachment B –History of Mayoral Rotation 1998-2021
6
RESOLUTION NO. 10 —002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IMPLEMENTING A POLICY FOR ROTATION OF
MAYOR AND VICE MAYOR
WHEREAS, California Government Code Section 36801 provides that the Mayor and
Mayor Pro Tem of a general law city is selected by a majority vote of the City Council; and
WHEREAS, said Government Code Section does not require nor provide for any particular
procedure for selecting the Mayor; and
WHEREAS; the Saratoga Municipal Code does not provide a procedure for selecting the
Mayor and the Mayor Pro Tem; and
WHEREAS, on December 16, 2009, the Saratoga City Council was provided with samples
of other California cities' policies regarding mayoral rotation; and
WHEREAS, on December 16, 2009, the Saratoga City Council considered establishing a
Council policy that would provide a method for the selection of Mayor and Vice Mayor for the City of
Saratoga; and
WHEREAS, on December 16, 2009, the Saratoga City Council voted to implement a
mayoral rotation policy that would place the council candidates with the two highest votes in any one
election into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City
Council election, the candidate with the most votes is placed first in the rotation of that group,
the candidate with the second highest votes is placed second; and
WHEREAS, on December 16, 2009, the Saratoga City Council directed staff to bring back a
resolution establishing Council's newly implemented mayoral rotation policy at the next scheduled
regular Council meeting on January 20, 2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga adopts
a resolution establishing a mayoral rotation policy whereby the two council candidates with the
highest votes in any one election are placed into a queue to rotate into the position of Mayor and Vice
Mayor. In each Saratoga City Council election, the candidate with the most votes is to be placed
first in the rotation of that group, the candidate with the second highest votes is to be placed
second. The Mayor and Vice Mayor are chosen annually by the City Council from among its
members by the affirmative vote of three or more of the Council Members. In each City Council
election, the person with the most votes shall be placed first in the rotation of that group, the
second highest vote getter will be placed second, and in the years when there is a third seat
contest, the third highest vote getter will be placed third in that rotation. However, the Council
member who received the third most votes in an election year filling three seats will not be in the
queue for either Vice Mayor or Mayor but would be in rotation should the Council member
traditionally rotating into the Vice Mayor or Mayor position be unavailable to serve in that role.
7
In case of appointment to the City Council to fill a vacancy, that person will not be placed in
rotation for the position of Mayor or Vice Mayor. Each new election will determine the rotation
only for the group in that election.
Should any City Council member not be available to take their regular place in the established
rotation, the next person in the rotation will be elevated to the Vice Mayor's position and the
rotation will continue as previously set.
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 20 day of January 2010 by the
following vote:
AYES: Councilmember Chuck Page, Howard Miller, Mayor Kathleen King
NOES: Councilmember Jill Hunter
ABSTAIN: None
ABSENT: Councilmember Susie Nagpal
ATTEST:
Ann Sullivan, City Clerk
I !/ ..t.
Kathleen M. King, May/
8
Page 1 of 2
MAYORAL ROTATION: 1998/1999 – 2020/2021
Year Mayor and Vice Mayor by Rotation Method Mayor and Vice Mayor by Election
1998-99 Shaw (Mayor)*
Bogosian (Vice Mayor)
Shaw (Mayor)*
Bogosian (Vice Mayor)
1999-2000 Bogosian (Mayor)*
Mehaffey (Vice Mayor)
Bogosian (Mayor)*
Mehaffey (Vice Mayor)
2000-01 Mehaffey (Mayor)
Streit (Vice Mayor)
Mehaffey (Mayor)
Streit (Vice Mayor)
2001-02 Streit (Mayor) *
Baker (Vice Mayor)*
Streit (Mayor) *
Baker (Vice Mayor)*
2002-03 Bogosian (Mayor)
Waltonsmith (Vice Mayor)
Streit (Mayor)
Waltonsmith (Vice Mayor)
2003-04 Waltonsmith (Mayor)
Streit (Vice Mayor)
Waltonsmith (Mayor)
King (Vice Mayor)
2004-05 Streit (Mayor)
King (Vice Mayor)
King (Mayor)
Kline (Vice Mayor)
2005-06 King (Mayor)*
Kline (Vice Mayor)*
Kline (Mayor)*
Kao (Vice Mayor)
2006-07 Kao (Mayor)
Waltonsmith (Vice Mayor)
Kao (Mayor)
Waltonsmith (Vice Mayor)
2007-08 Waltonsmith (Mayor)*
Page (Vice Mayor)
Waltonsmith (Mayor)*
Page (Vice Mayor)
2008-09 Page (Mayor)
King (Vice Mayor)
Page (Mayor)
King (Vice Mayor)
2009-10 King (Mayor)*
Hunter (Vice Mayor)*
King (Mayor)*
Hunter (Vice Mayor)*
2010-2011 Miller (Mayor)
Page (Vice Mayor)
Miller (Mayor)
Page (Vice Mayor)
2011-12 Page (Mayor)
Hunter (Vice Mayor)
Page (Mayor)
Hunter (Vice Mayor)
2012-13 Hunter (Mayor)
Lo (Vice Mayor)
Hunter (Mayor)
Lo (Vice Mayor)
2013-14 Lo (Mayor)*
Miller (Vice Mayor)
Lo (Mayor)*
Miller (Vice Mayor)
2014-15 Miller (Mayor)
Cappello (Vice Mayor)
Miller (Mayor)
Cappello (Vice Mayor)
2015-16 Cappello (Mayor)
Lo (Vice Mayor)
Cappello (Mayor)
Lo (Vice Mayor)
2016-17 Lo (Mayor)
Bernald
Lo (Mayor)
Bernald
2017-18 Bernald (Mayor)
Cappello (Vice Mayor)
Bernald (Mayor)
Cappello (Vice Mayor)
2018-19 Cappello (Mayor)
Miller (Vice Mayor)
Cappello (Mayor)
Miller (Vice Mayor)
2019-20 Miller (Mayor)*
Kumar (Vice Mayor)
Miller (Mayor)*
Bernald (Vice Mayor)
2020-21 Kumar (Mayor)
Bernald (Vice Mayor)
Zhao (Mayor)
Walia (Vice Mayor)
2021-22 Bernald (Mayor)
Walia (Vice Mayor)
9
Page 2 of 2
* Indicates end of term on Council
Rotation Notes:
Terms for Mayor and Vice Mayor are one year in length from December to December.
1999: Mayor Shaw died in office, August 2, 1999. Bogosian was designated Mayor Pro Tempore with the
Mayor’s position vacant until the next Council Reorganization.
2002-03: Streit elected as Mayor by Council majority out of rotation.
2003-04: Streit relinquishes place in rotation. Each subsequent Council position moves up in rotation.
2006-07: “Normal” rotation re-established.
2009-10: Nagpal passed away while in office May 2010. Cappello appointed to fill the remainder of her
term.
2010-11: Cappello ineligible to serve as Vice Mayor, because of appointment to Council, thereby moving
Page, Hunter, and Lo up in the rotation and making Lo eligible to serve as Mayor in 2013-14.
2019-20: Bernald elected as Vice Mayor by Council majority out of rotation.
2020-21: Zhao elected as Mayor by Council majority out of rotation
2020-21: Walia elected as Vice Mayor by Council majority out of rotation
Election Results
Election Year Results
1998 1.Mehaffey
2. Streit
3. Baker
2000 1.Bogosian
2. Waltonsmith
2002 1.Streit
2. King
3. Kline
2004 1.Kao
2. Waltonsmith
2006 1.Page
2. King
3. Hunter
2008 1.Miller
2. Nagpal
2010 1.Page
2. Hunter
3. Lo
2012 1.Miller
2. Cappello
2014 1.Lo
2. Bernald
3. Kumar
2016 1.Cappello
2. Miller
2018 1.Kumar
2. Bernald
3. Zhao
2020 1.Walia
2. Fitzsimmons
10
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: December 1, 2021
Subject: Written Communications, Reorganization Item
Following publication of the agenda packet for the December 1, 2021 City Council meeting,
written communications were submitted for the Reorganization Item. The communications are
attached to this memo.
11
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: December 1, 2021
Subject: Written Communications, Reorganization Item
Following publication of the agenda packet for the December 1, 2021 City Council meeting,
additional written communications were submitted for the Reorganization Item. The
communications are attached to this memo.
From:Kwun-Nan Lin
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:Britt Avrit
Subject:December 1 election of Saratoga Mayor
Date:Tuesday, November 30, 2021 5:48:50 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Hi all,
I live in Saratoga and would like to show my support to elect Tina Walia as the mayor. She
comes well-prepared and asks all the right questions to understand complex issues. Her hard-work and
leadership shows. She also leads by examples. (For examples, she filled up her swimming pool and
converted lawn to drought resistant landscape to conserve water.)
Thank you very much
Kwun-Nan Lin
From:Kittur Nagesh
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:Britt Avrit
Subject:Saratoga Mayor"s Election, Dec. 1, 2021
Date:Tuesday, November 30, 2021 8:47:58 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear City Council,
As a neighbor, I have often seen Tina in action. Talking to neighbors, empathizing with their
challenges, brainstorming solutions, and always trying to do what is right for Saratoga. Given
her educational background, she always brings a great blend of business, architecture, and
sustainability into her frame of analysis. That is the type of mayor we need for Saratoga!
_______________________
Kittur Nagesh
Saratoga Resident for 17 years
From:Sunil Mehta
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:Britt Avrit
Subject:Upcoming mayoral election on December 1
Date:Tuesday, November 30, 2021 9:33:07 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Saratoga City Council,
I believe that one of the reasons Tina Walia received the most votes in the 2020 election was
her proven expertise in land-use issues based on her professional education and her 10 years
of service on the Saratoga Planning Commission. She has already demonstrated that value
throughout her first year on the City Council, and her experience will make her the best leader
for Saratoga in the coming year as the city works toward updating the Housing element and
faces continuing pressure from Sacramento related to land-use policies. As a longtime
Saratoga resident, I strongly feel that Tina Walia is ready to lead as the Mayor of Saratoga.
Sincerely,
Sunil Mehta
From:Satyajeet Ahuja
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:Britt Avrit
Subject:Mayor election meeting. December 1.
Date:Tuesday, November 30, 2021 10:27:52 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Hello Everyone,
I am Satyajeet Ahuja and I have been a resident of Saratoga for the past 4
yrs.
It is my great pleasure and honor to support Ms. Tina Walia for the post of
Mayor of Saratoga.
Tina comes with vast experience in planning commission and has a diverse
background. She received maximum votes in the city council elections last
year. Her loyalty to this community is unflappable.
In electing Ms. Tina Walia as Mayor, Saratoga City Council would be
choosing a leader committed to full transparency, dedicated to work for all
Saratogans.
Thank you very much.
Regards,
Satyajeet Ahuja
Saratoga, CA 95070.
From:Tina Walia
To:Britt Avrit
Subject:Fw: Saratoga Mayor Election 12-01-2021
Date:Wednesday, December 1, 2021 8:11:13 AM
Hi Britt - For your records. Thanks.
From: Peg Towns
Sent: Tuesday, November 30, 2021 10:20 PM
To: Yan Zhao <yzhao@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>; Rishi Kumar
<rkumar@saratoga.ca.us>; Kookie Fitzsimmons <kookie@saratoga.ca.us>; mlbernal@saratoga.ca.us
<mlbernal@saratoga.ca.us>; barit@saratoga.ca.us <barit@saratoga.ca.us>
Subject: Saratoga Mayor Election 12-01-2021
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
I would like to recommend Tina Walia for the next mayor of Saratoga. In the 20 years I have
known her she has been a person of high integrity, she tackles difficult problems, endeavors to
find the best options and solutions for ALL the residents of Saratoga. Her maturity will serve
Saratoga well. Mrs. Margaret Towns.
From:Lucas P
To:Yan Zhao; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald; Tina Walia
Cc:Britt Avrit
Subject:Council Reorganization on December 01, 2021 – Letter of Support
Date:Wednesday, December 1, 2021 10:05:03 AM
Attachments:2021-12-01.Letter of Support Mayor.LMP.pdf
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Yan, Kookie, Rishi, Mary-Lynne, and Tina,
Please find enclosed a letter of support I would like to submit for your consideration for tonight's
Council Reorganization.
Sincerely,
Lucas Pastuszka
Prior Saratoga Planning Commissioner
From:Pankaj Mathur
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:Britt Avrit
Subject:Mayor Election on December 1, 2021 in City Council Meeting
Date:Wednesday, December 1, 2021 12:48:18 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Saratoga City Council,
I would like to share my thoughts on Mayor's election today evening. I propose that Tina Walia should be
the next Mayor of Saratoga. Tina Walia has the leadership qualities needed by the Mayor because she
performed her duties extremely well as a Vice-Mayor of Saratoga, building upon her previous experiences
of being a two-time Chair of the Planning Commission. With her professional background, hard work and
dedication, I am sure she will serve this community very well.
Thank you for your services!
Regards,
Pankaj Mathur
From:City Council
To:Mary-Lynne Bernald; Rishi Kumar; Yan Zhao; James Lindsay; Crystal Bothelio; Tina Walia; Kookie Fitzsimmons;
Britt Avrit
Subject:FW: Mayorship
Date:Wednesday, December 1, 2021 1:20:33 PM
From: Gurdeep Chawla
Sent: Wednesday, December 1, 2021 1:20:20 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council <saratoga_cc@saratoga.ca.us>
Subject: Mayorship
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Hello City Council Members.
Holiday greetings to all of you.
I am a 18 year long Saratoga resident. I was just informed about Mayorship election tonight. I
want to express my surprise that the two term and highest vote winner member in 64 years, Mr
Rishi Kumar has not yet been given a chance to be the Mayor. Rishi has done a lot for the
community and always stood for our rights as a community: be it neighborhood watch or
water prices or our elderly population. It is simply shocking that even after two terms he is not
getting a chance of Mayorship.
I strongly recommend Rishi Kumar’s name for our Mayor
Always a pleasure working with you.
Gurdeep Kaur Chawla
www.indialanguageservices.com
Indian Languages Services LLC
Member of TAALS
From:Hari Sripadanna
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald; Britt Avrit
Cc:Hari Sripadanna
Subject:Elect on December 1st, Tina Walia as Saratoga’ Mayor
Date:Wednesday, December 1, 2021 2:39:43 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Saratoga Council
As a fellow architect and part of Saratoga design professionals we support vice mayor Tina
Walia’s vision for Saratoga. We support her vision for
Protecting open sky, fresh air, green undulating hills with natural creeks
Creating a new vision and identity for Saratoga
Supporting all the great cultural institutions
Repurposing all the public amenities and for all to enjoy
Connecting all Saratoga citizens to the resources so that citizens and their families
are connected and better prepared for natural disasters.
I urge all Saratoga city council to elect her Mayor! She does her homework, works
hard and is very qualified for this responsibility.
Wishing her the very best
Hari Sripadanna
Srusti Architects
Sent from my iPhone
Sent from my iPhone
Sent from my iPhone
From:Emily Lo
To:Yan Zhao; Tina Walia; Kookie Fitzsimmons; Rishi Kumar; Mary-Lynne Bernald
Cc:James Lindsay; Britt Avrit
Subject:Council Re-organization
Date:Sunday, November 28, 2021 6:54:58 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Mayor , Vice Mayor and Councilmembers,
Thank you for your dedication and time to serve the community over the past year. It has
been an eventful year in all respects.
It’s that time of the year for Council Re-organization, and I am writing in the hope that you can
elect Councilmember Mary-Lynne Bernald as Mayor on December 1, 2021.
This will be the eighth and final year for Councilmember Bernald, and an important year of
transition. Mary-Lynne will devote her time entirely on the Council. Having served as Mayor
with multiple assignments in the past, both locally and regionally, engaging Mary-Lynne’s
leadership will enhance sharing of experience and insights, which will greatly benefit the
Council and the City as a whole. She will assist other Council Members to gain the right
footing in their regional involvement, so the whole Council can make a positive impact to the
region. Her election as Mayor aligns with Council protocol as well.
Saratoga community will be benefitted from Mary-Lynne’s mayorship, and I am confident that
whoever succeeds her as Mayor will be capable of serving the City well.
Wish you a productive year ahead.
Regards,
Emily Lo
12
From:James Lindsay
To:Crystal Bothelio; Britt Avrit
Subject:FW: Saratoga City Council Mayor/Vice Mayor Appointments Dec. 1
Date:Monday, November 29, 2021 8:34:28 AM
From: MR & MRS J PERUSA
Sent: Monday, November 29, 2021 8:18 AM
To: James Lindsay <jlindsay@saratoga.ca.us>
Subject: Fwd: Saratoga City Council Mayor/Vice Mayor Appointments Dec. 1
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
James,
My message to city council members regarding the
reorganization taking place Wednesday night.
Laurel
---------- Original Message ----------
From: MR & MRS J PERUSA
To: "yzhao@saratoga.ca.us" <yzhao@saratoga.ca.us>, "twalia@saratoga.ca.us"
<twalia@saratoga.ca.us>, "kookie@saratoga.ca.us" <kookie@saratoga.ca.us>,
"mlbernald@saratoga.ca.us" <mlbernald@saratoga.ca.us>, "rkumar@saratoga.ca.us"
<rkumar@saratoga.ca.us>
Date: 11/29/2021 8:10 AM
Subject: Saratoga City Council Mayor/Vice Mayor Appointments Dec. 1
Dear Council Members,
As City Council members I deeply appreciate the dedication you have
directed to Saratoga over the past year. I am writing to you regarding the
City Council
reorganization that will take place this Wednesday night.
Saratoga is an extraordinary city! I would like to see Mary - Lynne
Bernald
appointed mayor, Tina Walia appointed vice mayor. These two
appointments
would ensure strong leadership 2022 and 2023.
2022 will be Mary - Lynne's last year on the City Council During the two
terms
Mary -Lynne has served on City Council she has demonstrated
outstanding
leadership, problem solving, she is highly skilled at making appropriate
decisions.
Mary - Lynne studies each issue with care, she is dedicated to our city.
13
Mary -Lynne represents Saratoga well.
Tina is completing her first year as vice mayor. This year has given Tina
who
is highly skilled and intelligent the opportunity to understand the issues
facing
Saratoga. If appointed vice mayor for 2022 Tina will continue to be well
versed
in issues facing our city, outstanding preparation to be Mayor for 2023. As
Mayor
in 2023 Tina would lead Saratoga with strong experience, knowledge, and
skills.
Our city deserves strong leadership. Mary - Lynne and Tina would
provide strong
leadership serving Saratoga as Mayor in the previously defined years.
Please consider my perspective when appointing mayor and vice mayor
Wednesday night.
With deep gratitude,
Laurel B. Perusa
14
SARATOGA CITY COUNCIL
MEETING DATE:December 1,2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the November 17, 2021 City Council Meeting.
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 November 17, 2021 City Council Meeting
15
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: December 1, 2021
Subject: Revised Minutes
Following publication of the agenda packet for the December 1, 2021 City Council meeting,
Council Member Bernald requested the following amendment to her Council Assignments Report
in the November 17, 2021 Minutes.
West Valley Solid Waste Management Joint Powers Authority – the Authority received a report on
regulatory changes and program updates and status report of the implementation of SB 1383,
discussed how the hauler handled missed garbage pick-ups, and approved assessing $21,139 in
liquidated damages for those missed pick-ups. And discussed how the haulers handle missed
garbage pick-ups.
The revised Minutes are attached to this memo and revised Recommended Action is provided
below if the Council wishes to approve the Amended Minutes.
Recommended Action:
Approve the Minutes as amended and shown in the Supplemental Memo for the November 17,
2021 City Council Meeting.
16
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 1 of 8
MINUTES
WEDNESDAY, NOVEMBER 17, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Zhao called the Regular Session to order at 7:00 p.m. via teleconferencing through Zoom.
Prior to Roll Call, the City Clerk explained the City Council meeting was conducted pursuant to
State law as recently amended by Assembly Bill 361, which allows the meeting to be conducted
entirely by teleconference. The City Council has met all the applicable notice requirements and
the public is welcome to participate. All Council Members, staff, and meeting attendees
participated by Zoom. Information on how the public can observe the meeting and provide public
comment was provided.
ROLL CALL
PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members
Mary-Lynne Bernald, Rishi Kumar, Kookie Fitzsimmons
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Captain Rich Urena, Santa Clara County Sheriff’s Office
Britt Avrit, City Clerk
Sandra Dalida, Interim Administrative Services Director
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Mainini Cabute, Environmental Program Manager
Lauren Pettipiece, Public Information Officer
Kayla Nakamoto, Administrative Analyst
Maggie Huang, Interim Finance Manager
(All staff members appearing via teleconference)
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on November 10, 2021.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following individuals spoke at this time:
Daniel Rhoads - discussed impacts of SB 9 and SB 10.
17
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 2 of 8
CEREMONIAL ITEMS
Family Court Awareness Month
Recommended Action:
Proclaim November as Family Court Awareness Month in the City of Saratoga.
The City Council proclaimed November as Family Court Awareness Month in the City of
Saratoga.
AINAK Eyeglasses Commendation
Recommended Action:
Commend AINAK Eyeglass for helping to provide essential eye care services to those who
cannot afford them.
The City Council commended AINAK Eyeglass for helping to provide essential eye care
services to those who cannot afford them.
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19, Housing Element Community Meetings,
Holiday Tree Lighting and Wine Stroll and Celebration of Light.
1.CONSENT CALENDAR
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 3, 2021 City Council Meeting.
BERNALD/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE
NOVEMBER 3, 2021 CITY COUNCIL MEETING.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: 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:
11/3/21 Period 5; 11/10/21 Period 5.
BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES: 11/3/21 PERIOD 5; 11/10/21 PERIOD 5.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
18
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 3 of 8
1.3. Treasurer’s Report for the Month Ended September 30, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2021.
BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT THE
TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2021.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Reconsider and confirm findings pursuant to Assembly Bill 361
Recommended Action:
Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence
of a state of emergency and public health officials’ recommendation of social distancing.
BERNALD/FITZSIMMONS MOVED TO CONFIRM FINDINGS PURSUANT TO
ASSEMBLY BILL 361 OF THE CONTINUED EXISTENCE OF A STATE OF
EMERGENCY AND PUBLIC HEALTH OFFICIALS’ RECOMMENDATION OF
SOCIAL DISTANCING.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.5. Notice of Completion – 2020 Pavement Management Program Project
Recommended Action:
Move to accept the 2020 Pavement Management Program (2020 PMP) contract as complete
and authorize staff to record the Notice of Completion.
BERNALD/FITZSIMMONS MOVED TO ACCEPT THE 2020 PAVEMENT
MANAGEMENT PROGRAM (2020 PMP) CONTRACT AS COMPLETE AND
AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION.MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR,
WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.6. Annual Code Update for 2021
Recommended Action:
Adopt the attached ordinance amending City Code sections 1-15.040 (concerning
computation of time), 2-05.030 and 15-90.065 (concerning appeals by City Council
members); 2-10.080 concerning title of Vice Mayor); 2-12.020, 080 and 2-15.050
(concerning Commissions and Commissioners), 3-10.070 (concerning appeal hearings), 5-
25.070 (concerning reporting of transient occupancy tax information); 6-05.050 (concerning
review of emergency declarations); 7-30.051 and .060 (concerning leaf blowers); 13-10.040
(concerning the Heritage Preservation Commission); 14-25.080 (concerning parkland
dedication); 15-50.070 and 080 (concerning tree removal permits); 15-85.050 (concerning
notice of Planning Commission public hearings); 16-18.025 (concerning automatic
sprinklers); and Chapter 14 (correcting cross references to state law).
ORDINANCE 383
19
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 4 of 8
BERNALD/FITZSIMMONS MOVED TO ADOPT THE ATTACHED ORDINANCE
AMENDING CITY CODE SECTIONS 1-15.040 (CONCERNING COMPUTATION
OF TIME), 2-05.030 AND 15-90.065 (CONCERNING APPEALS BY CITY COUNCIL
MEMBERS); 2-10.080 CONCERNING TITLE OF VICE MAYOR); 2-12.020, 080 AND
2-15.050 (CONCERNING COMMISSIONS AND COMMISSIONERS), 3-10.070
(CONCERNING APPEAL HEARINGS), 5-25.070 (CONCERNING REPORTING OF
TRANSIENT OCCUPANCY TAX INFORMATION); 6-05.050 (CONCERNING
REVIEW OF EMERGENCY DECLARATIONS); 7-30.051 AND .060 (CONCERNING
LEAF BLOWERS); 13-10.040 (CONCERNING THE HERITAGE PRESERVATION
COMMISSION); 14-25.080 (CONCERNING PARKLAND DEDICATION); 15-50.070
AND 080 (CONCERNING TREE REMOVAL PERMITS); 15-85.050 (CONCERNING
NOTICE OF PLANNING COMMISSION PUBLIC HEARINGS); 16-18.025
(CONCERNING AUTOMATIC SPRINKLERS); AND CHAPTER 14 (CORRECTING
CROSS REFERENCES TO STATE LAW).MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.7. Budget Resolution for Grant Funds Awarded by the Metropolitan Transportation
Commission Safe and Seamless Mobility Quick-Strike Program Grant in the amount of
$1,800,000 and changing the project title of the Guava/Fredericksburg Entrance & Railroad
Crossing Improvements
Recommended Action:
Approve a budget resolution to appropriate $1,800,000 in MTC Safe and Seamless Mobility
Quick Strike Program grant funds into the Fiscal Year 2021/22 Capital Improvement
Program Budget and to change the title of the Guava/Fredericksburg Entrance & Railroad
Crossing Improvements project to the Blue Hills Elementary Pedestrian Crossing at Union
Pacific Railroad (UPRR) Project.
RESOLUTION 21-078
BERNALD/FITZSIMMONS MOVED TO APPROVE A BUDGET RESOLUTION TO
APPROPRIATE $1,800,000 IN MTC SAFE AND SEAMLESS MOBILITY QUICK
STRIKE PROGRAM GRANT FUNDS INTO THE FISCAL YEAR 2021/22 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND TO CHANGE THE TITLE OF THE
GUAVA/FREDERICKSBURG ENTRANCE & RAILROAD CROSSING
IMPROVEMENTS PROJECT TO THE BLUE HILLS ELEMENTARY
PEDESTRIAN CROSSING AT UNION PACIFIC RAILROAD (UPRR) PROJECT.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Mandatory Organic Waste Disposal Reduction Ordinance in Compliance with Senate
Bill 1383
Recommended Action:
Adopt the Mandatory Organic Waste Disposal Reduction Ordinance required by the State of
California.
ORDINANCE 384
20
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 5 of 8
BERNALD/FITZSIMMONS MOVED TO ADOPT THE MANDATORY ORGANIC
WASTE DISPOSAL REDUCTION ORDINANCE REQUIRED BY THE STATE OF
CALIFORNIA.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2.GENERAL BUSINESS
2.1. School Resource Officer Funding for Fiscal Year 2022/23
Recommended Action:
Review funding of the School Resource Officer for Fiscal Year 2022/23.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Cynthia Chang, David Guidry, Katherine
Tseng, Michael Grove, Cynthia Miller, Theresa Bond
KUMAR/BERNALD MOVED TO CONTINUE FUNDING FOR THE SCHOOL
RESOURCE OFFICER FOR FY 2022/2023 IF CURRENT SCHOOL RESOURCE
OFFICER COST SHARE RATIO BETWEEN THE CITY AND SCHOOL
DISTRICTS IS MAINTAINED.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
2.2. Review of Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha
Court, and Minocqua Court
Recommended Action:
Review Motor Vehicle Resolution No. 326 restricting parking on Douglass Lane, Black
Walnut Court, Kenosha Court, and Minocqua Court and direct staff accordingly.
M. Leah Cabute, Environmental Program Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Praveen Akkiraju, Tim Walsh, Ralph, Claudia,
Nani, Pravin Madhani, Nancy, IDRE, Donald Packwood
The City Attorney clarified that the effect of the motion will be to allow the resolution adopted
in 2020 to remain in effect.
KUMAR/BERNALD MOVED TO MAKE MOTOR VEHICLE RESOLUTION 326
AND RESTRICTED PARKING PERMANENT.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
21
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 6 of 8
2.3. Comment Letter on the Draft EIR for the El Paseo Project
Recommended Action:
Authorize submittal of a letter to the City of San Jose commenting on the Draft EIR for the
El Paseo Mixed Use project at 1312 El Paseo De Saratoga & 1777 Saratoga Avenue.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
BERNALD/WALIA MOVED TO AUTHORIZE SUBMITTAL OF A LETTER TO THE
CITY OF SAN JOSE COMMENTING ON THE DRAFT EIR FOR THE EL PASEO
MIXED USE PROJECT AT 1312 EL PASEO DE SARATOGA & 1777 SARATOGA
AVENUE.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
The Mayor requested a brief recess and reconvened the meeting at 9:16 p.m.
2.4. Annual Review --Saratoga Climate Action Plan 2030
Recommended Action:
Accept report on the Annual Review of the City’s Climate Action Plan.
M. Leah Cabute, Environmental Program Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/BERNALD MOVED TO ACCEPT REPORT ON THE ANNUAL REVIEW OF
THE CITY’S CLIMATE ACTION PLAN.MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2.5. Ordinance Banning Sale of Flavored Tobacco Products
Recommended Action:
Provide direction to staff on whether to prepare an ordinance expanding current restrictions
on the sale of flavored tobacco to include menthol tobacco products.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Mary Ann Welch, Carol Baker, Lori Bremner,
Tanya Payyappilly, Claudia, Vanessa Marvin
22
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 7 of 8
BERNALD/WALIA MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE
EXPANDING CURRENT RESTRICTIONS ON THE SALE OF FLAVORED
TOBACCO TO INCLUDE MENTHOL TOBACCO PRODUCTS.MOTION PASSED
BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA,
ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.6. Suicide Prevention Policy
Recommended Action:
Provide direction to staff on whether to prepare a suicide prevention policy for Council
consideration at a future meeting.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Vic Ojakian, Uday Kapoor
ZHAO/WALIA MOVED TO DIRECT STAFF TO PREPARE A SUICIDE
PREVENTION POLICY FOR COUNCIL CONSIDERATION AT A FUTURE
MEETING.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
COUNCIL ASSIGNMENTS
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – the Board discussed hiring a part-time
gardener and giving staff a cost-of-living increase.
Saratoga Historical Foundation –this organization will be meeting on November 18, 2021.
Santa Clara/Santa Cruz Airport/Community Roundtable – at the meeting held on November 11,
2021, a decision was made to disband as of December 31, 2021 and the process for wrapping up
the finances for this organization was discussed.
West Valley Solid Waste Management Joint Powers Authority – the Authority received a report on
regulatory changes and program updates and status report of the implementation of SB 1383,
discussed how the hauler handled missed garbage pick-ups, and approved assessing $21,139 in
liquidated damages for those missed pick-ups.
West Valley Clean Water Program Authority – stated the Authority met in Closed Session,
discussed the status of key objectives, cost of services and long-term funding options.
Council Member Kookie Fitzsimmons
Chamber of Commerce –stated she attended this meeting with nothing to report.
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority – discussed the presentation provided
regarding the Library System during the pandemic.
West Valley Clean Water Program Authority – discussed the drought presentation provided at the
meeting.
23
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 8 of 8
Vice Mayor Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – the Board decided to extend relief for
outstanding balances and delinquent accounts until March 2022; discussed decarbonization,
various programs offered and the status of those programs.
Cities Association of Santa Clara County-Legislative Action Committee – discussed presentation
received from Senator Cortese regarding legislation.
Cities Association of Santa Clara County – discussed the presentation received, the Board
discussed of the budget and held the election of officers.
Saratoga Ministerial Association – discussed the Celebration of Light event and upcoming
interfaith Thanksgiving service.
Mayor Yan Zhao
Valley Transportation Authority (VTA) Policy Advisory Committee – the Authority approved 2016
Measure B Highway Interchange Project List and the 2016 Measure B 10-Year Program Priority
List and reviewed the work plan for next year.
West Valley Mayors & Managers –stated recent meeting was the first time they were able to meet
in person since the beginning of the pandemic; nothing to report.
West Valley Sanitation District – nothing to report, routine business.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
No report
ADJOURNMENT
BERNALD/ FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 10:30 P.M.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga
24
Rene Rivera, 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
11/17/2021 144315 345 31 790,876.95 11/17/2021 11/10/2021 144314
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
11/17/2021 144315 4Leaf General Fund CDD Oct Plan Review 37,260.54
11/17/2021 144331 O'Grady Paving Gas Tax Fund PW 2021 Pavement Management 673,560.02
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Fund Purpose
StatusReason Issued to
Issued to
Prior Check RegisterChecks
ReleasedTotal Checks Amount
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:Finance & Administrative Services
11/17/21 Period 5
PREPARED BY:
Ending Check
#
Starting
Check #Type of Checks Date
25
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 11/17/2021 CITY OF SARATOGA VENCHK11
TIME: 17:51:09 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 5/22
FUND FUND TITLE AMOUNT
111 GENERAL FUND 77,828.68
233 SARAHILLS LIGHTING DIST 217.10
244 CUNNINGHAM/GLASGOW LND 9.67
251 MCCARTYSVILLE LANDSCAPE 19.15
252 PRIDES CROSSING LANDSCAPE 27.15
271 BEUACHAMPS L&L 54.25
272 BELLGROVE L&L 601.85
274 HORSESHOE DRIVE L&L 9.56
276 TOLLGATE L&L 9.63
411 CIP STREET PROJECTS FUND 2,469.70
413 CIP FACILITY PROJECT FUND 2,928.92
481 GAS TAX FUND 673,560.02
611 LIABILITY /RISK MGMT FUND 3,250.00
612 WORKERS COMP FUND 158.00
621 OFFICE SUPPORT 159.69
622 IT SERVICES 9,927.99
624 BUILDING MAINTENANCE 6,626.08
713 WVCWP AGENCY FUND 13,019.51
TOTAL REPORT 790,876.95
26
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 11/17/2021 CITY OF SARATOGA VENCHK11
TIME: 17:49:49 CHECK REGISTER ACCOUNTING PERIOD: 5/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144315 11111 11/17/21 1422 4LEAF INC. 22119 OCT PLAN REVIEW 37,260.54
144316 11111 11/17/21 1600 ARTICULATE SOLUTIONS, INC 64313 WVCWP OUTREACH 2,145.82
144317 11111 11/17/21 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNALS MTN 680.00
144317 11111 11/17/21 1137 BEAR ELECTRICAL SOLUTIONS 64535 TRAFFIC SIGNALS MTN 3,400.00
TOTAL CHECK 4,080.00
144318 11111 11/17/21 552 CA DEPARTMENT OF JUSTICE 64161 OCT FINGERPRINT APPS 96.00
144319 11111 11/17/21 1159 CHAVAN & ASSOCIATES, LLP 65131 CITY AUDIT 14,275.00
144319 11111 11/17/21 1159 CHAVAN & ASSOCIATES, LLP 65131 GANN LIMIT REPORT 1,000.00
144319 11111 11/17/21 1159 CHAVAN & ASSOCIATES, LLP 65131 TDA AUDIT AND REPORT 1,500.00
TOTAL CHECK 16,775.00
144320 11111 11/17/21 1152 CORODATA RECORDS MANAGEME 62631 DATA STORAGRE 159.69
144321 11111 11/17/21 250 COTTON SHIRES AND ASSOCIA 81144 MAR-OCT 21 ENG MT EDN 891.00
144321 11111 11/17/21 250 COTTON SHIRES AND ASSOCIA 81144 OCT ENG PALOMINO WY 1,578.70
TOTAL CHECK 2,469.70
144322 11111 11/17/21 1681 DAVEY RESOURCE GROUP, INC 22119 SEPT ARBORIST CONSULT 5,673.75
144323 11111 11/17/21 500 GARY JORDAO 46246 KMP RESERV# 35210 13.50
144324 11111 11/17/21 461 GOVERNMENT FINANCE OFFICE 62251 FY21/21 MMBRSHP RENEW 250.00
144325 11111 11/17/21 1163 INSIGHT PUBLIC SECTOR, IN 64319 BARRACUDA TOTAL EMAIL PRO 9,780.00
144326 11111 11/17/21 500 LINDA MEANS 43481 TRP#21-0394 125.00
144327 11111 11/17/21 1729 LORIN M FINK 68618 TELEPROMPTING 600.00
144328 11111 11/17/21 1191 MGT OF AMERICA, INC. 64152 SB 90 FY 21/22 900.00
144329 11111 11/17/21 1164 MOUSER LAW FIRM 65273 FY 21/22 LEGAL SERVICES: 1,280.00
144330 11111 11/17/21 1324 READYREFRESH 62614 DRINKING WATER SVC 132.10
144331 11111 11/17/21 777 O'GRADY PAVING, INC. 81161 2021 PAVEMENT MGMT 709,010.55
144331 11111 11/17/21 777 O'GRADY PAVING, INC. 21132 RETENTION HOLD -35,450.53
TOTAL CHECK 673,560.02
144332 11111 11/17/21 500 OSWALDO MORENO 24211 JP COMM CTR RES#34503 500.00
144332 11111 11/17/21 500 OSWALDO MORENO 46211 JP COM CTR RES#34503 250.00
TOTAL CHECK 750.00
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS 54.25
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 601.85
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 6,493.98
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW 9.67
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 HORSEHOE DR LNDSCAP 9.56
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE 19.15
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 696.57
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING 27.15
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 217.10
27
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 11/17/2021 CITY OF SARATOGA VENCHK11
TIME: 17:49:49 CHECK REGISTER ACCOUNTING PERIOD: 5/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE 9.63
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS 1,483.97
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 CITY WIDE ST LIGHTS 799.50
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 2,432.44
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 222.37
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 634.17
144333 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 ENERGY EFF RETROFIT 653.83
TOTAL CHECK 14,365.19
144334 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 LIBRARY LNDSCP LIGHTS 25.46
144335 11111 11/17/21 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 148.06
144336 11111 11/17/21 1550 PLAN JPA 62419 MAR CYBER SVCS 3,250.00
144337 11111 11/17/21 1 SANTA CLARA COUNTY - DTAC 62325 OCT PRKNG CITATIONS 87.50
144338 11111 11/17/21 1687 SCI CONSULTING GROUP 64745 WVCWP SERVICE STUDY 10,832.20
144339 11111 11/17/21 1601 SHEILA TUCKER 61111 COMPUTER ACCESSORIES 41.49
144340 11111 11/17/21 313 BAY AREA NEWS GROUP 62132 OCT ADVERTISING CDD 473.00
144340 11111 11/17/21 313 BAY AREA NEWS GROUP 62132 OCT ADVERTISING CMD 1,126.00
TOTAL CHECK 1,599.00
144341 11111 11/17/21 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00
144342 11111 11/17/21 500 TOD HUDDLESON 43481 TRP#21-0457 125.00
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 ADMIN SVCS 59.99
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 BLDG & INSPECTION 153.37
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 140.99
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 IT SERVICES 147.99
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 PARKS 116.29
144343 11111 11/17/21 395 VERIZON WIRELESS 63212 STREETS 138.37
TOTAL CHECK 757.00
144344 11111 11/17/21 1698 WEST GENERAL, LLC 81121 FIRESIDE ROOM ACOUSTIC PA 2,928.92
144345 11111 11/17/21 500 YOUNGJOON JEONG & SUKWON 43471 BF BLDG PERMIT 428.00
144345 11111 11/17/21 500 YOUNGJOON JEONG & SUKWON 21932 BF CBSC FEE 1.00
144345 11111 11/17/21 500 YOUNGJOON JEONG & SUKWON 43477 BF SMIP RESIDENTIAL 2.81
144345 11111 11/17/21 500 YOUNGJOON JEONG & SUKWON 41412 BF SUPP BL PERMIT F 76.20
TOTAL CHECK 508.01
TOTAL FUND 790,876.95
TOTAL REPORT 790,876.95
28
SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Tree Maintenance Contract for Call-Out Tree Services with Trees 360
Degrees in the amount not-to-exceed $50,000
RECOMMENDED ACTION:
Approve Tree Maintenance Service Contract with Trees 360 Degrees for call-out tree services in
the amount not to exceed $50,000 and authorize the City Manager to execute the same.
BACKGROUND:
During storms or high wind events our tree contractors are frequently called to perform emergency
work. After the strong storm event in October, it was determined that it would be beneficial to have
an additional tree contractor available for tree work during inclement weather. Trees 360 Degrees
and will join our two other maintenance companies who perform tree work for the city. When a tree
poses a safety threat to the public it will be beneficial to have three companies under contract to
perform the work.
It is therefore recommended that City Council approve a contract with Trees 360 Degrees for tree
maintenance services as described in the Recommended Action.
ATTACHMENTS:
Attachment A –Maintenance Service Contract
29
Contractor:Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 1 of 4
City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and _____________________________________
(“Contractor”), who agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1.)
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A attached hereto (“Scope of Work
and Payment Terms”). If designated as a Construction Contract above, the City has solicited informal
bids and selected Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3,
Division 2 (commencing with Section 22030) of the California Public Contract Code and Article 12-15 of
the City of Saratoga Municipal Code.
2. Term.
Start Date:End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
Payment. City shall pay Contractor for work product produced and any authorized reimbursable costs
pursuant to this agreement an amount not to exceed the total sum of:$_________________.
If this contract is for more than one year, the maximum payment amount for each year is set forth in
Exhibit A.
This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
Task Based Contract
See Exhibit A-____incorporated by this reference for additional payment term information.
TREES 360 DEGREES TREE SERVICES CALL-OUTS
TREES 360 DEGREES
✔
TREE SERVICES CALL-OUTS
6/30/2022
50,000.00
✔
30
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 2 of 4
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
3. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s primary representative is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
City, State, Zip:
Telephone(s):
Fax:
Email Address:
Saratoga Business Lic. #:
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department:
Primary Representative:
Street Address:
City, State, Zip:
Telephone:
Fax:
Email Address:
TREES 360 DEGREES TREE SERVICES CALL-OUTS
TREES 360 DEGREES
Straun Edwards
18493 Baylor Ave
Saratoga, CA 95070
408.866.1010
lisa@trees360degrees.com
06700
902783
1000061294
PW-Park and Street Maintenance
Kevin Meek/Rick Torres
19700 Allendale Ave
Saratoga, CA 95070
408.868.1247/408.868.1244
408.868.1278
kmeek@saratoga.ca.us/rtorres@saratoga.ca.us
31
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 3 of 4
4. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copies to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Debbie Bretschneider
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
5. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
6. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and
endorsements shall be delivered to City within ten (10) days after being notified of the award of the
contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 and Contractor shall provide bonds in accordance with the requirements of that exhibit.
7. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
8. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D. Nothing in this paragraph or in the funding entity
requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance
with all applicable laws and regulations.
Exhibit E sets forth provisions regarding:
9. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
10. Entire agreement. This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
11. Authority to Execute agreement. Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
TREES 360 DEGREES TREE SERVICES CALL-OUTS
32
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 4 of 4
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
Signature James Lindsay, City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date: Debbie Bretschneider, City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
TREES 360 DEGREES TREE SERVICES CALL-OUTS
TREE SERVICES CALL-OUTS
33
Contractor:Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less –Exhibit A
Page 1 of 3
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A –Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications, and
other Contract Documents. The term “Contract Documents” means this agreement, all documents
attached to or otherwise made a part of this agreement, including but not limited to those identified in this
Exhibit A, all certificates of insurance and any bonds required by this agreement, and Section 9 of the
State of California, Department of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of payments, compensation for
extra work by force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except with
respect to conflicts with the proposal in which case the other Contract Documents shall govern. The
contractor shall also invoice the City in accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
AND/OR See Exhibit(s) A-____incorporated by this reference.
Rev.
TREES 360 DEGREES TREE SERVICES CALL-OUTS
Notwithstanding Section 5 of the Agreement, no bonds are required for the maintenance work that is the subject of
this Agreement.
Contractor is to provide tree services, including bit not limited to; pruning, removals, stump grinding, cabling,
inspection, purchasing, planting, pest and disease mitigation, staking and restoration as directed by City.
Service to be provided in accordance with Western Chapter ISA Pruning Standards and appropriate American
Each project will be supervised by an ISA Certified Arborist.
Permits will be supplied by the City where necessary and must be available on work site at all times. Permit is not
necessary in emergency situations if work is approved by the City.
Contractor is responsible for underground service alert procedures and coordination with affected utilities,
remarking, shutdowns, damage, etc.
Contractor is responsible for all traffic control, in accordance with California MUTCD Specifications.
Contractor is responsible for ensuring all public safety and thoroughfare throughout all phases of the project.
Pruning is to be done in accordance with Arborist's Report, when provided.
Work dates and hours must be approved by City before commencement of each project.
Contractor is responsible for removal of debris and to leave the site in a tidy and safe condition.
Contractor is to be available for emergency tree work at all times, including week nights and weekends, when
requested by the City.
34
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 2 of 3
Work to be Performed: The Work is described in the documents checked below which are incorporated
into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage rates
that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors, and not
to exceed amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information included as Exhibit A-3.
Plans prepared by ______________________________________,
dated _______________________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by
____________________________________________,
dated _______________________.
Caltrans Standard Specifications for the Construction of Local Streets and Roads, 2015
Edition, English Units (1-9).
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and
fully perform and complete the work.
Contract Time: Contractor shall complete the Work no later than __________________.
If the term “working days” is used here it means any day other than a Saturday, Sunday, or day on which
the City offices are closed in observance of a state or federal holiday; a list of holidays observed by the
City may be obtained from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are appropriate. If
circumstances make it impractical to specify a completion date, calendar or working days may be used.)
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free
from faults and defects and of good quality and fit for the purpose intended. Contractor hereby warrants
its work against all deficiencies and defects for the following number of months or the longest period
permitted by the law of this State, whichever is more, or as otherwise provided in the Contract
Documents.
Number of Months Text:
TREES 360 DEGREES TREE SERVICES CALL-OUTS
✔
✔
✔
Twelve
35
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 3 of 3
Number of Months Numeric:
License Classification: In accordance with Section 3300 of the California Public Contract Code, the
City has determined that the Contractor shall have a License as described below at the time it submits its
bid to the City and at all times it is performing the Work.
License Classification:
Liquidated Damages: If Contractor fails to complete the Work within the Contract Time, the City will
sustain damage. The actual occurrence of damages and the actual amount of the damages which the City
would suffer if the Work were not completed within the Contract Time would be impracticable and
extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not
limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss
suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages
which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time
specified below:
Dollars Per Day Written:
Dollars Per Day Numerical:
for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor
agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that
the City may deduct the amount thereof from any monies due or that may become due to the Contractor
under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during
the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes, provided that the Contractor shall within five (5) days from the
beginning of any such delay notify the Administrator, in writing, of the causes of delay. The
Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings thereon
shall be final and conclusive.
General and Special Conditions: Without limiting the generality of the foregoing, Contractor shall
comply with the following special conditions:
Special Conditions:
TREES 360 DEGREES TREE SERVICES CALL-OUTS
12.00
C-61/D-49
One Hundred Dollars
100.00
36
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 1 of 5
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1. Warranty and Guarantee.
A. Contractor warrants to City that all materials and equipment furnished shall be new, free from
liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
B. Contractor warrants and guarantees for the time period defined on page 2 of Exhibit A, or the
longest period permitted by the law of this State, whichever is greater, or as otherwise provided
in the Contract Documents, that the materials and necessary for the Work shall operate as
provided for in the Contract Documents. During the term of this warranty, Contractor shall,
without delay, provide all materials, parts and labor, at its own expense, which are necessary to
repair and/or correct any and all defects, installation or operational failures in the materials and
equipment from any cause so that said Work will function successfully as originally
contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the
expense of correction of any failure in the materials and equipment that is caused by the sole or
active negligence or willful misconduct of the City. Should Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or replacements be
made before Contractor can be notified, the City may, at its option, make the necessary repairs
or replacements or perform the necessary work and Contractor shall pay to the City the actual
cost of such repairs. Contractor shall also pay to the City any attorneys’ fees incurred to enforce
the obligations herein.
2. Conduct of the Work. Contractor shall:
• Do all things necessary to faithfully perform and complete the Work in a competent
manner.
• All work shall be performed by experienced personnel directly employed and supervised
by the Contractor. The Contractor shall provide management and technical supervision
daily through competent supervisor as required.
• The Contractor shall be responsible for the skills, methods and actions of all employees.
• The Contractor shall cooperate to enable the Administrator to determine the Contractor’s
conformity with these specifications and the adequacy of the work being performed. The
Contractor shall give personal daily supervision of the work and be available for
consultation with the Administrator or an engineer or inspector designated by
Administrator.
• Submit all required samples, product data, certificates, operations and maintenance
instructions, guarantees, and other submittals no later than five (5) days after the date the
City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
TREES 360 DEGREES TREE SERVICES CALL-OUTS
37
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 2 of 5
• Remove from the project site all debris resulting from performance of the Work no less
often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours'
notice to Contractor, clean up the site and deduct the cost from the Contract Price.
• For projects scheduled to require more than three (3) days to complete, prepare and
submit a written daily activity report to City for each day on which work is performed,
including weekends and holidays when worked, and submit the reports to the City no
later than the next day that the City is open for business. The daily reports shall, at a
minimum, include the following information: construction activities and locations, start
or completion of activities, progress on construction activities (including units or portions
of work completed), tests or inspections performed, deliveries of material or equipment,
delays or potential delays, visitors to the site, weather conditions, construction equipment
used, and personal injuries or damage to property.
• Unload, hoist and otherwise handle its own materials, supplies and equipment.
• Keep itself fully informed of all applicable laws including existing and future state and
federal laws and county and municipal ordinances and regulations which in any manner
affect those engaged or employed in the work, or the materials used in the work, or which
in any way affect the conduct of work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
• Observe and comply with, and cause all of its agents and employees to observe and
comply with, all such applicable laws; and shall protect and indemnify the City, and all
elected officials, officers, employees, and agents thereof connected with the Work,
against any claim or liability arising from or based on the violation of any such law,
ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered
in the plans, drawings, specifications, or contract for the work in relation to any such law,
ordinance, regulation, order or decree, Contractor shall forthwith report the same to the
Administrator in writing.
• Set up, identify, coordinate, provide safe access, and obtain all inspections for its work,
as required by any authorized agency or applicable code, prior to covering up work.
3. Progress of The Work.
A. Contractor shall perform all work during the hours of 7:00 a.m. to 6:30 p.m., Monday
through Friday unless otherwise specified in the Special Provisions or authorized by the
City in writing. If the Contractor wishes to work during any other hours or on weekends,
written permission must be received from the City. The request must be received at least
two (2) working days in advance of any work. No work will be allowed on legal holidays
except in the case of an emergency. A listing of holidays observed by City is on file in
the office of the Administrator. If Contractor requests overtime work in which the City
will incur costs, Contractor shall be responsible for payment of the City’s costs incurred
in connection with the overtime work. The City will invoice the Contractor at time and
one half to cover the costs incurred. If Contractor does not pay the invoice within ten
days, the City may deduct the amount billed from other payments due or to become due
to Contractor under the Contract.
B. The Administrator or Administrator’s designee shall have the authority to suspend the
Work, wholly or in part, for such a period as the Administrator may deem necessary.
TREES 360 DEGREES TREE SERVICES CALL-OUTS
38
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 3 of 5
4. Changes in Work.
A. Contractor shall make no changes in the Work without written direction from the City.
Contractor shall not be compensated for any change made without any such written
direction. No changes in the Work covered by this agreement shall exonerate any surety
or any bond given in connection with this agreement.
B. If the City directs the Contractor in writing to make changes in the Work that materially
affect the cost of performing the Work, the Contract Price will be adjusted based on one
of the following:
i. Where the work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities involved in the
changed Work;
ii. By establishment of new unit prices and related quantities for the changed Work;
iii. By a combination of existing and new unit prices and related quantities for the
changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that Contractor
demonstrates materially affect the time required to perform the work, the City will make
a reasonable adjustment to the Contract Time.
5. Inspection and Protection of Work.
A. Contractor shall make the Work accessible at all reasonable times for inspection by the
City. Contractor shall, at the first opportunity, inspect all material and equipment
delivered to the jobsite by others to be used or incorporated in the Contractor's work and
give prompt notice of any defect therein. Contractor assumes full responsibility to
protect the work done hereunder until final acceptance by the City.
B. When the Work is completed, Contractor shall request, in writing, a final inspection.
Within ten (10) days of the receipt of such request, the City shall make a final inspection.
The Contractor or its representatives may be present at the final inspection. The purpose
of such final inspection shall be to determine whether the Work has been completed in
accordance with the Contract Documents, including all change orders and all
interpretations and instructions previously issued.
6. Utility Facilities.
A. The Contractor shall protect from damage any utility facilities that are to remain in place,
be installed, relocated or otherwise rearranged.
B. Attention is directed to the possible existence of underground facilities not known to the
City, or in a location different from that which is shown on the plans or in the Special
Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact
location of all underground facilities prior to doing work that may damage such facilities
TREES 360 DEGREES TREE SERVICES CALL-OUTS
39
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 4 of 5
or interfere with their service, including but not limited to calling USA utility locator
service to mark utilities.
C. If Contractor while performing the Work discovers utility facilities not identified in the
Contract Documents, Contractor shall immediately notify the City and the utility
provider. City shall arrange the removal, relocation, or protection of existing main or
trunk line utility facilities located at the site of the Work but not identified in the
Contract.
D. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to
exercise reasonable care, and remove or relocate existing main or trunk line utility
facilities, it shall be compensated under the Changes in Work section of this Contract,
including payment for equipment on the Project necessarily idled during such work.
E. Contractor will not be entitled to damages or additional payment for delays caused solely
by the failure of City, or the utility provider, to provide for removal or relocation of
existing main or trunk line utility facilities not identified in the Contract Documents,
except for equipment necessarily idled during such work.
F. Contractor shall not be assessed liquidated damages for delay in completing the Work
solely attributable to the failure of City, or the owner of the utility, to provide for removal
or relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents with reasonable accuracy.
G. The right is reserved by the City and its authorized agents, to enter the job for the purpose
of making such changes as are necessary for the rearrangement of its facilities or for
making necessary connections or repairs to their properties. The Contractor shall
cooperate with forces engaged in such work and shall conduct operations in such a
manner as to avoid any delay or hindrance to the work being performed by such other
forces.
7. Differing Site Conditions.
A. The Contractor shall promptly, and before the following conditions are disturbed, notify
the City in writing of any:
i. Material that the Contractor believes may be hazardous waste, as defined in Section
25117 of the California Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing
law;
ii. Subsurface or latent physical conditions at the site differing materially from those
indicated by information about the site made available to bidders prior to the
deadline for submitting bids; or
iii. Unknown physical conditions at the site of any unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in this Contract.
B. The City shall promptly investigate the conditions, and if it finds that such conditions do
materially so differ, or do involve hazardous waste, and cause an increase or decrease in
the Contractor's cost of, or the time required for, performance of any part of the Work, it
shall issue a change order under the provisions described in the Contract Documents.
C. No claim of the Contractor under this section 6 shall be allowed unless the Contractor has
given the notice required in the Contract Documents.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 5 of 5
D. In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from completing the Work. The Contractor shall proceed
with all work to be performed under the Contract. The Contractor shall retain any and all
rights provided either by this Contract or by law which pertain to the resolution of
disputes and protests.
8. Cooperation and Care.
A. Should construction be under way by the City, other agencies or other contractors within
or adjacent to the limits of the work specified or should work of any other nature be
under way by other forces within or adjacent to said limits, the Contractor shall cooperate
with all such other contractors or other forces to the end that any delay or hindrance to
their work will be avoided. The City reserves the right to perform other or additional
work at or near the site (including material sources) at any time, by the use of other
forces.
B. Until the final acceptance of the work, the Contractor shall have the charge and care of
the Work and of the materials to be used therein, including materials for which partial
payment has been received. The City shall not be held responsible for the care or
protection of any material or parts of the Work prior to final acceptance, except as
expressly provided in the Special Provisions.
9. Time.
A. Time is of the essence of this agreement. Contractor shall provide City with scheduling
information in a form acceptable to City, including any changes made by City in the
scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-2
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations.
To this end, please initial and check the following form in the appropriate boxes. Failure to do so may
affect your contract with the City of Saratoga. Please note that for the purposes of this document, you are
referred to as “Contractor.” This checklist must be updated annually or anytime changes occur. Contractor
will provide the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all laws,
codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data Sheet)
for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous Waste
disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their Lockout/Tagout
program if any work is to be done on any sources of hazardous energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical Safety
program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall Protection
program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined Space
program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work outdoors
for two or more hours/day.
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2-
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
Classification(s) or type(s) of workers that will be employed by the contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng. Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm. Surveyors Teamster
Tile Workers
Subcontractor Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
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43
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-4
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-4 Workers Compensation Acknowledgement
To be completed prior to entering the contract by Contractor and each subcontractor performing any
portion of the work:
To: The City of Saratoga
From:
____________________________________________________
(print Contractor or Subcontractor name)
I am aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-insurance
in accordance with the provisions before commencing the performance of the work of this
contract.
I certify that the statement above is correct and that I am authorized to make this statement on behalf of
the contractor named in the first line above.
Signature Date
Print Name & Title
-End of Exhibit A-4-
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B Insurance
The insurance requirements listed below that have an “9” indicated in the space before the requirement
apply to this agreement together with the general requirements for the duration of the contract, and until
the expiration of the warranty period following the final completion and acceptance by the City.
Modifications or waivers to the below requirements are shown in Exhibit E.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request
that they provide certificates of insurance complete with copies of all required endorsements to the
Primary Representative listed in section 4 on page 1. During the term of this agreement and until the
expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide Primary
Representative with updated certificates of insurance reflecting continued satisfaction of the requirements
of this agreement together with updated endorsements in the event of a change in the underlying
insurance policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required
insurance policies. As described in more detail below, the City, its officers, officials, employees, agents,
and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General/Business Liability Insurance with coverage at least as broad as indicated:
$2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property
damage.
$_________________ per occurrence/$______________ aggregate limits for bodily injury
and property damage.
Completed operations coverage. If this box is checked Contractor shall maintain insurance
as required by this contract to the fullest amount allowed by law and shall maintain insurance
for a minimum of five years following the completion of this project. In the event contractor
fails to obtain or maintain completed operations coverage as required by this agreement, the
City at its sole discretion may purchase the coverage required and the cost will be paid by
Contractor.
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance.
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care,
custody and control of the Contractor, regardless of where the vehicles are kept or driven.
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✔
45
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 2 of 4
Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily
injury or disease. If Contractor is not required to maintain Workers’ Compensation Insurance
pursuant to State law, Contractor shall file a verification of that fact with Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk Insurance on a
replacement cost basis in an amount equal to the full replacement cost of the Work on a completed
value basis, including coverage for ‘soft costs’ such as design, engineering, and construction
management fees. The builder's risk insurance shall cover all risks of loss, including but not
limited to fire; lightning; windstorm; hail, explosion; riot; riot attending a strike; civil commotion;
smoke damage; damage by aircraft or vehicles; vandalism and malicious mischief; theft; collapse;
flood; and earthquake. This insurance shall name the City of Saratoga, its elected and appointed
officials, employees, agents and servants and the Contractor as insureds, and shall include
coverage including, but not limited to all damages or loss to the Work; to appurtenances; to
materials and equipment to be used on the Project while the same are in transit or stored on or off
the project site; and/or to construction plant and temporary structures. Builder’s Risk Insurance
policies shall name the City as loss payee, waive all rights of subrogation against City, have a
deductible not to exceed $5,000, and provide City the right to occupy the premises without
termination of the policy until acceptance of the Work.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the following
provisions:
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 Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials,
employees, agents or volunteers. Any available insurance proceeds broader than or in excess of
the minimum insurance coverage requirements and/or limits specified in this agreement shall be
available to the additional insured. The requirements for coverage and limits shall be (1) the
minimum coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named insured;
whichever is greater. The additional insured coverage under Contractor’s policy shall be
''primary and non-contributory" and will not seek contribution from the City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 13 and CG 20 38 04 13. This requirement
does not apply to errors and omissions insurance.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 3 of 4
x Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officers, officials, employees or volunteers.
x The Contractor’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
2. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. The limits of insurance required in this
agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named
insured.
3. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation
which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation, but this provision applies regardless of whether City has received a waiver of subrogation
endorsement from the insurer.
4. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and endorsements
are to be received and approved by the City before work commences. The City reserves the right to
require at any time complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications and failure to exercise this right shall not constitute
a waiver of any of City’s rights pursuant to this agreement.
5. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel
any insurance policy required by this agreement except after providing 30 days prior notice to the City. If
an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer,
Contractor shall immediately provide written notice to the City and obtain substitute insurance meeting
the requirements of this agreement. Nothing in this paragraph relieves Contractor of its obligation to
maintain all insurance required by this agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor may
satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage
applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A: VII.
8. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance requirements
to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Contractor shall
agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is
bound to the City under this agreement. Subcontractors shall further agree to include these same
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 4 of 4
provisions with any sub-subcontractor. Contractor shall provide subcontractor with a copy of the
indemnity and insurance provisions of this agreement as a part of Contractor’s subcontract with
subcontractor. Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to the City.
9. Special Risks or Circumstances. City reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
-End of Exhibit B-
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Exhibit B-1
Page 1 of 1
City of Saratoga Construction Contract for Project of $200,000 or Less
Exhibit B-1 Bonds
Contract is for construction and in excess of $25,000 and subject to Exhibit B-1.
For construction contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified
of the award of the contract, and before the City will execute this agreement or issue a Notice to Proceed,
furnish and file with the City Performance and Payment Surety bonds as set forth below. All bonds shall
be issued and duly executed by a responsible corporate surety listed in the United States Department of
the Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of
California and acceptable to City.
Contractor shall submit:
1. A Performance bond on the form attached, conditioned upon the faithful performance by the
Contractor of all requirements of the Contract Documents. This bond shall be in a sum no less
than one hundred percent (100%) of the total Contract Price.
2. A Payment Surety bond on the form attached that in all respects complies with California Civil
Code sections 9550-9566, inclusive. This bond shall be in a sum no less than one hundred
percent (100%) of the Contract Price.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Faithful Performance Bond
Page 1 of 4
FAITHFUL PERFORMANCE BOND
The City of Saratoga, California (“Owner”) and
______________________________________ (“Contractor”), have
entered into a written agreement for furnishing of all labor, materials, equipment, transportation
and services for the construction of the
_________________________ [PROJECT NAME] (said agreement, together
including all contract documents and changes thereto, the “Construction Contract”) and
Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful
performance of all terms and conditions of the Construction Contract.
NOW, THEREFORE, Contractor, as principal, and
______________________________________ (hereinafter referred to as
“Surety”), as surety, are held and firmly bound unto Owner in the penal sum of
_______________________________________________ Dollars
($_________________________), lawful money of the United States, for the
payment of which sum well and truly to be made as provided in this Faithful Performance Bond
(“Bond”) which consists of this page and the Faithful Performance Bond Terms and Conditions
(consisting of 10 paragraphs) attached to this page. All notices shall be sent to the addresses
below. Surety is an “admitted surety insurer” as described in California Code of Civil Procedure
§ 995.120.
Signed this ___________ day of ___________________, 20____.
Contractor as Principal
(Corp. Seal)
Surety
(Corp. Seal)
Company Name Company Name
Signature Signature
Print Name Print Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Faithful Performance Bond
Page 2 of 4
Note: Signatures of those executing for Surety must be properly acknowledged. The bond must
be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this
bond.
Faithful Performance Bond Terms and Conditions
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the Construction Contract,
Surety and Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. Surety’s obligation under this Bond shall arise after:
3.1 Owner has declared a Contractor Default and has notified Contractor and Surety
that Owner has declared a Contractor Default and has requested and attempted to
arrange a conference with Contractor and Surety to be held not later than seven
days after receipt of such notice to discuss methods of performing the
Construction Contract; and
3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under
the terms of the Construction Contract, to Surety in accordance with the terms of
the Construction Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the Construction Contract with Owner.
The “Balance of the Agreement Price” is the total amount payable by Owner to
Contractor under the Construction Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to be
received by Owner in settlement of insurance or other claims for damages to
which Contractor is entitled, reduced by all valid and proper payments made to or
on behalf of Contractor under the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at
Surety’s expense take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the
Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its
agents or through independent contractors; or
4.3 Obtain bids or negotiated bids from qualified contractors acceptable to Owner for
a contract for performance and completion of the Construction Contract, arrange
for a contract to be prepared for execution by Owner and the contractor selected
with Owner’s concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction
Contract, and pay to Owner the amount of damages as described in Paragraph 6 in
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Faithful Performance Bond
Page 3 of 4
excess of the Balance of the Agreement Price, as calculated under the terms of the
Construction Contract, incurred by Owner resulting from Contractor’s Default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor and with reasonable promptness under the circumstances:
4.4.1 After investigation, determine the amount for which it may be liable to
Owner and, as soon as practicable after the amount is determined, tender
payment thereof to Owner; or
4.4.2 Deny liability in whole or in part and notify Owner citing specific reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of
the notice described in paragraph 3.1 (whether or not a conference has been held pursuant
to paragraph 3.1), or such longer period upon which Owner and Surety may agree in
writing, Surety shall be deemed to be in default on this Bond. If the Surety proceeds as
provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has
denied liability, in whole or in part, without further notice Owner shall be entitled to
enforce any remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act under
Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not
be greater than those of Contractor under the Construction Contract, and the
responsibilities of Owner to Surety shall not be greater than those of the Owner under the
Construction Contract. To the limit of the amount of this Bond, but subject to
commitment by Owner of the Balance of the Agreement Price to mitigation of costs and
damages on the Construction Contract, Surety is obligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective work, materials and
equipment and completion of the Construction Contract;
6.2 Additional legal, design professional, construction management and delay costs
resulting from the Contractor’s Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction
Contract, actual damages caused by delayed performance or non-performance of
Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that are
unrelated to the Construction Contract, and the Balance of the Agreement Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than Owner or its heirs, executors,
administrators or successors.
8. Surety hereby waives notice of any change to the Construction Contract or to related
subcontracts, purchase orders and other obligations, including changes of time, alteration
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Faithful Performance Bond
Page 4 of 4
or addition to the terms of the Contract or the Work to be performed thereunder or the
specifications accompanying the same.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction. The prevailing party in any such action shall be entitled to
recover its attorneys’ fees, to be taxed as an item of costs.
10. Contractor Default is defined as a failure of the Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Labor and Materials Bond
Page 1 of 3
LABOR AND MATERIALS PAYMENT BOND
The City of Saratoga, California (“Owner”) and
______________________________________ (“Contractor”), have
entered into a written agreement for furnishing of all labor, materials, equipment, transportation
and services for the construction of the ______________________________
[PROJECT NAME] (said agreement, together including all contract documents and changes
thereto, the “Construction Contract”) and Contractor is required by the terms of the Construction
Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services
furnished in connection with the Construction Contract.
NOW, THEREFORE, Contractor, as principal, and
______________________________________ (“Surety”), as surety, are
held and firmly bound unto Claimants, as defined herein, in the penal sum of
Dollars
($_________________________), lawful money of the United States, for the
payment of which sum well and truly to be made as provided in this Labor and Materials
Payment Bond (“Bond”) which consists of this page and the Labor and Materials Payment Bond
Terms and Conditions (consisting of 12 paragraphs) attached to this page. All notices shall be
sent to the addresses below. Surety is an “admitted surety insurer” as described in California
Code of Civil Procedure § 995.120.
Signed this ___________ day of ___________________, 20____.
Contractor as Principal
(Corp. Seal)
Surety
(Corp. Seal)
Company Name Company Name
Signature Signature
Print Name Print Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Labor and Materials Bond
Page 2 of 3
Labor and Materials Payment Bond Terms and Conditions
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to Owner to pay for work, labor, materials,
equipment, services, or other items furnished for use and actually used in the
performance of the Construction Contract, which is incorporated herein by reference.
2. With respect to Owner, no obligation shall accrue if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants
including amounts due under the California Unemployment Insurance Code with
respect to work or labor performed under the Construction Contract, or for any
amounts required to be deducted, withheld, and paid over to the State of
California Employment Development Department from the wages of employees
of Contractor and subcontractors pursuant to Section 13020 of the California
Unemployment Insurance Code with respect to such work and labor; and
2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or
suits by any person or entity whose claim, demand, lien or suit is for the payment
for work, labor, materials, equipment, services or other items furnished for use in
the performance of the Construction Contract, provided Owner has promptly
notified Contractor and Surety of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to Contractor and Surety.
3. With respect to an individual or entity identified in California Civil Code Section 9100
(“Claimants”), no obligation shall accrue if Contractor promptly makes payment, directly
or indirectly, for all sums due. Surety shall have no obligation to Claimants under this
Bond until:
3.1 Claimants who are employed by or have a direct contract with Contractor have
given notice to Surety and sent a copy, or notice thereof, to Owner, stating that a
claim is being made under this Payment Bond and, with substantial accuracy, the
amount of the claim.
3.2 Claimants who do not have a direct contract with the Contractor:
3.2.1 Have furnished written notice to Contractor and sent a copy, or notice
thereof, to Owner, as required by and conforming with California Civil
Code Sections 9560 and 9300 through 9306; and
3.2.2 Not having been paid within thirty (30) days of sending the required
notice, have sent a written notice to Surety and sent a copy to the Owner,
stating that a claim is being made under this Payment Bond and enclosing
a copy of the previous written notice furnished to Contractor.
4. When the Claimant has satisfied the conditions of Paragraph 3, Surety shall promptly and
at Surety’s expense take the following actions:
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction Contract
$200,000 or Less – Labor and Materials Bond
Page 3 of 3
4.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after
receipt of the claim, stating the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
4.2 Pay or arrange for payment of any undisputed amounts.
5. This Bond shall inure to the benefit of any of the persons and entities identified in
California Civil Code Section 9100 so as to give a right of action to those persons or their
assigns in any suit brought on the Bond.
6. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this
Bond shall be credited for any payments made in good faith by Surety.
7. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned
by Contractor in the performance of the Construction Contract are dedicated to satisfy
obligations of Contractor and Surety under this Bond, subject to the Owner’s priority to
use the funds for the completion of the work or the satisfaction of Owner’s claims,
including liquidated damages, under the Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor
that are unrelated to the Construction Contract. Owner shall not be liable for payment of
any costs or expenses of any Claimants under this Bond, and shall have under this Bond
no obligation to make payments to, give notices on behalf of, or otherwise have any
obligation to Claimants under this Bond.
9. Surety hereby waives notice of any change to the Construction Contract or to related
subcontracts, purchase orders and other obligations including changes of time, alteration
or addition to the terms of the Construction Contract or the work to be performed
thereunder of the specifications accompanying the same.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court
of competent jurisdiction. The prevailing party in any such action shall be entitled to
recover its attorneys’ fees, to be taxed as costs.
11. This Bond has been furnished to comply with California Civil Code Sections 9500
through 9566. Any provision in this Bond conflicting with those statutory requirements
shall be deemed deleted and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,
the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be
made.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 1 of 10
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor to
provide the work product described in Exhibit A because it lacks the qualified personnel to
provide the specified work product. Contractor is qualified to provide the required work product
and is agreeable to providing such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall complete
the Scope of Work hereunder in accordance with currently approved methods and
practices in Contractor's field. No relationship of employer and employee is created by
this agreement between the City and Contractor or any subcontractor or employee of
Contractor. City shall have the right to control Contractor only with respect to specifying
the results to be obtained from Contractor pursuant to this agreement. City shall not have
the right to control the means by which Contractor accomplishes services rendered
pursuant to this agreement. Any terms in this agreement referring to direction from City
shall be construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be construed as
limiting the right of Contractor to engage in Contractor's profession separate and apart
from this agreement so long as such activities do not interfere or conflict with the
performance by Contractor of the obligations set forth in this agreement. Interference or
conflict will be determined at the sole discretion of the City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area in
which Contractor practices its profession. All work product of whatsoever nature which
Contractor delivers to City pursuant to this agreement shall be prepared in a substantial,
first class and workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all work
performed under this agreement shall be performed only by personnel under the
supervision of the Contractor as an employee or, if authorized by the Scope of Work, a
subcontractor. All personnel engaged in the work shall be fully qualified and shall be
authorized, licensed and certified under state and local law to perform such work if
authorization, licensing or certification is required. The Contractor shall commit adequate
resources and time to complete the project within the project schedule specified in this
agreement.
1.5 Use of City Equipment. City shall not be responsible for any damage to persons or
property as a result of the use, misuse or failure of any equipment used by Contractor, or
by any of its employees, even though such equipment be furnished, rented or loaned to
Contractor by City.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 2 of 10
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant
taxing authority, including, but not limited to the Internal Revenue Service or the State
Employment Development Division, determine that the Contractor is an employee for
purposes of collection of any employment taxes, the amounts payable under this
agreement shall be reduced by amounts equal to both the employee and employer
portions of the tax due (and offsetting any credits for amounts already paid by the
Contractor which can be applied against this liability). City shall then forward those
amounts to the relevant taxing authority. Should a relevant taxing authority determine a
liability for past services performed by the Contractor for City, upon notification of such
fact by the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor under this
agreement (again, offsetting any amounts already paid by the Contractor which can be
applied as a credit against such liability). Any determination of employment status above
shall be solely for the purposes of the particular tax in question, and for all other purposes
of this agreement, The Contractor shall not be considered an employee of City.
Notwithstanding the foregoing, should any court, arbitrator, or administrative authority
determine that the Contractor is an employee for any other purpose, then the Contractor
agrees to a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator, or
administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES. The City’s Administrator designated in section 4 on
page 2 of this agreement is authorized to receive information, interpret and define City's policies
consistent with this agreement, and communicate with Contractor concerning this agreement. All
correspondence and other communications shall be directed to or through the Administrator or
the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with the
terms of this agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier. The notice shall
be deemed to have been given and received on the date delivered in person or the date
upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good faith
efforts to provide advance courtesy notice of any notices or communications hereunder
via e-mail. However, under no circumstances shall such courtesy notice satisfy the notice
requirements set forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above.
3. PAYMENT. The payments specified in this paragraph shall be the only payments to be made to
Contractor in connection with Contractor’s completion of the Scope of Work pursuant to this
agreement. Contractor shall submit all billings to City and City shall pay such billings in the
manner specified in this paragraph. Payment shall be made payable to Contractor and delivered
to the address specified in section 4 on page 2 of this agreement. The making of any payment by
City, or the receipt thereof by the Contractor, shall in no way lessen the liability of the Contractor
to correct or revise unsatisfactory work, even though the unsatisfactory character of such work
may not have been apparent or detected at the time such payment was made. In no event shall
City be liable for interest or late charges for any late payments.
3.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and payment
shall be as follows:
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 3 of 10
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with the Unit Prices in the Scope of Work prior to the
invoice date. Invoices shall contain the following information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount of
prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed during
the billing period.
(b) City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than thirty
five (35) days after the date the City accepts the Work.
3.2 Lump Sum. If this contract is designated as a Lump Sum Contract Contractor shall
submit a final payment application in the amount of the contract sum upon completion of
the Work and satisfaction of all conditions of the agreement. City shall make payment
within 30 days of receipt of application, less five percent retention. City shall release the
retained funds no less than thirty five (35) days after the date the City accepts the Work.
3.3 Hourly Services or Task Based Contract, invoicing and payment shall be as follows:
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with either the hourly rates or task-based rates in the Scope
of Work prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b) A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a brief
description of work completed during the billing period.
3.4 Additional Payment Terms.
(a) Pursuant to California Public Contract Code Section 22300, for monies
earned by the Contractor and withheld by the City to ensure the
performance of the Contract, the Contractor may, at its option, choose to
substitute securities meeting the requirements of California Public
Contract Code Section 22300.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 4 of 10
(b) Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form satisfactory
to City, prior to receipt of any payment. Contractor shall submit
Conditional and Unconditional waivers and release of lien (as provided
in Civil Code Sections 8132 through 8138) on behalf of itself and
suppliers that furnished labor, material, equipment or services to the
Project.
(c) Attention is directed to Section 9 of the State of California, Department
of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of
payments, compensation for extra work by force account, partial
payments, and final payments. These provisions are Contract
Documents incorporated into this agreement.
(d) Charges from Contractor to City will not be honored or paid by City
unless the charges are authorized and approved by City at the time the
work is being performed.
4. PREVAILING WAGE.
4.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not
less than the prevailing rates of wage as determined by the California Department of
Industrial Relations (“DIR”) to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the California Labor Code, the City has
obtained the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of
which is on file in the office of the City, and shall be made available for viewing to any
interested party upon request. Full compensation for conforming to the requirements of
this section 4 shall be deemed included in the prices paid for the various contract items of
work, and no separate payment will be made therefor. In accordance with Section 1815 of
the California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in excess of
specified hour limitations.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal,
subject to the requirements of section 4104 of the California Labor Code, and shall not
engage in the performance of any work under this contract, unless currently registered
and qualified to perform public work pursuant to section 1725.5 of the California Labor
Code. Contractor represents and warrants that it is, registered and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code unless otherwise
noted in supplemental provisions hereto. Contractor shall not enter into a subcontract
without proof that the subcontractor is registered with DIR and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code. Contractor shall
provide DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
4.3 Contractor shall post at the job site the determination of the director of the prevailing rate
of per diem wages together with all job site notices that are required by regulations of the
DIR.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 5 of 10
4.4 This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Contractor and any subcontractors shall keep accurate payroll
records, in accordance with Section 1776 of the California Labor Code, showing the
name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by Contractor or
subcontractor in connection with the Work and shall furnish the records specified in
California Labor Code section 1776 directly to the Labor Commissioner at least monthly
in a format prescribed by the Labor Commissioner and otherwise in accordance with law.
5. LABOR
5.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by the respective
contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of this article.
5.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the
California Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor. It shall be the responsibility of the Contractor to effectuate
compliance on the part of itself and any subcontractors with the requirements of said
sections in the employment of apprentices. Information relative to apprenticeship
standards, wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices.
5.3 Pursuant to the requirements of Division 4 of the California Labor Code, the Contractor
will be required to secure the payment of worker’s compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Prior to
commencement of work, the Contractor shall sign and file with the Administrator a
certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract."
5.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor Code,
Contractor and its subcontractors may be subject to penalties for Contractor’s and
subcontractors’ failure to pay prevailing wage rates. In accordance with Section 1813 of
the California Labor Code, Contractor or subcontractors may be subject to penalties for
Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by
workers employed on this project in excess of specified hour limitations.
5.5 In connection with the performance of the Work under this contract, Contractor will not
because of the race, religious creed, color, national origin, ancestry, physical disability,
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 6 of 10
mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status
of any person, to refuse to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the person from
employment or from a training program leading to employment, or to discriminate
against the person in compensation or in terms, conditions, or privileges of employment,
unless based upon a bona fide occupational qualification or applicable security
regulations established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code section
1735, a violation of this provision is subject to all penalties imposed for a violation of
Division, 2, Part 7, Chapter 1 of the Labor Code including the monetary penalties
provided in Labor Code section 1775.
6. LICENSE REQUIREMENT. Contractor’s attention is directed to California Business and
Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time
Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor
shall have a valid license issued by the Contractors State License Board in the classification
stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance
with the laws of this State and any contractor or subcontractor not so licensed is subject to
penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED
BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION
TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS
OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A
LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST
BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO
THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
7. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to this agreement to bind City to
any obligation whatsoever.
8. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, including, but not
limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify
and hold City harmless from any and all liability that City may incur because of Contractor's
failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes
on behalf of Contractor.
9. ASSIGNMENT AND SUBCONTRACTING.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 7 of 10
9.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices Act.
9.2 Contractor shall give personal attention to the performance of the Contract and shall keep
the Work under its control.
9.3 For the purposes of administering this agreement no subcontractors will be recognized by
the City as such, and all persons engaged in the work of construction will be considered
by the City as employees of the Contractor, who will be held responsible for their work
which shall be subject to the provisions of the Contract and specifications.
9.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works project
under California Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Contractor is prohibited from
performing work on the Project with a subcontractor who is ineligible to perform work on
a public works project under these sections of the California Labor Code.
9.5 When a portion of the work which has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to the City, the subcontractor shall be removed
immediately on the request of the City and shall not again be employed on the work.
9.6 Contractor may not assign performance of the Contract except upon written consent of
the City.
9.7 Contractor shall require all subcontractors to comply with the terms of this Contract.
10. TERMINATION.
10.1 Should Contractor fail within five (5) working days from receipt of City's written notice
to correct any contractual deficiencies, including but not limited to failure to perform the
Work in accordance with the Contract Documents, failure to comply with the directions
of City, or failure to pay its creditors, City may terminate this agreement for default.
Following a termination for default, City shall have the right to take whatever steps it
deems necessary to correct and complete the work and charge the cost thereof to
Contractor, who shall be liable for the full cost of City's corrective action, including
reasonable overhead, administrative costs, and attorneys' fees.
10.2 City may at any time terminate the Contract at City's convenience upon five days written
notice to Contractor; in the event of termination for convenience, Contractor shall recover
only the amount due under the contract for Work completed to the date of termination in
accordance with the Contract Documents, less amounts paid to date. Contractor shall not
be entitled to any claim or lien against City for any additional compensation or damages
in the event of such termination.
10.3 If City terminates Contractor for cause, and if it is later determined that the termination
was wrongful, such default termination shall automatically be converted to and treated as
a termination for convenience. In such event, Contractor shall be entitled to receive only
the amounts payable under this section, and Contractor specifically waives any claim for
any other amounts or damages, including, but not limited to, any claim for consequential
damages or lost profits.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 8 of 10
10.4 Failure by City to seek any remedy for any default hereunder shall not constitute a waiver
of any other rights hereunder or any right to seek any remedy for any subsequent default.
11. CONFLICT OF INTEREST
11.1 In General. Contractor represents and warrants that it presently has no interest, and will
not acquire any direct or indirect interest, that would conflict with its performance of this
agreement. Contractor shall not employ or subcontract with a person having such an
interest in the performance of this agreement.
11.2 Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict
of interest on the part of Contractor is discovered after award, the Contractor will make a
full disclosure in writing to the City. This disclosure shall include a description of
actions, which the Contractor has taken or proposes to take, after consultation with the
City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the
Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
11.3 Interests of City Officers and Staff. No officer, member or employee of City and no
member of the City Council shall have any pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or hold any such position
which either by rule, practice or action nominates, recommends, or supervises
Contractor's performance of the Scope of Work or authorizes funding to Contractor.
12. HOLD HARMLESS AND INDEMNIFICATION
12.1 The City of Saratoga and all officers, employees, and agents thereof connected with the
Work, shall not be answerable or accountable in any manner for any loss or damage that
may happen to the Work or any part thereof; for any loss or damage to any of the
materials or other things used or employed in performing the Work; for injury to or death
of any person; or for damage to property from any cause except losses due to sole or
active negligence of the City's officers or employees.
12.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from all
liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury to or
death sustained by any person (including Contractor's employees and subcontractors), or
damage to property of any kind, or any other injury or damage whatsoever, which injury,
death or damage arises out of or is in any way connected with the performance of the
Work, regardless of the Contractor’s fault or negligence, including any of the same
resulting from City’s alleged or actual negligent act or omission, or its agents, contractors
or employees; except that said indemnity shall not be applicable to injury, death or
damage to property arising from the sole or active negligence or willful misconduct of
City, its constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion of the percentage of liability not attributable to
the active negligence of the City.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 9 of 10
12.3 Contractor shall be obligated to immediately defend, with counsel approved by the City,
any suit or action brought against the City, its elected and appointed officials, employees
and agents, founded upon any claim of injury to or death sustained by any person
(including Contractor’s employees and subcontractors), or damage to property of any
kind, or any other injury or damage whatsoever, which injury, death or damage arises out
of or is in any way connected with the performance of the Work, whether or not liability
is established. This indemnification and duty to defend shall extend to claims asserted
after termination of this Contract for whatever reason.
12.4 In addition to any remedy authorized by law, as much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by the City, may be
retained by the City until disposition has been made of such suits or claims for damage.
12.5 The City and Contractor shall timely notify each other of the receipt of any third-party
claim relating to the Contract.
13. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the
work, or any alleged change in the work, Contractor shall timely perform the disputed work and
shall give written notice of a claim for additional compensation for the work to City within ten
(10) days after commencement of the disputed work. Contractor's failure to give written notice
within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra
compensation for the disputed work. Disputes arising under this agreement shall be resolved in
accordance with the procedures set forth in Section 20104.50 of the California Public Contract
Code.
14. RECORDS AND AUDITS.
14.1 Contractor and its subcontractors shall establish and maintain records pertaining to this
contract. Contractor’s and subcontractors’ accounting systems shall conform to generally
accepted accounting principles, and all records shall provide a breakdown of total costs
charged under this contract, including properly executed payrolls, time records, invoices
and vouchers.
14.2 Contractor shall permit City and its authorized representatives to inspect and examine
Contractor’s books, records, accounts, and any and all data relevant to this Contract at
any reasonable time for the purpose of auditing and verifying statements, invoices, or
bills submitted by Contractor pursuant to this contract and shall provide such assistance
as may be reasonably required in the course of such inspection. City further reserves the
right to examine and re-examine said books, records, accounts, and data during the three
(3) year period following the termination of this Contract; and Contractor shall in no
event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any
manner whatever for three (3) years after the termination of this Contract.
14.3 Pursuant to California Government Code Section 8546.7, the parties to this Contract shall
be subject to the examination and audit of representative of the Auditor General of the
State of California for a period of three (3) years after final payment under the contract.
The examination and audit shall be confined to those matters connected with the
performance of this contract including, but not limited to, the cost of administering the
contract
TREES 360 DEGREES TREE SERVICES CALL-OUTS
65
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 10 of 10
15. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the Work.
Contractor shall submit with each payment request waivers of lien from each major supplier
and/or subcontractor. that meet the requirements of Civil Code Sections 8132 through 8138.
16. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor shall
prepare and submit all reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper. Documents shall be printed on both
sides of the page and City shall be provided with electronic copies of documents (in Word or .pdf
format) except where unusual circumstances make it infeasible to do so.
17. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and transfers to the
City all rights, titles, and interest and all causes of action it may now have or hereafter acquire
under the antitrust laws of the United States and the State of California arising from purchase of
goods, services, or materials pursuant to this contract or any subcontract.
18. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or
claim arising under this agreement. If the parties fail to resolve such disputes or claims, they shall
submit them to non-binding mediation in California at shared expense of the parties for at least 8
hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by
all parties, or litigation may be pursued. In the event any dispute resolution processes are
involved, each party shall bear its own costs and attorneys’ fees.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws of the
State of California. Jurisdiction of litigation arising from this agreement shall be in that state and
venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of
this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product provided
by Contractor under this agreement be supplemented or continued by Contractor under a new
agreement following expiration or termination of this agreement. Contractor waives all rights or
claims to notice or hearing respecting any failure by City to continue to request or retain all or
any portion of the work product from Contractor following the expiration or termination of this
agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any rights or
remedies upon any person or entity other than the parties. .
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this agreement shall
constitute a waiver of any rights or obligations arising under this agreement. The failure by the
City to enforce any of Contractor’s obligations or to exercise City's rights shall in no event be
deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
TREES 360 DEGREES TREE SERVICES CALL-OUTS
66
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit D
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit D – Funding Agency Requirements
This agreement is funded in part pursuant to the contract between City and
_______________________________________________
(“Funding Agency”) attached hereto as Exhibit D-1 (“Funding Agreement”). In
recognition of the Funding Agreement City and Contractor agree that:
1. All contractual provisions required by the Funding agreement are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all Funding agreement-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the Funding agreement terms and conditions.
2. If Contractor claims or receives payment from City for a service, reimbursement for
which is later disallowed by the Funding Agency, the Contractor shall promptly refund
the disallowed amount to City upon City’s request. At its option, City may offset the
amount disallowed from any payment due or to become due to Contractor under this
agreement or any other agreement.
3. City may terminate or suspend performance of this agreement if Funding Agency
suspends or terminates funding pursuant to the terms of the Funding agreement. In the
event of suspension or termination City shall be obligated to fund only that portion of
Contractor’s work performed prior to the suspension or termination that is not funded by
the Funding agreement.
4. By executing this agreement, the Contractor certifies that the Contractor is not suspended,
debarred or otherwise excluded from participation in the program(s) supported by the
Funding agreement. Contractor acknowledges that this certification of eligibility to
receive Funding Agency funds is a material term of the agreement.
-End of Exhibit D-
TREES 360 DEGREES TREE SERVICES CALL-OUTS
67
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit E
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit E – Special Requirements
AND/OR See Exhibit(s) E-_______ incorporated by this reference.
-End of Exhibit E-
937869.6
TREES 360 DEGREES TREE SERVICES CALL-OUTS
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SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:Public Works
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Landscaping &Lighting Assessment District LLA-1; Resolutions initiating
renewal of the District for FY 22-23.
RECOMMENDED ACTION:
1.Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2.Move to adopt the Resolution appointing the Attorney’s for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year
beginning on July 1 and/or annex new Zones. A summary of each Resolution is as follows:
1.Resolution describing improvements and directing preparation of the Engineer’s
Report -This is the Resolution required under Streets & Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district and the annexation of
new Zones for the ensuing fiscal year. The Resolution references the proposed
improvements to be provided by the district (Exhibit A) and directs the preparation of the
Engineer’s Report required under S&H Code Section 22565.
2.Resolution appointing Attorneys -This Resolution appoints the City Attorney’s office as
the attorneys for the District throughout the renewal process and limits their fees in
connection with this work to $500.
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
will be implemented during the renewal process if necessary.
Procedurally this means that assessment ballots will be mailed to those property owners within
the District whose initial proposed assessments are either 1) higher than in any previous year and
69
who have not previously voted on their assessments, 2) higher than what was authorized via
balloting conducted in a previous year, or 3) annexation of new Zones. As in previous years,
ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be
voting. Only those ballots returned by the close of the Protest Hearing will count towards
determining whether a majority protest exists.
ATTACHMENTS:
Attachment A: Resolution describing improvements and directing preparation of the Engineer’s
Report.
Attachment B: Resolution appointing Attorneys.
70
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1 - FISCAL YEAR 2022-2023
WHEREAS; The City Council did, pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of
California, conduct proceedings for the formation of the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 and for the levy and collection of assessments for fiscal
year 1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its
Resolution No. 950-D, a Resolution Overruling Protests and Ordering the Formation of an
Assessment District and the Improvements and Confirming the Diagram and Assessments; and
WHEREAS, The public interest, convenience and necessity require, and it is the
intention of said Council to undertake proceedings for the levy and collection of assessments
upon the several lots or parcels of land in said District and/or several lots of parcels of land
which are proposed to be annexed into said District for the construction or installation of
improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2022-
2023; and
WHEREAS, The improvements to be constructed or installed, including the maintenance
or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and
by reference incorporated herein; and
WHEREAS, The costs and expenses of said improvements, including the maintenance
or servicing, or both, thereof, are to be made chargeable upon said District and/or upon the lots
within the territory proposed to be annexed into said District, the exterior boundaries of which
District are the composite and consolidated area as more particularly shown on a map thereof on
file in the office of the Clerk of the City of Saratoga to which reference is hereby made for
further particulars. Said map indicates by a boundary line the extent of the territory included in
said District and/or to be annexed into said District and shall govern for all details as to the
extent of the assessment district, and the proposed annexation; and
WHEREAS, The Engineer of said City be, and is hereby, directed to prepare and file
with said Clerk a report, in writing, referring to the assessment district and/or proposed
annexation by its distinctive designation, specifying the fiscal year to which the report applies,
and, with respect to that year, presenting the following:
a)plans and specification of the existing improvements and for proposed
new improvements, if any, to be made within the assessment district or
within the territory to be annexed into said District;
71
Resolution No. XX
Page 2
b)an estimate of the costs of said proposed new improvements, if any, to be
made, the costs of maintenance or servicing, or both, thereof, and of any
existing improvements, together with the incidental expenses in
connection therewith;
c)a diagram showing the exterior boundaries of the assessment district and
of any zones within said district and the lines and dimensions of each lot
or parcel of land within the district as such lot or parcel of land is shown
on the County Assessor's map for the fiscal year to which the report
applies, each of which lots or parcels of land shall be identified by a
distinctive number or letter on said diagram; and
d)a proposed assessment of the total amount of the estimated costs and
expenses of the proposed new improvements, including the maintenance
or servicing, or both, thereof, and of any existing improvements upon the
several lots or parcels of land in said district in proportion to the estimated
particular and distinct benefits to be received by each of such lots or
parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental
thereto.
WHEREAS,The Office of the Public Works Director of said City be, and is hereby,
designated as the office to answer inquiries regarding any protest proceedings to be had herein,
and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue,
Saratoga, California 95070 or by calling (408) 868-1241.
NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of
Saratoga does hereby describe improvements and direct preparation of the Engineer’s Report for
the City of Saratoga Landscaping and Lighting Assessment District LLA-1 – Fiscal Year 2022-
2023.
PASSED AND ADOPTED by the City of Saratoga City Council on this 1st day of December
2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
72
Resolution No. XX
Page 3
DATE:
Britt Avrit, MMC, City Clerk
73
Resolution No. XX
Page 4
Exhibit A
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof,
of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains
and other ornamental structures and facilities, and public lighting facilities for the lighting of any
public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers,
insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments
and appurtenances, including the cost of repair, removal or replacement of all or any part thereof,
providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation,
trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings,
rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for
any public lighting facilities or for the lighting or operation of any other improvements; and the
operation of any fountains or the maintenance of any other improvements including storm water
improvements connected to National Pollutant Discharge Elimination System (NPDES) permit
requirements.
74
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING ATTORNEYS FOR LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT LLA -1 - FISCAL YEAR 2022-2023
WHEREAS, the City Council has determined to undertake proceedings for the levy and
collection of assessments upon the parcels of land in the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for
the construction or installation of improvements, including the maintenance or servicing, or both,
thereof for the fiscal year 2022-2023; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing attorneys for the preparation and conduct of said proceedings;
NOW, THEREFORE BE IT RESOLVED,That the law firm of Shute, Mihaly &
Weinberger be, and it is hereby appointed and employed to do and perform all legal services
required in the conduct of said proceedings, and that its compensation be, and it hereby is fixed
at not to exceed $500.00.
PASSED AND ADOPTED by the City of Saratoga City Council on this 1st day of December
2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
DATE:
Britt Avrit, MMC, City Clerk
75
SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:Public Works
PREPARED BY:Emma Burkhalter, Associate Engineer
SUBJECT:New PG&E Easement in Parking District #1, East of 4th Street
RECOMMENDED ACTION:
Approve a Grant of Easement Deed for a gas line easement to PG&E within APN 503-24-016 in
Parking District 1, east of 4th Street.
BACKGROUND:
In 2021, PG&E applied for an encroachment permit to install a gas line for 14521 Big Basin
Way within Saratoga’s Parking District 1. Since the line is proposed to be installed under a City
parking lot, an easement is also required for operation of the gas line. Due to existing conditions,
it was necessary to have the gas line come around from the back of 14521 Big Basin Way,
through the Parking District, and then out to 4th Street, rather than making a direct connection to
Big Basin Way.
The attached easement documents show the layout of the proposed 10-foot-wide easement and
details the conditions of the easement. One condition to note is that the City will be required to
pay for the relocation of the gas line should relocation be required due to future City projects on
the site.
ATTACHMENTS:
Attachment A –Grant of Easement Deed
76
Distribution Easement Rev. (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City Saratoga
Recording Fee $_____________________________
Document Transfer Tax $ N/A
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2308-02-10008 EASEMENT DEED
CITY OF SARATOGA, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to excavate for,
construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use
facilities of the type hereinafter specified, together with a right of way therefor, within the easement
area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of
Grantor situated in the City of Saratoga, County of Santa Clara, State of California, described as
follows:
Parcels D, E, F, G, and K as shown upon the Record of Survey Map filed for record
October 2, 1967 in Book 228 of Maps at page 50, Santa Clara County Records (the
“Property”).
The facilities and easement area are described as follows:
One or more underground pipes with suitable service pipes and connections, as Grantee
deems necessary, for the conveyance of gas to be installed within the strip of land of the
uniform width of 10 feet, the center line of which is delineated by center lines as
described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part
hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter within said easement area, and the
further right, from time to time, to trim and cut down trees and brush along each side of said easement
area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal
regulations.
77
Distribution Easement Rev. (02/2020)
Grantor also grants to Grantee the right to use such portion of the Property contiguous to said
easement area as may be reasonably necessary in connection with the excavation, construction,
reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well,
or construct any reservoir or other obstruction within said easement area, or diminish or substantially
add to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities; provided, however, that Grantee acknowledges and
agrees that Grantor may continue use of the easement area for a public parking lot and/or any other use
that does not interfere with Grantee’s full enjoyment of its rights hereunder.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit
“C”, attached hereto and made a part hereof.
Notwithstanding any other term of this easement, if at any future time, Grantor determines that the
facilities described herein or any portion thereof unduly interferes with any of its activities, it shall
have the right to relocate the facilities or any portion thereof to a new location on the Property. Prior to
any relocation, Grantor shall grant Grantee a modification of this easement modifying the easement
area to include the new location, all of which shall be at the Grantor’s sole cost and expense.
All or any part of this easement may be terminated upon i) failure by the Grantee to comply with any
of its terms and conditions herein, or ii) upon abandonment of the rights granted herein and nonuse of
such rights for a period of two consecutive years which shall be conclusive evidence of such
abandonment. Upon receiving Grantor’s notice of such termination, Grantee shall deliver to Grantor a
quitclaim deed for all or such portion terminated of Grantee’s right, title, and interest hereunder.
Upon the termination of this easement or such portion, the Grantee, at its expense, shall abandon in
place the facilities installed hereunder, in compliance with applicable provisions of state and federal
law, and shall restore the easement area to the same or as good a condition that existed prior to the
termination. Such restoration shall be done in a manner to the reasonable satisfaction of the City of
Saratoga Director of Public Works or the Director’s designee. Grantee’s responsibilities regarding
abandonment shall survive the termination of this easement,
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the Property.
Dated: __________________, _______.
CITY OF SARATOGA, a municipal
corporation,
By_________________________________
By__________________________________
78
Distribution Easement Rev. (02/2020)
State of California
County of )
On __________________________, before me, Notary Public,
Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
79
80
81
Distribution Easement Rev. (02/2020)
Pacific Gas and Electric Company
EXHIBIT “C”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and
Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this
disclosure carefully before signing the Grant of Easement.
You are under no obligation or threat of condemnation by PG&E to grant this easement.
The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of
PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation
for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any
such easement.
By granting this easement to PG&E, the easement area may be used to serve additional customers in the
area and may be used to install additional utility facilities. Installation of any proposed facilities outside
of this easement area will require an additional easement.
Removal and/or pruning of trees or other vegetation on your property may be necessary for the
installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on
your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to
perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its
contractors will periodically perform vegetation maintenance activities on your property as provided for in
this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
The description of the easement location where PG&E utility facilities are to be installed across your
property must be satisfactory to you.
The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation
of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent
may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of
the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is
determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you
are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this
Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement
is for your records.
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Distribution Easement Rev. (02/2020)
Attach to LD: 2308-02-10008
Area 3, De Anza Division
Land Service Office: San Jose
Line of Business: Gas Distribution (53)
Business Doc Type: Easements
MTRSQ: (23.08.02.12.41), Quito Rancho
FERC License Number: N/A
PG&E Drawing Number: N/A
Plat No.: 3473-B1 (Gas)
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Gas and Pipeline Easements (5)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35177478-1110
JCN: N/A
County: Santa Clara
Utility Notice Number: N/A
851 Approval Application No: N/A; Decision: N/A
Prepared By: KHJ1
Checked By: DAN9
83
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2021
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Sandra Dalida, Interim Administrative Services Director
SUBJECT: Approval of Agreement with CentralSquare Technologies, LLC for Public Administration
(ePLUS) Financial Software.
RECOMMENDED ACTION
Authorize the City Manager to execute the two-year agreement with CentralSquare Technologies,
LLC (CentralSquare) for Public Administration (ePLUS) Financial Software in the amount not to
exceed $63,378.00 for Year 1 and $66,546.90 for Year 2 of the agreement and authorize approval for one
optional two-year renewal term.
BACKGROUND
In 1997, the City entered into an agreement with SunGard HTE, Inc. (SunGard) for the PLUS financial
software. Also, in 2006, 2012 and 2017 the City entered into 60-month agreements with SunGard,
subsequently Superion, Inc., and currently CentralSquare for PLUS/ePLUS web-based financial software.
The current contract for ePLUS financial software expires December 2021, with no additional renewal
options.
REPORT SUMMARY
Staff recommends the City Council authorize the City Manager to enter into a two-year agreement
with CentralSquare for ePLUS web -based financial software in the amount or $63,378.00 for Year
1 and $66,546.90 for Year 2 and authorize one optional two-year renewal term.
ATTACHMENT
• Attachment A – CentralSquare Technologies, LLC Agreement
84
CentralSquare Solutions Agreement
This CentralSquare Solutions Agreement (the "Agreement"), effective as of the latest date shown on the signature
block below (the "Effective Date"), is entered into between CentralSquare Technologies, LLC, a Delaware
Limited Liability Company with its principal place of business in Lake Mary, FL ("CentralSquare") and the City of
Saratoga, CA ("Customer"), together with CentralSquare, the "Parties", and each, a "Party".
WHEREAS, CentralSquare licenses and gives access to certain software applications (“Solutions”) to its
customers and also provides maintenance, support, migration, installation and other professional services ; and
WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional services
described herein, and CentralSquare desires to grant and provide Customer license and access to such offerings
as well as to support them with professional services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknow ledged, by the signatures
of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following
provisions and exhibits of this Agreement:
CentralSquare Technologies, LLC City of Saratoga
1000 Business Center Dr.
Lake Mary, FL 32746
13777 Fruitvale Ave.
Saratoga, CA 95070
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date Signed: Date Signed:
1. Solution: Public Administration (PLUS)
2. Term.
2.1. Initial Term. The Initial Term of this Agreement commences as of December 1, 2021 and will continue in
effect for two (2) years from such date unless terminated earlier pursuant to any of the Agreement’s
express provisions (the “Initial Term”).
2.2. Renewal Term. This Agreement will have an optional two (2) year term renewal unless earlier terminated
pursuant to any of the Agreement’s provisions (a “Renewal Term” and, collectively, with the Initial Term,
the “Term”). Subsequent renewals are subject to a five (5) percent increase.
2.3. Non-Renewal. Either party may elect to end renewal of the contract by issuing a notice of non -renewal,
in writing, to the other party three (3) months prior to the expiration of the current contract term.
3. Fees. In consideration of the rights and services granted by CentralSquare to Customer under this Agreement,
Customer shall make payments to CentralSquare pursuant to the amounts and payment terms outlined in
Exhibit 1 (the “Project Cost Summary”).
4. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:
4.1. "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of
violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil,
criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.
4.2. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with, such Person.
4.3. "Authorized User" means Customer's employees, consultants, contractors, and agents who are
authorized by Customer to access and use the Solutions under the rights granted to Customer pursuant
to this Agreement, and for whom access to the Solutions has been purchased.
4.4. “Baseline” means the version of a Solution updated to the particular time in question through
CentralSquare ’s warranty services and maintenance, but without any other modification whatsoever.
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4.5. “Component System” means any one of the Solutions identified in Exhibit 1, including all copies of
Source Code, Object Code and all related specifications, Documentation, technical information, and all
corrections, modifications, additions, development work, improvements and enhancements to and all
Intellectual Property Rights for such Component System.
4.6. “Confidential Information” means the Software and Customizations in any embodiment, and either
party’s technical and business information relating to inventions or sof tware, research and development,
future product specifications, engineering processes, costs, profit or margin information, marketing and
future business plans as well as any and all internal Customer and employee information, and any
information exchanged by the parties that is clearly marked with a confidential, private or proprietary
legend.
4.7. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded,
or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or through
the Solutions, provided the data is not personally identifiable and not identifiable to Customer.
4.8. “Custom Modification” means a change that CentralSquare has made at Customer’s request to any
Component System in accordance with a CentralSquare -generated specification, but without any other
changes whatsoever by any Person.
4.9. "Customer Systems" means the Customer's information technology infrastructure, including computers,
software, hardware, databases, electronic systems (including database management systems), and
networks, whether operated by Customer or through the use of third-party services.
4.10. “Defect” means a material deviation between the Baseline Solution and its Documentation, for which
Defect Customer has given CentralSquare enough information to enable CentralSquare to replicate the
deviation on a computer configuration that is both comparable to the Customer Systems and that is under
CentralSquare’s control. Further, with regard to each Custom Modification, Defect means a material
deviation between the Custom Modification and the CentralSquare generated specification and
documentation for such Custom Modification, and for which Defect Customer has given CentralSquare
enough information to enable CentralSquare to replicate the deviation on a computer configuration that
is both comparable to the Customer Systems and that is under CentralSquare’s control.
4.11. "Documentation" means any manuals, instructions, or other documents or materials that CentralSquare
provides or makes available to Customer in any form or medium and which describe the functionality,
components, features, or requirements of the Solutions, including any aspect of the installation,
configuration, integration, operation, use, support, or maintenance thereof.
4.12. “Enhancements” means general release (as opposed to custom) changes to a Baseline Component
System or Custom Modification which increase the functionality of the Baseline Component System or
Custom Modification in question.
4.13. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized
access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the
security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or any
Authorized User from accessing or using the Solutions as intended by this Agreement.
4.14. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied
for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade
secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights
or forms of protection, in any part of the world.
4.15. “Maintenance” means optimization, error correction, modifications, and updates to CentralSquare
Systems to correct any known Defects and improve performance. Maintenance will be provided for each
Component System, the hours and details of which are described in Exhibit 2 (“Support Standards”).
4.16. “New Releases” means new editions of a Baseline Component System or Custom Modification.
4.17. “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental
authority, unincorporated organization, trust, association, or other entity.
4.18. "Personal Information" means any information that does or can identify a specific individual or by or
from which a specific individual may be identified, contacted, or located. Personal Information includes
all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health
information" as defined under the Health and Insurance Portability and Accountability Act of 1 996,
"Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal
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Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and
regulations issued under any of the foregoing.
4.19. “Professional Services” means installation, implementation, development work, training or consulting
services including custom modification programming, support relating to custom modifications, on -site
support services, assistance with data transfers, system restarts and reinstallations provided by
CentralSquare.
4.20. “Representatives" means, with respect to a Party, that Party's employees, officers, directors, agents,
subcontractors, and legal advisors.
4.21. "CentralSquare Personnel" means all individuals involved in the performance of Support Services and
Professional Services as employees, agents, Subcontractors or independent contractors of
CentralSquare.
4.22. "Solutions" means the Component Systems, Documentation, Custom Modifications, development work,
CentralSquare Systems and any and all other information, data, documents, materials, works, and other
content, devices, methods, processes, hardware, software, technologies and inventions, including any
deliverables, technical or functional descriptions, requirements, plans, or reports, provided or used by
CentralSquare or any Subcontractor in connection with Professional Services or Support Services
rendered under this Agreement.
4.23. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of
CentralSquare to deliver Solutions, including all computers, software, hardware, databases, electronic
systems (including database management systems), and networks, whether operated directly by
CentralSquare or through the use of third-party services.
4.24. “Support Services” means Maintenance, Enhancements, implementation of New Releases, and
general support efforts to respond to incidents reported by Customer in accordance with the detailed
Support Standards outlined in Exhibit 2.
4.25. "Third-Party Materials" means materials and information, in any form or medium, including any software,
documents, data, content, specifications, products, related services, equipment, or components of or
relating to the Solutions that are not proprietary to CentralSquare.
5. License, Access & Services and Audit.
5.1. License Grant. Subject to and conditioned on the payment of Fees and compliance with all other terms
and conditions of this Agreement, CentralSquare hereby grants to Customer a non-exclusive, non-
sublicenseable, and non-transferable license to the current version of the Solution(s) outlined in Exhibit
1 at the time of this Agreement’s execution.
5.2. Access and Scope of Use. Subject to and conditioned on Customer and their Authorized Users'
compliance with the terms and conditions of this Agreement, CentralSquare hereby grants Customer a
non-exclusive, non-transferable right to access and use the Solutions, solely by Authorized Users. Such
use is limited to Customer's internal use. CentralSquare shall deliver to Customer the initial copies of the
Solutions outlined in Exhibit 1 by (a) electronic delivery, by posting it on CentralSquare’s network for
downloading, or similar suitable electronic file transfer method, or (b ) physical shipment, such as on a
disc or other suitable media transfer method. Physical shipment is on FOB- CentralSquare’s shipping
point, and electronic delivery is deemed effective at the time CentralSquare provides Customer with
access to download the Solutions. The date of such delivery shall be referred to as the “Delivery Date.”
5.3. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-sublicenseable,
non-transferable license to use the Documentation during the Term solely for Customer's internal
business purposes in connection with its use of the Solutions.
5.4. Audit. Customer shall maintain for a reasonable period of time, but not less than three (3) years after
expiration or termination of this Agreement, the systems, books, and records necessary to accurately
reflect compliance with software licenses and the use thereof under this Agreement. Upon request,
Customer shall permit CentralSquare and its directors, officers, employees, and agents to have on-site
access at Customer’s premises (or remote access as the case may be) during normal business hours to
such systems, books, and records for the purpose of verifying such licensed use the performance of such
obligations and amounts. Customer shall render reasonable cooperation to CentralSquare as requested.
5.5. Service and System Control. Except as otherwise expressly provided in this Agreement:
5.5.1. CentralSquare has and will retain sole control over the operation, provision, maintenance, and
management of the Solutions; and
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5.5.2. Customer has and will retain sole control over the operation, maintenance, and management of,
and all access to and use of, the Customer Systems, and sole responsibility for access to and
use of the Solutions by any Person by or through the Customer Systems or other means
controlled by Customer or any Authorized User, including any reports or results obtained from
any use of the Solutions, and conclusions, decisions, or actions based on such use.
5.6. Limitations. Customer must provide CentralSquare with such facilities, equipment and support as are
reasonably necessary for CentralSquare to perform its obligations under this Agreement, including, if
required by CentralSquare, remote access to the Customer Systems. CentralSquare is not responsible
or liable for any delay or failure of performance caused in whole or in part by any Customer delay or
Customer’s failure to perform any obligations under this Agreement.
5.7. Exceptions. CentralSquare has no obligation to provide Support Services relating to any Defect with the
Solutions that, in whole or in part, arise out of or result from any of the following:
5.7.1. software, or media on which provided, that is modified or damaged by Customer or third-party;
5.7.2. any operation or use of, or other activity relating to, the Solutions other than as specified in the
Documentation, including any incorporation, or combination, operation or use of the Solutions in
or with, any technology (software, hardware, firmware, system, or network) or service not
specified for Customer's use in the Documentation;
5.7.3. any negligence, abuse, misapplication, or misuse of the Solution other than by CentralSquare
personnel, including any Customer use of the Solution other than as specified in the
Documentation or expressly authorized in writing by CentralSquare;
5.7.4. any Customer's failure to promptly install any New Releases that CentralSquare has previously
made available to Customer;
5.7.5. the operation of, or access to, Customer's or a third-party's system, materials or network;
5.7.6. any relocation of the Solution other than by CentralSquare personnel;
5.7.7. any beta software, software that CentralSquare makes available for testing or demonstration
purposes, temporary software modules, or software for which CentralSquare does not receive a
fee;
5.7.8. any breach of or noncompliance with any provisio n of this Agreement by Customer or any of its
Representatives or any Force Majeure Event (including abnormal physical or electrical stress).
5.8. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement
grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support
Services, Professional Services, Solutions, or Third-Party Materials, whether expressly, by implication,
estoppel, or otherwise. All right, title, and interest in the Solutions, and the Third-Party Materials are and
will remain with CentralSquare and the respective rights holders.
5.9. Changes. CentralSquare reserves the right, in its sole discretion, to make any changes to the Support
Services and Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or delivery
of CentralSquare 's services to its customers, the competitive strength of or market for CentralSquare 's
services, or the Support Services' cost efficiency or performance; or (b) to comply with applicable law.
Without limiting the foregoing, either Party may, at any time during the Term, request in writing changes
to particular Support Services, Professional Services or their product suite of Solutions. The parties shall
evaluate and, if agreed, implement all such requested changes. No requested changes will be effective
unless and until memorialized in either a CentralSquare issued Add-On Quote signed by the Customer,
or a written change order or amendment to this agreement signed by both parties.
5.10. Subcontractors. CentralSquare may from time to time in its discretion engage third parties to perform
Professional Services or Support Services (each, a "Subcontractor").
5.11. Security Measures. The Solution may contain technological measures designed to prevent unauthorized
or illegal use of the Solution. Customer acknowledges and agrees that: (a) CentralSquare may use these
and other lawful measures to verify compliance with the terms of this Agreement and enforce
CentralSquare ’s rights, including all Intellectual Property Rights, in and to the Solution; (b) CentralSquare
may deny any individual access to and/or use of the Solution if CentralSquare , in its reasonable
discretion, believes that person’s use of the Solution would violate any provision of this Agreement,
regardless of whether Customer designated that person as an Authorized User; and (c) CentralSquare
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may collect, maintain, process, use and disclose technical, diagnostic and related non-identifiable data
gathered periodically which may lead to improvements in the performance and security of the Solutions.
6. Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Solutions
except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of
the foregoing, Customer shall not, except as this Agreement expressly permits:
6.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any Person,
including on or in connection with the internet or any time-sharing, service bureau, software as a service,
cloud, or other technology or service;
6.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access
to the source code of the Solutions, in whole or in part;
6.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions other
than by an Authorized User through the use of his or her own then valid access;
6.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information
or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
6.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
CentralSquare Systems, or CentralSquare 's provision of services to any third-party, in whole or in part;
6.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or
disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices
from any Documentation or Solutions, including any copy thereof;
6.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise
violates any Intellectual Property Right or other right of any third-party, or that violates any applicable law;
6.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development,
provision, or use of a competing software service or product or any other purpose that is to CentralSquare
's detriment or commercial disadvantage or otherwise access or use the Solutions beyond the scope of
the authorization granted under this Section.
7. Customer Obligations.
7.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain,
and operate in good repair all Customer Systems on or through which the Solutions are accessed or
used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer
Systems as is necessary for CentralSquare to perform the Support Services in accordance with the
Support Standards and Specifications; and (c) provide all cooperation as CentralSquare may reasonably
request to enable CentralSquare to exercise its rights and perform its obligations under and in connection
with this Agreement.
7.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of
performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of
its obligations under this Agreement.
7.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited
by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable
and lawful measures within their respective control that are necessary to stop the activity or threatened
activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any
unauthorized access to the Solutions and permanently erasing from their systems and destroying any
data to which any of them gained unauthorized access); and (b) notify CentralSquare of any such actual
or threatened activity.
8. Professional Services.
8.1. Compliance with Customer Policies. While CentralSquare Personnel are performing services at
Customer's site, CentralSquare will ensure that such personnel comply with Customer’s reasonable
security procedures and site policies that are generally applicable to Customer’s other suppliers pr oviding
similar services and that have been provided to CentralSquare in writing or in advance. Customer shall
promptly reimburse CentralSquare for any out-of-pocket costs incurred in complying with such
procedures and policies.
8.2. Contributed Material. In the process of CentralSquare ’s performing Professional Services, Customer
may, from time to time, provide CentralSquare with designs, plans, or specifications, improvements,
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works or other material for inclusion in, or making modifications to, the Solutions, the Documentation or
any other deliverables (“Contributed Material”). Customer grants to CentralSquare a nonexclusive,
irrevocable, perpetual, transferable right, without the payment of any royalties or other compensation of
any kind and without the right of attribution, for CentralSquare, CentralSquare ’s Affiliates and
CentralSquare ’s licensees to make, use, sell and create derivative works of the Contributed Material.
9. Confidentiality.
9.1 Defined. Information that is conveyed orally shall be designated as confidential at the time of disclosure
and shall be reduced to writing within ten (10) business days. Notwithstanding any provision in this
Section 9, Customer specifically acknowledges that the Software, including without limitation the
database architecture and sequence and Documentation, comprise Confidential Information and know -
how that are the exclusive property of CentralSquare.
9.2 Nondisclosure. The parties agree, unless otherwise provided in this Agreement or required by law, not to
use or make each other's Confidential Information available to any third party for any purpose other than
as necessary to perform under this Agreement. The recipient shall protect the Confidential Information
from disclosure by using the same degree of care, but no less than a reasonable degree of care, that it
uses to protect its own confidential information of a like nature to prevent its unauthorized use,
dissemination or publication by its employees or agents. Customer further agrees that it will not allow any
form or variation of the Software to enter the public domain. Both parties acknowledge that any breach
of its obligations with respect to Confidential Information may cause the other irreparable injury for which
there are inadequate remedies at law and that the non-disclosing party shall be entitled to equitable relief
in addition to all other remedies available to it. Customer shall not disclose the results of any performance
or functionality tests of the Software to any third party without CentralSquare’s prior written approval.
9.3 Exceptions. A party's Confidential Information shall not include information that: (a) is or becomes publicly
available through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to
the disclosure and was not obtained by the recipient either directly or indirectly from the disclosing party;
(c) is lawfully disclosed to the recipient by a third party without restriction on recipient’s disclosure, and
where recipient was not aware that the information was the confidential information of discloser; (d) is
independently developed by the recipient without violation of this Agreement; or (e) is requi red to be
disclosed by law.
10. Security.
10.1. CentralSquare will implement commercially reasonable administrative, technical and physical safeguards
designed to ensure the security and confidentiality of Customer Data, protect against any anticipated
threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access
or use of Customer Data. CentralSquare will review and test such safeguards on no less than an annual
basis.
10.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical and
procedural access controls and system security requirements and devices, necessary for data privacy,
confidentiality, integrity, authorization, authentication and non -repudiation and virus detection and
eradication.
10.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall
maintain agreements with such Authorized Users that adequately protect the confidentiality and
Intellectual Property Rights of CentralSquare in the Solutions and Documentation, and disclaim any
liability or responsibility of CentralSquare with respect to such Authorized Users.
11. Personal Data. If CentralSquare processes or otherwise has access to any personal data or personal
information on Customer’s behalf when performing CentralSquare ’s obligations under this Agreement, then:
11.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly with
others determines purposes for which and the manner in which any personal data are, or are to be,
processed) and CentralSquare shall be a data processor (where “data processor” means an entity which
processes the data only on behalf of the data controller and not for any purposes of its own);
11.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant
personal data or personal information to CentralSquare so that CentralSquare may lawfully use, process
and transfer the personal data and personal information in accordance with this Agreement on
Customer’s behalf, which may include CentralSquare processing and transferring the relevant personal
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data or personal information outside the country where Customer and the Authorized Users are located
in order for CentralSquare to provide the Solutions and perform its other obligations under this
Agreement; and
11.3. CentralSquare shall process personal data and information only in accordance with lawful and reasonable
written instructions given by Customer and as set out in and in accordance with the terms of this
Agreement; and
11.4. each Party shall take appropriate technical and organizational measures against unauthorized or unlawful
processing of the personal data and personal information or its accidental loss, destruction or damage so
that, having regard to the state of technological development and the cost of implementing any measures,
the measures taken ensure a level of security appropriate to the harm that might result from such
unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal
data and personal information and the nature of the personal data and personal information being
protected. If necessary, the parties will cooperate to document these measures taken.
12. Representations and Warranties.
12.1. LIMITED WARRANTY. CentralSquare warrants that it owns or otherwise has the rights in the Software
and has the right to license the Software as described in this Agreement. CentralSquare further warrants
and represents that the CentralSquare Software does not contain any “back door”, “time bomb”, “Trojan
horse”, “worm”, “drop dead device” or other program routine or hardware device inserted and in tended
by CentralSquare to provide a means of unauthorized access to, or a means of disabling or erasing any
computer program or data, or otherwise disabling the CentralSquare Software. Nothing herein shall be
deemed to constitute a warranty against viruses. The provisions of section and its subsections below,
shall constitute the agreement of the Parties with respect to viruses. Customer’s sole remedy with respect
to the foregoing warranty shall be to receive an Update to the CentralSquare Software that d oes not
contain any of the above-described routines or devices.
12.2. DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH
ABOVE, CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR
IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT
SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT
CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING,
USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A
SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY
CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE
OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE
WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO
THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION . ALL THIRD-PARTY
MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR
CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD -PARTY
OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY
UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.
13. Notices. All notices and other communications required or permitted under this Agreement must be in writing
and will be deemed given when delivered personally, sent by United States registered or certified mail, return
receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by
overnight courier. Notices must be sent to a P arty at its address shown below, or to such other place as the
Party may subsequently designate for its receipt of notices in writing by the other Party.
If to
CentralSquare :
CentralSquare
1000 Business Center Dr.
Lake Mary, FL 32746
Phone: 407-304-3235 email: info@CentralSquare .com
Attention: Senior Counsel / Contracts Department
If to Customer: City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
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Phone: *408-868-1294 or 408-868-1216_
Attention: *_City Clerk________________________________
14. Force Majeure. Neither Party shall be responsible for failure to fulfill its obligations hereunder or liable for
damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster,
delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of
Equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default
arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of
the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other
occurrences beyond the Party’s reasonable control (“Excusable Delay” hereunder). In the event of such
Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably neces sary
to compensate for such delay.
15. Indemnification.
15.1. CentralSquare Indemnification. CentralSquare shall indemnify, defend, and hold harmless Customer
from any and all claims, lawsuits or liability, including attorneys' fees and costs, allegedly arising out of,
in connection with, or incident to any loss, damage or injury to persons or property or arising solely from
a wrongful or negligent act, error or omission of CentralSquare, its employees, agents, contractors, or
any subcontractor as a result of CentralSquare’s or any subcontractor’s performance pursuant to this
Agreement; however, CentralSquare shall not be required to indemnify Customer for any cl aims or
actions caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or
contractors. Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability results
from or is contributed to by the actions or omissions of Customer, or its employees, agents or contractors,
CentralSquare’s obligations under this provision shall be reduced to the extent of such actions or
omissions based upon the principle of comparative fault.
15.2. Customer Indemnification. Customer shall indemnify, defend, and hold harmless CentralSquare from
any and all claims, lawsuits or liability, including attorneys' fees and costs, allegedly arising out of, in
connection with, or incident to any loss, damage or injury to persons or property or arising sole ly from a
wrongful or negligent act, error or omission of Customer, its employees, agents, contractors, or any
subcontractor as a result of Customer’s or any subcontractor’s performance pursuant to this Agreement;
however, Customer shall not be required to indemnify CentralSquare for any claims or actions caused to
the extent of the negligence or wrongful act of CentralSquare, its employees, agents, or contractors.
Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability results from or is
contributed to by the actions or omissions of CentralSquare, or its employees, agents or contractors,
Customer’s obligations under this provision shall be reduced to the extent of such actions or omissions
based upon the principle of comparative fault.
15.3. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND
CENTRALSQUARE 'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR
ALLEGED CLAIMS THAT THE SERVICES AND SOLUTIONS OR ANY SUBJECT MATTER OF THIS
AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD-PARTY.
16. Termination. This Agreement may be terminated:
16.1. For cause by either Party, effective on written notice to the other Party, if the other Party materially
breaches this Agreement and: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty
(30) days after the non-breaching Party provides the breaching Party with written notice of such breach.
16.2. For lack of payment by written notice to Customer, if Customer’s failure to pay amounts due under this
Agreement has continued more than ninety (90) days after delivery of written notice of non-payment.
17. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:
17.1. Upon the expiration or earlier termination of this Agreement, each Party shall continue to hold such
Confidential Information in confidence pursuant to Section 9; and
17.2. Upon the expiration of this Agreement, each Party shall pay to the other all amounts accrued prior to and
through the date of termination of this Agreement.
18. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise
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transferred by either Party without the prior written consent of the other Party, which consent will not be
unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all
of CentralSquare’s assets, CentralSquare may assign this Agreement to an entity ready, willing and able to
perform CentralSquare’s executory obligations hereunder, as evidenced by an express written assumption of
the obligations hereunder by the assignee.
19. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including
the breach, termination, or validity thereof, shall be resolved by final and binding arbitration.
19.1. Exclusive Dispute Resolution Mechanism. The Parties agree to resolve any dispute, controversy, or claim
arising out of or relating to this Agreement (each, a "Dispute"), exclusively under the provisions of this
Section. Either Party may seek interim or provisional relief in any court of competent jurisdiction if
necessary, to protect the rights or property of that Party pending the appointment of the arbitrator or
pending the arbitrator’s determination of the merits of the dispute.
19.2. Good Faith Negotiations. The Parties agree to send written notice to the other Party of any Dispute
(“Dispute Notice”). After the other Party receives the Dispute Notice, the parties agree to undertake good
faith negotiation between themselves to resolve the Dispute. Each Party shall be responsible for its
associated travel costs. The parties agree to attend no fewer than three negotiation sessions attended
Vice Presidents of each Party (or employees of equivalent or superior position).
19.3. Escalation to Mediation. If the Parties cannot resolve any Dispute during the good f aith negotiations
either Party must initiate mediation under Section 19.4.
19.4. Mediation. Subject to Sections 19.2 and 19.3, the Parties may escalate a Dispute to a mutually agreed
to mediator. Parties agree to act in good faith in selecting a neutral mediator and in scheduling the
mediation proceedings. The parties agree to use commercially reasonable efforts in participating in the
mediation. The parties agree the mediator’s fees and expenses, and the mediator’s costs incidental to
the mediation will be shared equally between the parties. The parties shall bear their own fees, expenses,
and costs.
19.5. Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and
statements made in the course of the mediation are confidential, privileged, and inadmissible for any
purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is
otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result
of its use in the mediation.
19.6. Litigation or Arbitration as a Final Resort. If the Parties cannot resolve a Dispute through mediation, then
once an impasse is issued by the mediator either Party must commence binding arbitration in accordance
with the provisions of 19.7 and 19.8.
19.7. Arbitration. The Parties agree that any dispute, controversy, or claim arising out of or related to the
Employee’s employment with the Company or termination of employment, this Agreement, or any alleged
breach of this Agreement shall be governed by the Federal Arbitration Act (FAA) and submitted to and
decided by binding arbitration to be held in California. Parties agree to hold the deliberations in such
arbitration confidential.
19.8. Arbitration Procedure. The Parties agree arbitration must be commenced by delivering a notice of
arbitration to the other Party. The Notice must set out the nature of the claim(s), and the relief requested.
Within thirty (30) days of the receipt of the notice, the receiving Party shall deliver an answer, any
counterclaim(s), and relief requested. Arbitration shall be heard by a single arbitrator. Each Party shall
pay its own costs of arbitration. The Parties shall confer in good faith to attempt to agree upon a suitable
arbitrator, and if unable to do so, they will select an arbitrator from the American Arbitration Association’s
employment arbitration panel for the area. The arbitrator shall decide the procedures in the arbitration
after consultation with the Parties. The arbitrator will have the power to grant any provisional or final
remedy or relief it deems appropriate, including conservatory measures and an award of attorneys’ fees.
The decision of the arbitrator shall be final and binding upon the Parties hereto. The Parties agree that
judgment may be entered upon the award by any court having jurisdiction.
20. Waiver/Severability. The failure of any Party to enforce any of the provisions hereof will not be construed to
be a waiver of the right of such Party thereafter to enforce such provisions. If any provision of this Agreement
is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
21. LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN THIS AGREEMENT TO THE CONTRARY, AND
REGARDLESS OF THE NUMBER OF LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT,
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NEGLIGENCE, OR OTHERWISE:
21.1. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR LOSSES OF PROFIT,
REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, DATA, REPUTATION, AND MORE
GENERALLY, ANY LOSSES OF AN ECONOMIC OR FINANCIAL NATURE, REGARDLESS OF
WHETHER SUCH LOSSES MAY BE DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND
NATURALLY FROM THE INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF
WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND
21.2. CENTRALSQUARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT(S) ACTUALLY PAID BY CUSTOMER TO
CENTRALSQUARE HEREUNDER FOR THE LAST TWELVE MONTHS.
22. Third-Party Materials. CentralSquare may from time to time, in its discretion engage third parties to perform
services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare provides
front-line support services for third parties, but these third parties assume all responsibility and liability in
connection with the third-party software, equipment, or related services. CentralSquare is not authorized to
make any representations or warranties that are binding upon the third-party or to engage in any other acts that
are binding upon the third-party, excepting specifically that CentralSquare is authorized to represent third-party
fees in the Agreement and to accept payment of such amounts from Customer on behalf of the third-party for
as long as such third-party authorizes CentralSquare to do so. As a condition precedent to installing or
accessing any third-party Materials, Customer may be required to execute a click -through, shrink-wrap End
User License Agreement (EULA) or similar agreement provided by the Third-Party Materials provider. All third-
party materials are provided “as-is” and any representation or warranty concerning them is strictly between
Customer and the third-party.
23. Entire Agreement. This Agreement, and any Exhibits specifically incorporated therein by r eference,
constitutes the entire agreement between the Parties with respect to the subject matter. These documents
supersede and merge all previous and contemporaneous proposals of sale, communications, representations,
understandings and agreements, whether oral or written, between the Parties with respect to the subject hereof.
This Agreement may not be modified except by a writing subscribed to by authorized representatives of both
Parties.
24. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective
successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any
other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
25. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed
shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. This
Amendment shall be considered properly executed by a Party if executed by that Party and transmitted by
facsimile or other electronic means including, without limitation, Docusign, Tagged Image Format Files (TIFF),
or Portable Document Format (PDF).
26. Material Adverse Change. If any Law, Regulatory Approval, applicable standard, process, OEM requirement
is changed or comes into force after the Effective Date, including but not limited to PCI standards (collectively,
a “Material Adverse Change”), which is not explicitly addressed within this Agreement and results in significant
extra costs for either Party in relation to the performance of this Agreement, both Parties shall promptly meet,
discuss in good faith, and agree upon reducing the technical, operational, and/or commercial impact of such
Material Adverse Change.
27. Cooperative Purchases. This Contract may be used by other government agencies. CentralSquare has
agreed to offer similar services to other agencies under the same terms and conditions as stated herein except
that the compensation may be negotiated between CentralSquare and other agencies based on the specific
revenue expectations, agency reimbursed costs, and other agency requirements. The Customer will in no way
whatsoever incur any liability in relation to specifications, delive ry, payment, or any other aspect of purchases
by such agencies.
28. Order of Precedence.
28.1. In the event of any conflict or inconsistency between this Agreement, the Exhibits, or any purchase order,
then the following priority shall prevail:
28.1.1. The main body of this Agreement and any associated amendments or change orders.
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28.1.2. The attached Exhibits to this Agreement.
28.1.3. Purchase Orders placed with CentralSquare in accordance with this Agreement.
Customer’s purchase terms and conditions or CentralSquare’s sales terms and conditions are not applicable
and shall have no force and effect, whether referenced or not in any document in relation to this Agreement.
28.2. Incorporated Exhibits to this Agreement:
Exhibit 1 – Project Cost Summary
Exhibit 2 - Maintenance & Support Standards
Exhibit 3 – Travel Expense Guidelines
Exhibit 4 – Insurance Requirements
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Note: Pricing for Professional Services is a good faith estimate based on the information available to CentralSquare at the time of execution of this
Agreement. The total amount that Customer may pay for these services can vary based on the actual number of hours required to complete the services.
If required, additional services will be provided on a time and materials basis at hourly rates equal to CentralSquare ’s then-current list price rates for the
services at issue.
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EXHIBIT 1
Project Cost Summary
PAYMENT TERMS:
RECURRING FEES
a. The Annual Access Fee is due: December 1, 2021 and first of each month thereafter.
ANCILLARY FEES
b. Reimbursement of travel and living expenses will be governed by Exhibit 3 (“Travel Expense Guidelines”)
attached hereto and will be invoiced monthly in arrears and due within thirty (30) days from date of invoice.
c. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice
Customer and Customer will pay to CentralSquare all such tax amounts.
d. If Customer fails to make any payment when due, then CentralSquare may charge interest on the
past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower,
the highest rate permitted under applicable law; and If such failure continues for 90 days following
written notice thereof, CentralSquare may suspend performance or access until past due amounts
have been paid.
Applications and/or Services Monthly
Access Fee
Year 1
Annual
Access Fee
Year 1
Monthly
Access Fee
Year 2
Annual
Access Fee
Year 2
Renewal Services $ 5,281.50 $ 63,378.00 $ 5,545.575 $66,546.90
Existing PLUS Products
(Currently Licensed)
PLUS Applicant Tracking
PLUS Accounts Payable
PLUS Budgeting/Budget Preparation
PLUS CA Regulatory Software
PLUS Central Receipting
PLUS Centralized Property File
PLUS Employee Benefits
PLUS General Ledger
PLUS Human Resources Attendance
PLUS Human Resources Payroll
PLUS Human Resources Personnel
PLUS Human Resources Workflow
PLUS Miscellaneous Billing
PLUS Personnel Budgeting
PLUS Project Accounting/Costing
PLUS Purchasing/Purchase Orders
PLUS Revenue Tracking
PLUS Workflow Financial Accounting/Purchasing
Included in
Monthly
Access Fee
Included in
Annual
Access Fee
Included in
Monthly
Access Fee
Included in
Annual
Access Fee
Existing Third Party
Products
(Currently Licensed)
Cognos Impromptu 7.1 (1 Admin, 3 End Users)
Four Js Compiler
Four Js Runtime (12 Users)
Optio Suite
Included in
Monthly
Access Fee
Included in
Annual
Access Fee
Included in
Monthly
Access Fee
Included in
Annual
Access Fee
Total Proposed System: $ 5,281.50 $ 63,378.00 $ 5,545.575 $66,546.90
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EXHIBIT 2
Support Standards (CLOUD/ASP)
1. CentralSquare Cloud Security Program
1.1. Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny-by-
default access control lists, and Multi-Factor
authentication required for System Administration.
Business continuity is prioritized via daily encrypted
backup stored offsite, virtual tape backup
technology to counter loss of physical media, and
full replication to disaster recovery site, with
redundancy an availability through multiple carriers.
1.2. Security & Monitoring. SSL and IPSEC VPN with
256 bit encryption, web application firewalls, multi-
layered infrastructure model with recorded internal
and external CCTV, card access control, best of
breed HVAC/fire suppression/physical security,
and backed by 24-7 x 365 monitoring by a staffed
operations facility for: Intrusion detection &
prevention, DDOS mitigation, and automated
network incident creation and escalation.
1.3. Testing, Audits & Compliance. third-party internal,
external, perimeter vulnerability and penetration
testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers.
Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit,
SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and
Control Self-Assessment Audit.
2. Service Level Commitments
2.1. Target. In each Service Period, the target for availability of the Solutions is 99.9% (“Availability Target”).
“Service Period” means 24 hours per day Monday through Sunday each calendar month that Customer
receives the Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern Time for scheduled
maintenance. During this time, Customers may experience intermittent interruptions. CentralSquare will
make commercially reasonable efforts to minimize the frequency and duration of these interruptions and
CentralSquare will notify the Customer if the entire maintenance window will be required.
2.2. Support Terms. Beginning on the Execution Date and continuing for twenty-four (24) months thereafter
(“Initial Support Term”), CentralSquare shall provide the ongoing Support Services described herein for the
corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial Support Term, an optional two (2) year
renewal term is offered, with customer paying for additional annual support periods, each a (“Renewal
Support Term”). This renewal will continue until termination of this Agreement provided that, CentralSquare
shall not give notice of termination if it would be effective prior to a period equal to two times the Agreement’s
Initial Term.
2.3. Measurement. Service availability is measured as the total time that the Solutions are availabl e during each
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Service Period for access by Customer (“Service Availability”). Service Availability measurement shall be
applied to the production environment, and the points of measurement for all monitoring shall be the servers
and the Internet connections at CentralSquare ’s hosted environment. CentralSquare has technology
monitoring, measuring, and recording Service Availability. The Customer, at their discretion, may also employ
monitoring tools, not to override CentralSquare ’s measurements for the purposes of calculating Service
Availability. Additionally, the use must be:
2.3.1.1. mutually agreed upon by CentralSquare and the Customer.
2.3.1.2. paid, installed and maintained by the Customer.
2.3.1.3. non-invasive and may not reside on CentralSquare ’s systems.
2.4. Calculation. Service Availability for a given month shall be calculated using the following calculation:
2.4.1. The total number of minutes which the service was NOT available in a given month shall be subtracted
from the total number of minutes available in the given month. The resulting figure is divided by the
total number of minutes available in the given month.
2.4.2. Service Availability Targets are subject to change due to the variance of the number of days in a month.
2.4.3. The total number of minutes which the service was NOT available in a given month shall exclude
minutes associated with scheduled or emergency maintenance.
2.5. Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a credit
calculated as follows:
Service Availability in the relevant
Service Period
Percentage Reduction in Monthly Fee for
the Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0% 5%
Less than 99.0% but greater than or equal to 95.0% 10%
Less than 95% 20%
2.6. If not directly reported by CentralSquare, Credit entitlement must be requested by the Customer within sixty
(60) days of the failed Target. Customer shall not be entitled to offset any monthly Solutions fee payments, nor
withhold fee payments, on account of a pending credit. Customer shall not be eligible for credits for any period
where Customer is more than thirty (30) days past due on their account. CentralSquare will provide reporting,
showing performance and service levels.
3. Server Performance & Capacity.
3.1. CentralSquare shall provide sufficient server capacity for the duration of this hosting Agreement to meet the
reasonable performance requirements for the number of concurrent system users provided for in this
Agreement. If the Customer requests, at some later date, to add additional Solutions, increase user licenses,
increase storage or processing requirements, and/or request additional environments, these requests will be
evaluated and if additional resources are required to support modifications, additional fees may apply .
3.2. “In-network” is defined as any point between which the data packet enters the CentralSquare environment and
subsequently departs the CentralSquare environment. Any point of communications outside of the
CentralSquare protected network environment shall be deemed as “out-of-network.” CentralSquare is not
responsible for Internet connectivity and/or performance out-of-network.
4. System Maintenance.
4.1. Solutions maintenance and upgrades. CentralSquare will provide all hosted systems and network maintenance
as deemed appropriate and necessary by CentralSquare. Maintenance and upgrades will be scheduled in
advance with the Customer’s primary contact if they fall outside of the designated hours set aside for this
function of Sundays from 12:00AM to 12:00 PM.
4.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the
Customer’s standard business hours of operation and the Customer will be notified prior to the upgrade.
4.3. Emergency maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as
to cause the least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity. CentralSquare will attempt to notify the Customer promptly, however if no contact
can be made, CentralSquare management may deem it necessary to move forward with the emergency
maintenance.
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5. Incident Response. Incidents are defined as interruptions to existing service and can range in priority from urgent
to low depending on the impact to the Customer. CentralSquare will make commercially reasonable efforts to
respond to Solutions incidents for live production systems using the following guidelines:
Priority
Level
Impact Description Performance Target Minimum
Performance
Goal %
1 Urgent An Incident that results in loss of Customer
connectivity to all of the Solutions or results
in loss, corruption or damage to
Customer’s Data.
CentralSquare will
respond within 1 hour
of the issue being
reported.
95%
2 Critical An Incident that has an adverse material
impact on the performance of the Solutions
or materially restricts Customer’s day-to-
day operations.
CentralSquare will
respond within 2 hours
of the issue being
reported.
95%
3 Non-Critical An Incident that does not result in a failure
of the Solutions but a fault exists that
restricts the Customer’s use of the
Solutions.
CentralSquare will
respond within 4 hours
of the issue being
reported.
95%
4 Minor An Incident that does not affect or which
has minimal adverse impact on the use of
the Solutions.
CentralSquare will
respond within 24
hours of the issue
being reported.
95%
5.1. Measurement. CentralSquare shall track and report on response and resolution time for application and hosting
support issues identified by the Customer.
6. Disaster Recovery. CentralSquare provides disaster recovery services for Solutions. The costs for these disaster
recovery services are included in the monthly fees. In the event that a disaster renders the Customer’s data center
is inaccessible or rendered non-functional, CentralSquare will provide the ability to connect to the appropriate data
center using software provided by CentralSquare. This will allow the Customer to connect to their systems from a
remote site to the previously identified critical functions, however functionality may be diminished due to lack of
access to hardware and/or software located in the Customer’s facilities.
7. Exceptions. CentralSquare shall not be responsible for failure to carry out its service and maintenance obligations
under this Agreement if the failure is caused by adverse impact due to:
7.1. defectiveness of the Customer’s environment, Customer’s systems, or due to Customer corrupt, incomplete, or
inaccurate data reported to the Solutions, or documented Defect.
7.2. denial of reasonable access to Customer’s system or premises preventing CentralSquare from addressing the
issue.
7.3. material changes made to the usage of the Solutions by Customer where CentralSquare has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Solutions.
7.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents .
8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For
critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved.
9. Service Requests. Service requests are new requests that will take less than 8 hours to accomplish. For new
requests that require additional time, CentralSquare will prioritize these requests, and determine if extra time is
needed to order equipment or software.
10. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide non -
production environment(s) during Customer business hours. Non-production environments are not included under
the metrics or service credit schedules discussed in this Exhibit.
10.1. Maintenance. All forms of maintenance to be performed on non-production environments will follow the exact
structure and schedules outlined above in Section 3 for regular System Maintenance.
10.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled similar to production service requests.
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11. Responsibility Summary Matrix.
Responsibility Summary Matrix
Description CentralSquare
Responsibility
Customer
Responsibility
ASP Server Hardware management X
ASP Server File system management X
ASP Server OS upgrades and maintenance X
ASP Database product upgrades and maintenance X
ASP third-party product upgrades and maintenance X
Application Update Installation
Request to install application updates X
Installation of application updates X
ASP Backup Management X
Data and or File restoration
Request to restore data and or files X
Restoration of data and or files X
Network
ASP Network up to and including the router at CentralSquare ’s
location
X
ASP Router at Customer’s location X
Customer’s network up to the router at Customer’s location X
Customer Workstations X
System Performance X X
Add/Change users
User add/change requests X
User add/change implementation for System Access X
User add/change implementation for Solutions X
Add/Change Printers
Printer add/change requests X
Printer add/change implementation on ASP network X
Printer add/change implementation for Solutions X
Disaster Recovery X
Password Management X X
Application Management
Application Configuration X
Application Security Management X
Accuracy and Control of Data X
Security
Intrusion and Penetration Testing X
12. Virtual Private Network (VPN) Concentrator. If Customer’s desired system configuration requires the use of a
VPN concentrator, including router, this will be provided by CentralSquare . It will reside at Customer’s location but
is, and shall remain the property of CentralSquare.
13. Customer Cooperation. Customer may be asked to perform problem determination activities as suggested by
CentralSquare. Problem determination activities may include capturing error messages, documenting steps taken
and collecting configuration information. Customer may also be requested to perform resolution activities including,
for example, modification of processes. Customer agrees to cooperate with such requests, if reasonable.
14. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Solutions .
15. Development Work. The Support Standards do not include development work either (i) on software not licensed
from CentralSquare or (ii) development work for enhancements or feat ures that are outside the documented
functionality of the Solutions, except such work as may be specifically purchased and outlined in Exhibit 1.
CentralSquare retains all Intellectual Property Rights in development work performed and Customer may request
consulting and development work from CentralSquare as a separate billable service.
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16. Telephone Support & Support Portal
16.1. Hours. CentralSquare shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M. Customer’s
Local Time within the continental United States, excluding holidays (“5x9”). CentralSquare shall provide to
Customer, during the Support Hours, commercially reasonable efforts in solving errors reported by the Customer
as well as making available an online support portal. Customer shall provide to CentralSquare reasonably
detailed documentation and explanation, together with underlying data, to substantiate errors and to assist
CentralSquare in its efforts to diagnose, reproduce and correct the error. This support shall be provided by
CentralSquare at Customer location(s) if and when CentralSquare and Customer agree that on-site services are
necessary to diagnose or resolve the problem. If a reported error did not, in fact, exist or was not attributable to
a defect in the Solutions or an act or omission of CentralSquare, then Customer shall pay for CentralSquare 's
investigation and related services at CentralSquare ’s standard professional services rates. Customer must
provide CentralSquare with such facilities, equipment and support as are reasonably necessary for
CentralSquare to perform its obligations under this Agreement, including remote access to the Specified
Configuration.
16.2. Releases. Customer shall promptly install and/or use any Release provided by CentralSquare to avoid or
mitigate a performance problem or infringement claim. All modifications, revisions and updates to the Solutions
shall be furnished by means of new Releases of the Solutions and shall be accompanied by updates to the
Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.
16.3. Case Number. Measured from the moment a Case number is created. As used herein a “Case number” is
created when a) a CentralSquare support representative has been directly contacted by Customer either by
phone, in person, or through CentralSquare ’s online support portal, and b) when CentralSquare ’s support
representative assigns a case number and conveys that case number to the Customer.
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EXHIBIT 3
Travel Expense Guidelines
CentralSquare will adhere to the following guidelines when incurring travel expenses:
All arrangements for travel are to be made through the CentralSquare Corporate Travel Agent unless other
arrangements have been made with the Customer and are documented in writing.
AIR TRAVEL – CentralSquare will use the least expensive class of service available with a minimum of seven (7)
day, maximum of thirty (30) day, advance purchase. Upon request, CentralSquare shall provide the travel itinerary
as the receipt for reimbursement of the airfare and any fees. Fees not listed on the itinerary will require a receipt
for reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
Customer, Customer will reimburse the current IRS approved mileage rate for all local trips.
LODGING –CentralSquare will use the most reasonable accommodations possible, dependent on the city. All
movies, and phone/internet charges are not reimbursable.
RENTAL CAR – Compact or Intermediate cars will be required unless there are three or more CentralSquare
employees sharing the car in which case the use of a full size car is authorized. Gas is reimbursable however;
pre-paid gas purchases will not be authorized and all rental cars are to be ret urned with a full tank of gas. Upon
request, receipts for car rental and gas purchases will be submitted to Customer. CentralSquare shall decline all
rental car insurance offered by the car rental agency as staff members will be covered under the CentralSquare
auto insurance policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION – CentralSquare staff members are expected to use the most economical means
for traveling to and from the airport (Airport bus, hotel shuttle service). Airport taxi or mileage for the employee’s
personal vehicle (per IRS mileage guidelines) are reimbursable if necessary. Upon request, receipt(s) for the taxi
will be submitted to Customer. Proof of mileage may be required and may be documented by a readily available
electronic mapping service. The mileage rate will be the then-current IRS mileage guideline rate (subject to change
with any change in IRS guidelines).
OTHER BUSINESS EXPENSES – Parking at the airport is reimbursable. Tolls to and from the airport and while
traveling at the Customer site are reimbursable. Tipping on cab fare exceeding 15% is not reimbursabl e. Porter
tips are reimbursable, not exceeding $1.00 per bag. Laundry is reimbursable when travel includes a weekend day
or Company Holiday and the hotel stay is four nights or more. Laundry charges must be incurred during the trip
and the limit is one shirt and one pair of pants/skirt per day. With the exception of tips, receipts shall be provided
to Customer upon request for all of the aforementioned items.
MEALS – Standard per Diem. Subject to change due to cost of living.
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EXHIBIT 4
Minimum Insurance Requirements
• Workers’ Compensation, statutory limits, and Employer’s Liability with limits no less than $1,000,000.
• Commercial General Liability insurance, covering bodily injury and property damage liability, products &
completed operations, with minimum limits $1,000,000 each occurrenc e for bodily injury and property
damage, $2,000,000 general aggregate.
• Business Auto Liability insurance, covering any vehicle used by vendor in performance of work for
CentralSquare or around CentralSquare ’s premises. Limits no less than $1,000,000 each accident.
• Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000
aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Vendor in this agreement and shall include claims involving infringement of intellectual property,
infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to
or destruction of electronic information, release of private information, alteration of electronic information,
extortion and network security. The policy shall provide coverage for breach response costs as well as
regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
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SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Review of City Council Assignments
RECOMMENDED ACTIONS:
Review the list of City Council assignments and provide direction on changes to the list of
assignments.
BACKGROUND:
Every December, the City Council reviews assignments and provides direction on changes in two
parts. The first part consists of the City Council reviewing the list of assignments and providing
direction on assignments that should be added or removed, as well as direction for assignment
descriptions. Updates in the list of assignment descriptions includes removal of the Public Art
Committee and Santa Clara/Santa Cruz Counties Airport/Community Roundtable. Additionally,
the Saratoga Area Senior Coordinating Council Board of Directors assignment was changed to a
Liaison Assignment –Non-Voting as a result of recent bylaw changes.
The second part takes place at the second meeting in December and includes proposed member
assignments being presented for City Council consideration and adoption. Each Council Member
is requested to submit assignment preferences to the City Clerk by the end of day Monday,
December 6, 2021. Proposed member assignments will be reviewed by the Mayor who will make
a recommendation to the City Council for the December 15, 2021 meeting.
ATTACHMENTS:
Attachment A –City Council Assignment Descriptions
Attachment B –Current City Council Assignments
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Saratoga City Council Assignment Descriptions
AGENCY ASSIGNMENTS –
VOTING
DESCRIPTION
Association of Bay Area Government
(ABAG) General Assembly
ABAG is the Regional Planning Agency for the nine counties in the San Francisco Bay Area. The
General Assembly includes one delegate from each of the nine counties as well as one delegate from
each of the cities in those nine counties. The General Assembly reviews policy recommendations from
the ABAG Executive Board, establishes annual membership fees, reviews the ABAG Association
bylaws, and considers policy, annual budget, and work program during the General Assembly
Conference.
More Information:https://abag.ca.gov/about-abag/what-we-do/how-we-govern/general-
assembly
Contact: Fred Castro, ABAG Clerk of the Board
fcastro@bayareametro.gov
Meeting Schedule: The ABAG General Assembly meets annually, usually in June. Meetings
are in the Bay Area Metro Center, 375 Beale Street, San Francisco, unless otherwise noted.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
Cities Association of Santa Clara
County Board of Directors
The Cities Association of Santa Clara County is an association of the 15 cities and the County. It serves
as a forum to discuss issues of mutual concern. The Board of Directors includes one representative of
each city in the County.
More Information: http://citiesassociation.org
Contact: Andi Jordan, Executive Director
(408) 766-9534 andi@citiesassociation.org
Meeting Schedule: Meetings are held on the second Thursday of every month, except July, at
7:00 p.m. at Sunnyvale City Hall at 456 West Olive Avenue in Sunnyvale.MEETING VIA
ZOOM UNTIL FURTHER NOTICE
Cities Association of Santa Clara
County Legislative Action Committee
The Cities Association Legislative Action Committee considers regional and statewide issues that are
of interest to the cities of Santa Clara County. The Committee includes one representative of each city
in the County.
More Information: http://citiesassociation.org
Contact: Andi Jordan, Executive Director
(408) 766-9534 andi@citiesassociation.org
Meeting Schedule: The Legislative Action Committee meets the second Thursday of the
month 6-7 pm, scheduled as needed at Sunnyvale City Hall at 456 West Olive Avenue in
Sunnyvale. MEETING VIA ZOOM UNTIL FURTHER NOTICE
Cities Association of Santa Clara
County City Selection Committee
The Cities Association Selection Committee periodically convenes to make appointments to regional
and local bodies, pursuant to Government Code 50270-50279.4. The Committee includes one
representative of each city in the County.
More Information: http://citiesassociation.org
Contact: Andi Jordan, Executive Director
(408) 766-9534 andi@citiesassociation.org
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Meeting Schedule: The Cities Selection Committee meets the second Thursday of the month
prior to the Board of Director’s Meeting, scheduled as vacancies arise at Sunnyvale City Hall at
456 West Olive Avenue in Sunnyvale. MEETING VIA ZOOM UNTIL FURTHER NOTICE
Hakone Foundation Board of
Trustees
The Hakone Foundation is a nonprofit that operates Hakone Gardens in Saratoga. In accordance with
the City’s lease agreement with the Hakone Foundation, two members of the City Council shall
represent the City of Saratoga on the Board of Trustees. The two Council Members have the same
rights and duties of other members of the Board of Trustees.
More Information: https://www.hakone.com/foundation
Contact: Shozo Kagoshima, Executive Director
(408) 741-4994 shozo.kagoshima@hakonegardens.org
Meeting Schedule: The Board meets at 5:00 p.m. on the third Thursday of February, April,
June, August, October, and December, and holds special meetings as needed at Hakone
Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga.MEETING VIA
ZOOM UNTIL FURTHER NOTICE
Hakone Foundation Executive Board Per the City’s agreement with the Hakone Foundation, the City is entitled to one position on the Hakone
Foundation Executive Board. The Mayor or a Council Member selected by the Mayor may fill the
position.
More Information: https://www.hakone.com/foundation
Contact: Shozo Kagoshima, Executive Director
(408) 741-4994 shozo.kagoshima@hakonegardens.org
Meeting Schedule: There is no regular meeting schedule of the Executive Board. Meetings
are scheduled as needed by the Executive Board Chairperson. Meetings are held at Hakone
Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga. MEETING VIA
ZOOM UNTIL FURTHER NOTICE
KSAR 15 Saratoga Community
Access Cable Television Foundation
Board of Directors
The KSAR 15 Saratoga Community Access Cable Television Foundation is a nonprofit that operates
the local access television channel in Saratoga. The Board of Directors is comprised of one member of
the Saratoga City Council, a member of the City of Saratoga staff, one representative of West Valley
College, and a minimum of four (with a maximum of twelve) residents of Saratoga who are subscribers
to Saratoga’s cable television system. The Board establishes policies and priorities for the management
and operation of the local community access television station.
More Information: http://www.ksar15.org/home/index.php
Contact: Gary Dugas, Station Manager
stationmanager@ksar15.org
Meeting Schedule: The Board meets on the fourth Wednesday of every other month at 3:00
p.m. at Saratoga City Hall at 13777 Fruitvale Avenue in Saratoga.MEETING VIA ZOOM
UNTIL FURTHER NOTICE
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Santa Clara County Housing and
Community Development Advisory
Committee
The Committee is comprised of one representative of the Santa Clara County Board of Supervisors and
one representative of the cities of Saratoga, Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte
Sereno, and Morgan Hill. The jurisdictions represented are part of the Community Development Block
Grant (CDBG) Urban County, which receives funding from the United States Department of Housing
and Urban Development to assist lower-income individuals as well as people with special needs.
More Information: https://www.sccgov.org/sites/osh/Pages/home.aspx
Contact: Frank Soriano, Deputy Clerk
(408) 299-5075 frank.soriano@cob.sccgov.org
Meeting Schedule: The Committee meets three times during the Fiscal Year at 6:15 p.m. at
the County Government Center at 70 West Hedding St., San Jose. MEETING VIA ZOOM
UNTIL FURTHER NOTICE
Santa Clara County Library District
Board of Directors
The Santa Clara County Library District JPA is the governing board for the County Library District. The
JPA includes a City Council representative from each of the jurisdictions in the district, including
Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill,
and two Santa Clara County Supervisors.
More Information: http://www.sccl.org/jap-governing-board/
Contact: Jennifer Weeks, County Librarian
(408) 293-2326 ext. 3001 jweeks@sccl.org
Meeting Schedule: The JPA meets four times a year in January, April, June, and October at
12:00 pm. The January, April, and October meetings are held on the on the fourth Thursday.
The June meeting is held on the first Thursday. Meetings are held at the Santa Clara County
Library Services and Support Center at 1370 Dell Avenue in Campbell. MEETING VIA ZOOM
UNTIL FURTHER NOTICE
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Santa Clara Valley Water
Commission
The Santa Clara Valley Water Commission advises the Santa Clara Valley Water District Board of
Directors on issues related to water supply, flood protection, and environmental stewardship.
Commission Members include representatives from each of the cities in the County, the Water District,
the County, Santa Clara County Open Space Authority, and Midpeninsula Regional Open Space
District.
More Information: https://www.valleywater.org/how-we-operate/committees/board-advisory-
committees
Contact: Glenna Brambill, Office of Clerk of the Board
(408) 630-2408 gbrambill@valleywater.org
Meeting Schedule: The Water Commission will meet at 12:00 p.m. on January 22, April 13,
July 27 (tentative) and October 22 in 2022. Meetings are held at the District Headquarters at
5700 Almaden Expressway in San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE
Silicon Valley Clean Energy Authority
Board of Directors
Silicon Valley Clean Energy is a Joint Powers Authority that provides clean energy to customers in 13
Silicon Valley communities through PG&E power lines. Silicon Valley Clean Energy is one of several
Community Choice Energy programs in the San Francisco Bay Area. The Authority is governed by a
Board of Directors that includes representatives from each of the participating communities, including
Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno,
Morgan Hill, Mountain View, Sunnyvale, and the County of Santa Clara.
More Information: http://www.svcleanenergy.org/
Contact: Andrea Pizano, Board Clerk
(408) 721-5301, ext. 1005 andrea.pizano@svcleanenergy.org
Meeting Schedule: Meetings are held the 2nd Wednesday of each month at 7:00 p.m. at the
Cupertino Community Hall at 10350 Torre Avenue in Cupertino.MEETING VIA ZOOM UNTIL
FURTHER NOTICE
Valley Transportation Authority
Policy Advisory Committee
The Valley Transportation Authority Policy Advisory Committee (PAC) consists of one City Council
Member from each of the 15 cities and one member from the Santa Clara County Board of Supervisors.
The PAC ensures that all jurisdictions within the county have access to the development of VTA's
policies.
More Information:http://santaclaravta.iqm2.com/Citizens/Board/1011-Policy-Advisory-
Committee
Contact: Elaine Baltao, Board Secretary
(408) 321-5680 board.secretary@vta.org
Meeting Schedule: The Committee generally meets on the second Thursday of the month at
4:00 p.m. at the VTA River Oaks Campus at 3331 North First Street, Conference Room B-106
in San Jose.MEETING VIA ZOOM UNTIL FURTHER NOTICE
Valley Transportation Authority State
Route 85 Corridor Policy Advisory
Board
The State Route 85 Corridor Policy Advisory Board was established to ensure the stakeholder cities
along the State Route 85 corridor are involved in the development of existing and potential
transportation capital projects along the corridor and have the opportunity to provide input and
recommendations to the VTA Board of Directors.
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More Information: http://santaclaravta.iqm2.com/Citizens/Board/1093-State-Route-85-
Corridor-Policy-Advisory-Board
Contact: Elaine Baltao, Board Secretary
(408) 321-5680 board.secretary@vta.org
Meeting Schedule: The Board meets quarterly on the 4
th Monday at 10 a.m. Meetings are at
VTA offices at 3331 N. First Street in San Jose.MEETING VIA ZOOM UNTIL FURTHER
NOTICE
West Valley Clean Water Program
Authority Board of Directors
The West Valley Clean Water Program Joint Powers Authority (WVCWP) serves as the Stormwater
Pollution Prevention Authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los
Gatos. The Authority is governed by the same four-member Board of Directors as the West Valley Solid
Waste Management Authority comprised of one Council Member from each of the four member
agencies.
More Information: http://www.cleancreeks.org/
Contact: Sheila Tucker, Executive Director
(408) 354-4734, ext. 115 stucker@wvcwp.org
Meeting Schedule: The Board meets on the 1st Thursday of February, May, September, and
November at 4:00 p.m. at Monte Sereno City Hall at 18041 Saratoga-Los Gatos Road in
Monte Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE
West Valley Solid Waste
Management Authority Board of
Directors
The West Valley Solid Waste Management Joint Powers Authority was formed to coordinate efforts in
carrying out solid waste collection and disposal activities and meet the mandates of AB939 and the
States’ Integrated Waste Management Act for the cities of Saratoga, Campbell, Monte Sereno, and Los
Gatos. The Authority is governed by the same four-member Board of Directors as the West Valley Clean
Water Program Authority.
More Information: http://www.wvswma.org
Contact: Rob Hilton, Executive Director
rchilton@hfh-consultants.com
Meeting Schedule: Meetings are held on the first Thursday of February, May, September, and
November at 5:00 p.m. at Monte Sereno City Hall at 18041 Saratoga Los Gatos Road in Monte
Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE
109
West Valley Mayors and City
Managers Association
The West Valley Mayors and Managers Association is a sub-regional grouping of the VTA governance
structure. It consists of the Mayors and City Mangers from the cities of Campbell, Cupertino, Monte
Sereno, Saratoga and the Town of Los Gatos. It is charged with selecting the VTA Board member
representing the above municipalities (for a two-year term).
Contact: The administrative contact rotates each year with the annual transition of City host,
rotating in alphabetical order.
Meeting Schedule: Meetings are held monthly, typically at 11:30 a.m. or 12:00 p.m. Locations
rotate through the member cities. Meetings in August and December are typically canceled.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
West Valley Sanitation District Board
of Directors
The West Valley Sanitation Special District provides wastewater collection and disposal services to
Campbell, Monte Sereno, Los Gatos, most of Saratoga, and a portion of unincorporated Santa Clara
County. The five-member Board of Directors includes one Council Member from each of the four west
valley cities and the District 1 Santa Clara County Supervisor. Board members are compensated $210
for each meeting attended.
More Information: http://www.westvalleysan.org/
Contact: Jon Newby, District Manager
(408) 378-2407, ext. 103 info@westvalleysan.org
Meeting Schedule: Meetings are held on the second Wednesday of the month at 5:00 p.m. at
the District’s Office located at 100 E. Sunnyoaks Avenue in Campbell. MEETING VIA ZOOM
UNTIL FURTHER NOTICE
110
LIAISON ASSIGNMENTS –NON-VOTING DESCRIPTION
Saratoga Area Senior Coordinating Council
Board of Directors
The Saratoga Area Senior Coordinating Council (SASCC) is a nonprofit that seeks to provide
access to physical and social activities for aging adults in the community and operates the Saratoga
Senior Center, Adult Day Program, and Reach Your Destination Easily (RYDE). One member of
the City Council serves as liaison to the Saratoga Area Senior Coordinating Council Board of
Directors.
More Information: https://www.sascc.org/
Contact: Tyler Taylor, Executive Director
(408) 868-1257 tylor@sascc.org
Meeting Schedule: The Board meets on the fourth Tuesday of every month at 4:00 p.m.
at the Saratoga Senior Center, Magnolia Room at 19655 Allendale Avenue in Saratoga.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
Saratoga Chamber of Commerce Board The Saratoga Chamber of Commerce promotes local business through a variety of programs and
services, including networking, member education, business development, promotion, marketing,
and advertising assistance. One member of the City Council serves as liaison to the Chamber of
Commerce Board.
More Information: http://www.saratogachamber.org
Contact: Kelly Medrano, Office Manager
(408) 867-0753 info@saratogachamber.org
Meeting Schedule: The Chamber Board meets on the second Thursday of the month at
4:00 p.m. at the Chamber of Commerce Office at 14460 Big Basin Way in Saratoga.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
Saratoga Historical Foundation Board of
Directors
The Saratoga Historical Foundation was in created in 1962 to promote interest in Saratoga history,
research and collect records, pictures, artifacts, and other memorabilia related to local history, and
maintain the history for the display and safekeeping of archival material. One member of the City
Council serves as a liaison to the Historical Foundation Board of Directors.
More Information: http://www.saratogahistory.com/
Contact: Annette Stransky, Board President
(408) 867-7468 annette022003@yahoo.com
Meeting Schedule: The Board meets on the fourth Thursday of the month except for
November when the Board meets on the third Thursday. Meetings begin at 5:00 p.m. and
are held at the Saratoga History Museum at 20450 Saratoga-Los Gatos Road in
Saratoga. No meetings are held in August and December.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
Saratoga Ministerial Association The Saratoga Ministerial Association is comprised of representatives from communities of faith
located within the city of Saratoga. The purpose of the group is to build community and support
city residents through cooperation and joint activities, including the annual Thanksgiving Day
service, and other events. One member of the City Council serves as liaison to the Ministerial
Association.
Contact: Reverend Erik Swanson, Pastor West Hope Presbyterian esfishrev@gmail.com
111
Meeting Schedule: Meetings are held on the fourth Wednesday of the month at noon
(except in July, August, and December). The location rotates among the congregations.
MEETING VIA ZOOM UNTIL FURTHER NOTICE
Saratoga Sister City Committee Liaison The purpose of the Sister City Committee is to plan and carry out programs and activities, which
strengthen Saratoga’s relationship with its sister city, Muko-Shi, in Japan. One member of the City
Council serves as liaison to the Sister City Committee.
Contact: Peter Marra
piero@pacbell.net
Meeting Schedule: Meetings are held the first Thursday of every month at 5:00 p.m. at
the Joan Pisani Community Center at 19655 Allendale Avenue. MEETING VIA ZOOM
UNTIL FURTHER NOTICE
112
COUNCIL COMMITTEE ASSIGNMENTS DESCRIPTION
Council Finance Committee The Finance Committee is a City Council Committee of the whole with two members
of the City Council with voting privileges. The Committee reviews and provides
recommendations on the City’s financial matters, including the budget, financial
policies, and annual audit.
More Information: http://www.saratoga.ca.us/359/Finance-Committee
Contact: Sandra Dalida, Interim Finance & Administrative Services Director
(408) 868-1221 sdalida@saratoga.ca.us
Meeting Schedule: Meetings are typically scheduled monthly or as needed
during business hours. MEETING VIA ZOOM UNTIL FURTHER NOTICE
113
2021 SARATOGA CITY COUNCIL ASSIGNMENTS
Adopted via Resolution No. 20-066
Agency Assignments -Voting Council Member Alternate
Association of Bay Area Governments General Assembly Zhao
Cities Association of Santa Clara County
Board of Directors
Zhao Walia
Cities Association of Santa Clara County
City Selection Committee
Zhao Walia
Cities Association of Santa Clara County
Legislative Action Committee
Zhao Walia
Hakone Foundation Board of Trustees Fitzsimmons N/A
Hakone Foundation Board of Trustees & Executive Committee Bernald N/A
KSAR 15 Saratoga Community Access TV Television
Foundation Board of Directors
Walia Kumar
Santa Clara County Housing and Community Development
Advisory Committee
Fitzsimmons Bernald
Santa Clara County Library Board of Directors Kumar Walia
Santa Clara Valley Water Commission Kumar Walia
Santa Clara/Santa Cruz Airport/Community Roundtable Bernald Walia
Saratoga Area Senior Coordinating Council Board of Directors Walia Fitzsimmons
Silicon Valley Clean Energy Authority Board of Directors Walia Kumar
Valley Transportation Authority Policy Advisory Committee Zhao Kumar
Valley Transportation Authority State Route 85 Corridor Policy
Advisory Board
Zhao
West Valley Clean Water Program Authority Board of Directors Kumar Bernald
West Valley Solid Waste Management Joint Powers Authority
Board of Directors
Kumar Bernald
West Valley Mayors and Managers Association Zhao Walia
West Valley Sanitation District Board of Directors Zhao Fitzsimmons
Liaison Assignments -Non-Voting Council Member Alternate
Saratoga Chamber of Commerce Board Fitzsimmons Bernald
Saratoga Historical Foundation Board of Directors Bernald Fitzsimmons
Saratoga Ministerial Association Walia Bernald
Saratoga Sister City Organization Fitzsimmons Zhao
Council Committee Assignments Council Member 2nd Council Member
Council Finance Committee Zhao Walia
114