HomeMy WebLinkAbout02-02-2022 City Council Agenda packet - amended 02-03-2022Saratoga City Council Agenda February 2, 2022 – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
FEBRUARY 2, 2022
AMENDED AGENDA
• 1/27/2022 ITEM 3.1 STAFF REPORT REVISED
• 2/2/2022 ITEM 1.1 STAFF REPORT AND ATTACHMENT ‘A’ REVISED
• 2/2/2022 ITEM 3.1 WRITTEN COMMUNICATIONS ADDED
• 2/2/2022 ITEM 3.1 PRESENTATION SLIDES ADDED
• 2/2/2022 ITEM 3.2 WRITTEN COMMUNICATIONS ADDED
• 2/2/2022 ITEM 3.3 PRESENTATION SLIDES ADDED
• 2/3/2022 ITEM 3.1 WRITTEN COMMUNICATIONS ADDED
• 2/3/2022 ITEM 3.2 WRITTEN COMMUNICATIONS ADDED
• 2/3/2022 ITEM 3.3 PRESENTATION SLIDES UPDATED DELETING EXTRA
SLIDE
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 6:00 p.m. Commission Interviews by:
• Using the Zoom website https://us02web.zoom.us/j/82819677489 Webinar ID 828 1967
7489; OR
• Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID provided above
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
• Using the Zoom website https://us02web.zoom.us/j/85994911193; Webinar ID 859 9491
1193; 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 direction above; OR
• Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling
in following the direction 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 February 2, 2022 – Page 2 of 5
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council.
6:00 PM COMMISSION INTERVIEWS
7:00 PM REGULAR SESSION
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on January 27, 2022.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
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.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the January 10, 2022 City Council Special Meeting, the Minutes
for the January 19, 2022 City Council Regular Meeting and the Minutes for the January 20,
2022 City Council Special Meeting.
Staff Report, Revised 02-02-2022
Attachment A - Minutes for the January 10, 2022 Special City Council Meeting, Revised
02-02-2022
Attachment B - Minutes for the January 19, 2022 City Council Regular Meeting
Attachment C - Minutes for the January 20, 2022 City Council Special Meeting
Time Name Commission Vacancies Incumbent
6:05 p.m. Nimisha
Mahuvakar
Parks &
Recreation
Commission
1 Full Term
(ending September 30,
2025)
No
Saratoga City Council Agenda February 2, 2022 – Page 3 of 5
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
1/20/22 Period 7.
Staff Report
Check Register 01-20-2022 Period 7
1.3. 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.
Staff Report
Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant
to AB 361
1.4. Contract with H.T. Harvey & Associates to Provide Construction Support for the Mt
Eden Road Shoulder Stabilization Project in the Amount Not to Exceed $91,790
Recommended Action:
1. Approve construction support contract with H.T. Harvey and Associates for the Mt.
Eden Road Shoulder Stabilization Project, in the amount of $83,445, and authorize the City
Manager to execute the same.
2. Authorize staff to execute change orders to the contract up to $8,345.
Staff Report
Attachment A - Construction Support Contract
2. PUBLIC HEARING
Items placed under this section of the agenda are those defined by law as requiring a special
notice and/or a public hearing or those called by the City Council on its own volition.
2.1. Ordinance relating to electronic and paperless filing of Fair Political Practices
Commission Campaign Disclosure Statements
Recommended Action:
1. Conduct the Public Hearing
2. Introduce and waive the first reading of an ordinance adding Article 2-55 to the
Saratoga Municipal Code relating to electronic and paperless filing of Fair Political
Practices Commission Campaign Disclosure Statements
3. Direct staff to place the Ordinance on the Consent Calendar of the next regular meeting
of the City Council for adoption.
Staff Report
Attachment A - Electronic Campaign Filing Ordinance
3. GENERAL BUSINESS
3.1. Automated License Plate Reader Pilot Program
Recommended Action:
Allocate $20,000 from the City Council discretionary fund for a 7-camera system; approve
the resolution establishing the City of Saratoga Automated License Plate Reader Policy;
authorize the City Manager to execute a memorandum of understanding between the County
of Santa Clara and City of Saratoga regarding use of ALPRs; and, direct staff to implement
the pilot, including community outreach, and provide the City Council with a report on the
ALPR system 1 year after installation.
Saratoga City Council Agenda February 2, 2022 – Page 4 of 5
Staff Report (Corrected 1/27/2022)
Attachment A – Resolution Establishing City of Saratoga Automated License Plate Reader
Policy
Attachment B – Memorandum of Understanding on Use of ALPR System
Attachment C – Information about Flock Safety ALPR System
Supplemental Memo Written Communications (added 02-02-2022)
Presentation Slides (added 02-02-2022)
Supplemental Memo Written Communications (added 02-03-2022)
3.2. Draft Request for Proposals for the Heritage Orchard Maintenance Contract
Recommended Action:
Review the draft Request for Proposals for the Heritage Orchard Maintenance Contract and
provide direction on any revisions.
Staff Report
Attachment A - RFP for Heritage Orchard Maintenance Contract
Supplemental Memo Written Communications (added 02-02-2022)
Supplemental Memo Written Communications (added 02-03-2022)
3.3. Community Event and Street Closure Grant Program for Fiscal Year 2022/23
Recommended Action:
Provide direction on funding for Fiscal Year 2022/23 Community Event and Street Closure
Grant Program, including secured funding recipients and allocations as well as total funding
amount and application timeline for the competitive Community Event Grant Program and
Street Closure Grant Program.
Staff Report
Attachment A – Resolution 20-047 Community Event Grant Program Policy
Presentation Slides (revised 02-03-2022)
COUNCIL ASSIGNMENTS
Mayor Tina Walia
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
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Silicon Valley Clean Energy Authority Board of Directors
West Valley Mayors & Managers
Vice Mayor Kookie Fitzsimmons
Chamber of Commerce
Council Finance Committee
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Sister City Organization
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation
Saratoga City Council Agenda February 2, 2022 – Page 5 of 5
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Yan Zhao
Association of Bay Area Governments
Saratoga Ministerial Association
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Sanitation District
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
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 January 27, 2022 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 27th day of January 2022 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]
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the January 10, 2022 City Council Special Meeting, the Minutes for the
January 19, 2022 City Council Regular Meeting and the Minutes for the January 20, 2022 City
Council Special 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 January 10, 2022 City Council Special Meeting
Attachment B -Minutes for the January 19, 2022 City Council Regular Meeting
Attachment C -Minutes for the January 20, 2022 City Council Special Meeting
REVISIONS & UPDATES:
Attachment A –Minutes for the January 10, 2022, City Council Special Meeting page five
revised to reflect correct vote related to the Special Meeting to be held on January 20, 2022.
5
Saratoga City Council Minutes ~ January 10, 2022 ~ Page 1 of
MINUTES
MONDAY, JANUARY 10, 2022
SARATOGA CITY COUNCIL
SPECIAL MEETING
At 6:00 p.m., the City Council held a Special Meeting via teleconferencing through Zoom.
Mayor Walia called the meeting to order at 6:00 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 Tina Walia, Vice Mayor Kookie Fitzsimmons, Council
Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Britt Avrit, City Clerk
Debbie Pedro, Community Development Director
Kayla Nakamoto, Administrative Analyst
Lauren Pettipiece, Public Information Officer
Nicole Johnson, Senior Planner
David Dorcich, Associate Civil Engineer
(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 January 6, 2022.
AGENDA ITEMS:
1. 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.
Britt Avrit, City Clerk, presented the staff report.
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Saratoga City Council Minutes ~ January 10, 2022 ~ Page 2 of
Mayor Walia invited public comment on the item.
The following individuals spoke on this item: Joanne Birmingham, Daniel Onn, Ray Froess,
Dory Albert, Dick Wheeler, Glenda Aune, Ellis
BERNALD/FITZSIMMONS MOVED TO 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.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
2. Housing Element Update - Housing Opportunity Sites, Policies and Programs
Recommended Action:
Provide direction to staff.
Mayor Walia noted the number of attendees and the number of people expected to address the
City Council on this item and asked if the City Council would like to consider reducing the
public speaking time to one minute per person.
KUMAR/FITZSIMMONS MOVED TO CHANGE THE PUBLIC SPEAKING TIME TO
ONE MINUTE PER PERSON FOR THIS ITEM.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Walia invited public comment on the item.
The following individuals spoke on this item:Ramesh and Shashi Agarwal, Jeffrey Schwartz,
Karthik Iyer, Susanne Karlak, James Foley, Belal Aftab, Terry Cabrinha, Tanya, Chris
Vasquez, Daniel Onn, Dick Wheeler, Mukund Ramaratnam, Ron Leckie, Casa Blanca
Residents, Ellis, Robert Ducote, Peter Boulton, Tom, Steven Kramer, Scott Connelly, Naveen
Mayor Walia requested a recess and reconvened the meeting at 8:10 p.m.
Public comment continued with the following individuals speaking on this item: Steven Leslie,
Ray Froess, Leon Qin, Dory Albert, Corinne Vita, Sundeep, Glenda Aune, Ketan Karkhanis,
Yogesh Nivas, Aslihan, Vicki Kramer, Jerry Schaaf, Pat, Anne Johnson, Sunitha Avers, David,
George and Anne Gadd, Mike Speckman, Aashish Pant, Fulusu, Gary Smith, Ed Grabowy,
Cathie Watson-Short, Narayanan Thondugulam, Pankaj, Steve Moore, Haydee, David
Dornblaser, Debbie Ball-McNally, Nimisha, Kum, Randy Jewell, William Ford, Satya Simha,
Hari Ravi, M. Robertson,Holly Anderson,Boris Yendler, Brian Berkeley,Mary Pat, PS, Val
Marvin, Berna Erol, Dave & Debra Yoffie, Kathy, Ken, Radha, Pat and Jan Adamiak, Kostas
Tsioutsiouliklis, Brad Paulsen, Stephen Morrow, Huff, Margaret, Phil, Omar Z, Seema Dubev,
John Reagan, Radhika, Eric, Nancy Lietzke, David Anderson, Bashyam Anant, Ledong Shen,
E Chan, Amanda and Steve Klinger, ghugger, Bharath Kumar, Deepa Padaki, J Jones, Sorin
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Saratoga City Council Minutes ~ January 10, 2022 ~ Page 3 of
Cismas, Preeti, Piyush Sancheti, Joy Ciffone, Sangeetha, Manoj, Karthik Bhat, Michael
Bennette, Jeff, Greg Dean, Debra Yoffie
Mayor Walia requested a recess and reconvened the meeting at 10:10 p.m.
Public comment continued with the following individuals speaking on this item: Vaibhav
Dubey, Visa G, Anthony Fisher,Alok Mahajan, Mona Kaur, Debbie Zhang, Marc, Cecilia Liu,
Reshma Hyder, Niall King,Don, Tim McNally, Purvi, Amer Haider, Robert Varish, Larry
Schwerin, Debra Kurzke, Balaji V, Cynthia Newton, Kathy D, Lan Kan, LawrenceHernandez,
A, Kay Agarwal, Chidambaram Sambasivam, Mary Ann Welch, Lillie Gee, Vijay, Elaine
Clabeaux, Betty Morse
Mayor Walia requested a recess and reconvened the meeting at 12:15 a.m.
The City Council began discussion of the policies and programs recommended by the Planning
Commission.
Vice Mayor Fitzsimmons stated her family owns property in the Village and recused herself
from discussion regarding the proposed policy on height limits in CH-1 and CH-2 zoning
districts and the City Clerk changed her status in the meeting to ‘Attendee.’
ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICY IN THE
HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT
REPORT: INCREASE THE STANDARD HEIGHT LIMITS IN CH-1 AND CH-2
ZONING DISTRICTS FROM 26 FEET TO 35 FEET. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, ZHAO, WALIA: NOES: NONE. ABSTAIN: KUMAR.
RECUSED: FITZSIMMONS.
Council Member Kumar left the meeting at 12:29 a.m.
Vice Mayor Fitzsimmons returned to the meeting as a ‘Panelist’ at this time.
ZHAO/BERNALD MOVED TO INCREASE STORY LIMITS FOR MULTIFAMILY
DEVELOPMENT PROJECTS TO ACCOMMODATE THE ALLOWABLE DENSITY
ON OPPORTUNITY SITES. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE.
ABSENT: KUMAR.
ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICY IN THE
HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT
REPORT: INCREASE STORY LIMITS FOR MULTIFAMILY DEVELOPMENT
PROJECTS TO ACCOMMODATE THE ALLOWABLE DENSITY ON
OPPORTUNITY SITES. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE.
ABSENT: KUMAR.
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Saratoga City Council Minutes ~ January 10, 2022 ~ Page 4 of
BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO EXCLUDE THE
PROPOSED POLICY TO CREATE A PROPERTY TAX INCENTIVE FOR NEW
DEED RESTRICTED ACCESSORY DWELLING UNITS (ADUs) BY
ESTABLISHING NEW RULES TO ALLOW EXEMPTION FROM INCREMENTAL
PROPERTY TAX ASSESSMENT FOR DEED RESTRICTED ADUs ADDED BEFORE
2031 FROM THE HOUSING ELEMENT. MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. ABSENT: KUMAR.
BERNALD/FITZSIMMONS MOVED TO INCLUDE THE FOLLOWING POLICY IN
THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL
IMPACT REPORT: ESTABLISH AN INCLUSIONARY ORDINANCE REQUIRING
15% OF UNITS, WITH FIVE DWELLING UNITS PER ACRE MINIMIM, BE USED
TOWARDS AFFORDABLE HOUSING PROGRAMS WITH NO IN-LIEU FEE
OPTION
Additional discussion took place.
Direction was given to staff to table the discussion regarding the Inclusionary Ordinance until
January 19, 2022.
BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO EXCLUDE THE HOME
SHARE PROGRAM FROM THE HOUSING ELEMENT.MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES:
NONE. ABSTAIN: NONE. ABSENT: KUMAR.
BERNALD/FITZSIMMONS MOVED TO INCLUDE THE FOLLOWING POLICIES IN
THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL
IMPACT REPORT: REDUCE SETBACK REQUIREMENTS FOR SMALLER
PARCELS TO REDUCE DEVELOPMENT BARRIERS; REDUCE OR ELIMINATE
PERMIT FEES TO ENCOURAGE THE PRODUCTION OF ADUs AND JUNIOR
ADUsTHAT ARE DEED RESTRICTED FOR AFFORDABLE HOUSING; FURTHER
STREAMLINE THE PERMIT PROCESS FOR ADUs BY DEVELOPING A PERMIT
READY ADU PROGRAM TO OFFER PROPERTY OWNERS A SELECTION OF
PRE-APPROVED ADU BUILDING PLANS; DEVELOP OUTREACH PROGRAMS
TO PROMOTE ADUs THROUGH MORE CHANNELS; AND, CREATE A NEW
LAND USE AND ZONING DESIGNATION FOR MIXED-USE SITES WHICH
ALLOWS 100% RESIDENTIAL AS AN OPTION FOR SOME SITES.MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
Mayor Walia stated her personal residence is close to the Argonaut Center and recused herself
from discussion regarding the proposed policy to “Retain commercial land use and zoning for
commercial uses only (e.g., Argonaut Shopping Center) and the City Clerk changed her status
in the meeting to ‘Attendee.’
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Saratoga City Council Minutes ~ January 10, 2022 ~ Page 5 of
ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICIES IN THE
HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT
REPORT:RETAIN COMMERCIAL LAND USE AND ZONING FOR
COMMERCIAL USES ONLY (E.G., ARGONAUT SHOPPING CENTER).MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS: NOES:
NONE. ABSENT: KUMAR. RECUSED: WALIA.
BERNALD/FITZSIMMONS MOVED TO APPLY THE COMMERCIAL USE ONLY TO
THE PARCELS LOCATED AT SARATOGA-SUNNYVALE ROAD/PIERCE.
Additional discussion took place.
Council Member Bernald removed the motion.
FITZSIMMONS/WALIA MOVED TO HOLD A SPECIAL MEETING ON JANUARY
20, 2022 AT 7:00 P.M.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
ZHAO MOVED TO BRING BACK ALL OPPORTUNITY SITES, TO INCLUDE THE
VILLAGE, THE PROSPECT CENTER AND THE PARCEL AT SUNNYVALE-
SARATOGA ROAD/BLAUER, FOR CONSIDERATION AT THE NEXT MEETING.
Motion failed for lack of a second.
ADJOURNMENT
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 2:06 A.M.MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga
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Saratoga City Council Minutes ~ January 19, 2022 ~ Page 1 of 6
MINUTES
WEDNESDAY, JANUARY 19, 2022
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Joint Session with Los Gatos Saratoga Recreation via
teleconferencing through Zoom.
Mayor Walia invited public comment.
No one requested to speak.
At 6:00 p.m., the City Council held a Joint Session with West Valley-Mission Community College
District Board of Trustees via teleconferencing through Zoom.
Mayor Walia invited public comment.
No one requested to speak.
Mayor Walia 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 Tina Walia, Vice Mayor Kookie Fitzsimmons, Council
Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Britt Avrit, City Clerk
Debbie Pedro, Community Development Director
Nick Pegueros, Administrative Services Director
Kayla Nakamoto, Administrative Analyst
Lauren Pettipiece, Public Information Officer
Nicole Johnson, Senior Planner
Ann Xu, Accountant II
(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 January 14, 2021.
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Saratoga City Council Minutes ~ January 19, 2022 ~ Page 2 of 6
Mayor Walia discussed the number of attendees and the number of participants who have indicated
they would like to address the City Council and requested the City Council consider reducing the
public speaking time to one minute.
KUMAR/BERNALD MOVED TO CHANGE THE PUBLIC SPEAKING TIME TO ONE
MINUTE PER PERSON FOR ALL ITEMS ON THE AGENDA FOR THIS MEETING.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO,
FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following individuals spoke at this time:
Zoom user discussed non-citizens voting and laws favoring government over the people.
Jessie Hagelin discussed use of leaf blowers in the City and people not picking up after their dogs.
Alok Mahajan discussed the process followed by the City Council at a recent meeting.
Naresh Makhijani asked about the process for comments and potential responses from the City
Council.
Lochan Narvekar asked about the process for comments, potential responses from the City Council
and adding items to an agenda.
Simona requested answers to previous questions.
The City Manager provided the process regarding public comment and explained how the Council
has been asking staff to respond to questions asked by public speakers.
Lynne Lampros discussed the process for public meetings.
Sunitha Ayers provided a suggestion related to the process for providing answers to questions.
Hadi Ghafouri discussed unmarked bike lanes in the City.
ANNOUNCEMENTS
Mayor Walia shared information about COVID-19, Commission Recruitments, and SED Talks for
Teens: Mend your Mind.
1.CONSENT CALENDAR
Mayor Walia invited public comment on the Consent Calendar.
The following individuals spoke on the Consent Calendar:Bill Dalton, Jerry Bruce, Leon, M.
Robertson
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the December 14, 2021 City Council and Planning Commission
Special Meeting Study Session and the Minutes for the December 15, 2021 City Council
Regular Meeting.
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Saratoga City Council Minutes ~ January 19, 2022 ~ Page 3 of 6
ZHAO/BERNALD MOVED TO APPROVE THE MINUTES FOR THE DECEMBER
14, 2021 CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING
STUDY SESSION AND THE MINUTES FOR THE DECEMBER 15, 2021 CITY
COUNCIL REGULAR MEETING.MOTION PASSED BY VERBAL ROLL CALL.
AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: 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:
12/21/21 Period 6; 1/6/22 Period 7; 1/6/22 Period 7 (Special Run)
ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR
THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/21/21
PERIOD 6; 1/6/22 PERIOD 7; 1/6/22 PERIOD 7 (SPECIAL RUN).MOTION PASSED
BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended November 30, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended November 30, 2021.
ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT THE TREASURER’S
REPORT FOR THE MONTH ENDED NOVEMBER 30, 2021.MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Cancellation of August 3, 2022 and August 17, 2022 City Council meetings for the
Annual ‘Summer Recess’
Recommended Action:
Cancel the City Council meetings scheduled for August 3, 2022 and August 17, 2022 as the
City Council’s annual ‘Summer Recess’ and authorize the City Manager, after consultation
with the Mayor, to reinstate a cancelled meeting if any urgent items arise.
ZHAO/FITZSIMMONS MOVED TO CANCEL THE CITY COUNCIL MEETINGS
SCHEDULED FOR AUGUST 3, 2022 AND AUGUST 17, 2022 AS THE CITY
COUNCIL’S ANNUAL ‘SUMMER RECESS’ AND AUTHORIZE THE CITY
MANAGER, AFTER CONSULTATION WITH THE MAYOR, TO REINSTATE A
CANCELLED MEETING IF ANY URGENT ITEMS ARISE. MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.5. Landmark Designation for 19174 DeHavilland Drive – Application No. LNDMRK21-
0003
Recommended Action:
Waive the second reading and adopt the attached ordinance designating the property at
19174 DeHavilland Drive as a historic landmark.
ORDINANCE 386
13
Saratoga City Council Minutes ~ January 19, 2022 ~ Page 4 of 6
ZHAO/BERNALD MOVED TO WAIVE THE SECOND READING AND ADOPT THE
ORDINANCE DESIGNATING THE PROPERTY AT 19174 DEHAVILLAND DRIVE
AS A HISTORIC LANDMARK.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.6. Update Process for the City Mission Statement, Statement of Values, and the Code of
Ethics and Values
Recommended Action:
Authorize the City Manager to execute an agreement with Shawn Spano, PhD to assist the
City Council with updating the City Mission Statement, Statement of Values, and the Code
of Ethics and Values for an amount not to exceed $7,260.
The following individuals spoke on this item: Bill Dalton, M. Robertson
FITZSIMMONS/ZHAO MOVED TO CONTINUE THIS ITEM TO ANOTHER DATE
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO,
FITZSIMMONS, WALIA: NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE.
1.7. Ordinance Amending City Code Section 4-90.020 to Ban Sale of Menthol Tobacco
Products
Recommended Action:
Adopt the ordinance amending City Code Section 4-90.020 (Tobacco Retailer Definitions)
to extend current prohibitions of the sale of flavored tobacco products to include menthol
products.
The following individual spoke on this item: Bill Dalton
ORDINANCE 387
BERNALD/ZHAO MOVED TO ADOPT THE ORDINANCE AMENDING CITY
CODE SECTION 4-90.020 (TOBACCO RETAILER DEFINITIONS) TO EXTEND
CURRENT PROHIBITIONS OF THE SALE OF FLAVORED TOBACCO
PRODUCTS TO INCLUDE MENTHOL PRODUCTS.MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Fiscal Year 2020/21 Annual Audits Reports
Recommended Action:
Review and accept the FY 2020/21 Annual Comprehensive Financial Report (ACFR) and
related supplemental reports as follows:
A. Annual Comprehensive Financial Report (ACFR)
B. Appropriations Limit Report (Gann)
C. SAS 112 Report (Internal Controls)
D. SAS 114 Report (Statement on Audit Standards)
E. Single Audit Exemption
14
Saratoga City Council Minutes ~ January 19, 2022 ~ Page 5 of 6
ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT THE FY 2020/21 ANNUAL
COMPREHENSIVE FINANCIAL REPORT (ACFR) AND RELATED
SUPPLEMENTAL REPORTS.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.9. FY 2021/22 Budget Adjustment - American Rescue Plan Act/Coronavirus State and
Local Fiscal Recovery Funds
Recommended Action:
Adopt budget resolution to amend FY 2020/21 and FY 2021/22 Budgets to align with the
City of Saratoga’s final ARPA/SLFRF allocation of $7,213,239.
RESOLUTION 22-001
ZHAO/BERNALD MOVED TO ADOPT A BUDGET RESOLUTION TO AMEND FY
2020/21 AND FY 2021/22 BUDGETS TO ALIGN WITH THE CITY OF SARATOGA’S
FINAL ARPA/SLFRF ALLOCATION OF $7,213,239. MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.GENERAL BUSINESS
2.1. EIR Project Description for Housing Element and General Plan Update including
Housing Opportunity Sites Selection, Policies, and Programs
Recommended Action:
Provide direction on the Housing Opportunity Sites, distribution of units, and policies and
programs to include in the project description for the Environmental Impact Report (EIR)
for the General Plan and Housing Element Update.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Walia requested a recess and reconvened the meeting at 9:02 p.m.
Mayor Walia invited public comment on the item.
The following individuals spoke on this item: Jeffrey Schwartz, Kathy, Margot, Behnam, PS,
Sujatha, Scott Connelly, Jose Nunez, M Robertson, Marilyn Marchetti, Hao Ge, Ying Cui,
Edwin S, Anne Johnson, Xiongfei Chen, Dick Wheeler, Grace, Cam, Lynne Lampros, Joe
and Val Marvin, Dhans, Priya, Jefe Aragon, Belal Aftab, Cathie Watson-Short, Ellis, Debs
Rawlings, Lloyd Binen, Brirober, Peter Yang, Jay Gillis, Dan, William Ford, Chiachia,
Letitia, Adya, Xiao Wu, Radhika, Karthik Ramamurthy, David Longanecker. Jun, Aslihan,
Mona Kaur, Karthik Ganesan, Marc, Lisa Yang, Dory Albert, Yulenny Bacon, Eric, Sarang
Kirpekar, KM, Karen Steinman, Peter Boulton, Peter Hahn, Lochan Narvekar, Bhuvana
Krishnamurthy, Timothy McNally, Alan, Frank C, Sung Choi, David Anderson, Camille
Chapman, Han Wen, Resident, Ling, Nanda, Corinne Vita, Athenacarter, Steve Klinger, Larry
Schwerin, James Lu, Vivian, Brian Tran, Greg Dean, Arki G, Kate, Chris Vasquez, Nancy
Lietzke, Sundar, Wei, Hari Ravi, Jie Li, Jeff Jones, Surekha Kotamraju, E Chan, Leon Zhang,
Mayor Walia requested a recess and reconvened the meeting at 11:15 p.m.
15
Saratoga City Council Minutes ~ January 19, 2022 ~ Page 6 of 6
Public comment continued with the following individuals speaking on this item: Karthik Iyer,
Zoom User,Ken, Ray Liang, Feng, Rajeev Mohindra, Ashok Madanahalli, Tylor Taylor, Eva,
BJ Lee, Channu Sannappanavar, Jingdi, Toni, Gene Wu, Huaxing, Linda Chang,Brad
Paulsen, Shamik Mehta, Sandeep, Jenny Cong,Kalyan, Sunny, Gary Smith, Sue B, Easwar,
Bill Dalton, Jaina, Alexis, Eric, Miao, Huili, Wally Jones, Cindy Wu, Zoey Zhang, Vivek
Tiwari, M, Stephen Morrow, Niall King, Holly Anderson, Rina Shah, Anthony, PS
FITZSIMMONS/ZHAO MOVED TO CONTINUE THE ITEMS ON THE AGENDA
FOLLOWING ITEM 2.1 TO THE SPECIAL MEETING SCHEDULED FOR
JANUARY 20, 2022.
Additional discussion took place, and a friendly amendment was made to the motion.
FITZSIMMONS/ZHAO MOVED TO CONTINUE ITEM 2.1 AND THE ITEMS ON
THE AGENDA FOLLOWING ITEM 2.1 TO THE SPECIAL MEETING
SCHEDULED FOR JANUARY 20, 2022.MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
ADJOURNMENT
BERNALD/FITZSIMMOND MOVED TO ADJOURN THE MEETING AT 12:23 A.M.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO,
FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga
16
Saratoga City Council Minutes ~ January 20, 2022 ~ Page 1 of 3
MINUTES
THURSDAY, JANUARY 20, 2022
SARATOGA CITY COUNCIL
SPECIAL MEETING
At 7:00 p.m., the City Council held a Special Meeting via teleconferencing through Zoom.
Mayor Walia called the meeting 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 Tina Walia, Vice Mayor Kookie Fitzsimmons, Council
Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Britt Avrit, City Clerk
Debbie Pedro, Community Development Director
Lauren Pettipiece, Public Information Officer
Nicole Johnson, Senior Planner
(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 January 19, 2022.
Mayor Walia discussed the amount of public comment received at each of the Housing Element
public meetings and requested the City Council consider reducing the public speaking time to one
minute and consider if the Council would like to limit the public comment time period at this
meeting.
BERNALD/KUMARMOVED TO CHANGE THE PUBLIC COMMENT SPEAKINGTIME
TO ONE MINUTE PER PERSON.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
17
Saratoga City Council Minutes ~ January 20, 2022 ~ Page 2 of 3
AGENDA ITEM
1. EIR Project Description for Housing Element and General Plan Update including Housing
Opportunity Sites Selection, Policies, and Programs
Recommended Action:
Provide direction on the Housing Opportunity Sites, distribution of units, and policies and
programs to include in the project description for the Environmental Impact Report (EIR) for
the General Plan and Housing Element Update.
Debbie Pedro, Community Development Director, provided answers to questions received
during public comment on January 19, 2022.
Mayor Walia invited public comment on the item.
The following individuals spoke on this item: Dhans, Brenda, Kate Shen, Siva M, James Foley,
Lisa Newman, Jill Hunter, Glenda Aune, Anne Johnson, Elango, Hao Ge, Frank Schneider,
Anoop Kumar, Jose Nunez, Lochan Narvekar, Doug Robertson, Hadi Ghafouri, Ashok
Madanahalli, Ryan, Vish, Savitha, Athena Carter, Sundar, Curt Blanchi, Joy Ciffone, Nancy
Lietzke, Scott Connelly, Priya Panchatcharam, Joanne, Bashyam Anant, Concerned Citizen,
Timothy McNally, Ken, Ying Shan, Rashmi Shrivastava, Steve Diamond, Debbie, Adya,
Priya, Vivian, Kavita, Joe, Erin, Xiaofeng Wu, Terry Cabrinha, Leon Zhang, Denise Xu,
Andrey Tovchigrechko, Terry Ward, Resident Input, Sam, Zoom User, Brian & Cynthia, Scott
Adams, Arthur Lee, Cristina, Renee Paquier, Bill Cooper, Maria, M, Karen, Steve, Divya,
Sanjeev, Doug Boling.
Mayor Walia requested a recess and reconvened the meeting at 9:21 p.m.
BERNALD/FITZSIMMONS MOVED TO CONTINUE THE HOUSING ELEMENT
ITEM TO JANUARY 28, 2022 IN PLACE OF THE CITY COUNCIL RETREAT,
REQUESTED STAFF INCLUDE INFORMATION ON THE PROSPECT CENTER,
THE COUNTRY CLUB, MONTALVO, QUITO/POLLARD PROPERTY, AND
REQUESTED THE CITY COUNCIL PROVIDE ADDITIONAL SITES FOR
CONSIDERATION TO STAFF BY 8:00 AM MONDAY, JANUARY 24, 2022 MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS,
WALIA: NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Mary-Lynne Bernald
Nothing to report.
Vice Mayor Kookie Fitzsimmons
Hakone Foundation Board – stated admission and gift shop sales are up
18
Saratoga City Council Minutes ~ January 20, 2022 ~ Page 3 of 3
Council Member Rishi Kumar
Nothing to report.
Council Member Yan Zhao
Valley Transportation Authority (VTA) Policy Advisory Committee - elected Council Member
Moore from the City of Cupertino as Chair and Council Member Lopez from the City of Campbell
Vice Chair, adopted FY 2021-2022 budget, received a Measure Bupdate, approved Transportation
Development Act funding for design of a multi-use pedestrian and bicycle trail.
West Valley Sanitation District – stated she has been selected as the Chair and Vice Mayor Ristow
from the Town of Los Gatos was selected as Vice Chair.
Mayor Tina Walia
Hakone Foundation Board & Executive Committee - stated the Committee approved a minor
bylaw change to streamline processes related to terms of Trustees, received a Treasurer’s Report
presentation, discussed the Finance Committee recommendations, and discussed the increase in
attendance.
Silicon Valley Clean Energy Authority Board of Directors - stated the Board elected City of
Campbell Council Member Gibbons as the Chair and the City of Los Altos Hills, Mayor Tyson
as Vice Chair, selected the five members of the Executive Committee and established an Ad-Hoc
committee to address legislative and regulatory responses.
Cities Association of Santa Clara County-Legislative Action Committee -discussed the 2022 goals.
Cities Association of Santa Clara County-City Selection Committee –stated the Committee elected
Morgan Hill City Council Member Yvonne Martinez Beltran as the ABAG Executive Board
Alternate, elected Sunnyvale City Council Member Glenn Hendricks to the Measure A Oversight
Committee, appointed Sunnyvale City Council Member Russ Melton to the Silicon Valley
Regional Interoperability Authority Board of Directors and the Town of Los Gatos Council
Member Matthew Hudes as the alternate.
Cities Association of Santa Clara County – stated the Board discussed goal setting and received
the Planning Collaborative Update.
Council Finance Committee - stated the Committee received a report regarding the Annual
Comprehensive Financial Report and an audit report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
Council Member Kumar invited the public “submit your request to go through the RHNA number
audit.”
CITY MANAGER'S REPORT
None
19
Saratoga City Council Minutes ~ January 20, 2022 ~ Page 4 of 3
ADJOURNMENT
FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 12:02 A.M.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO,
FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga
20
Evangeline Bundang, Sr. 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
1/20/2022 144595 144665 71 1,195,389.17 1/20/2022 1/6/2022 144594
Accounts Payable checks issued for $20,000 or greater:
Date Check # Dept. Amount
1/20/2022 144605 BP-Pak, Inc. CIP Facility Project Fund CDD JPCC Improvements 57,181.00
1/20/2022 144627 Musson Theatrical, Inc CIP Facility Project Fund CDD Theater Lighting/Controls 79,227.75
1/20/2022 144629 SCC Office of the Sheriff General ASD Law Enforcement Services Jan. 570,165.83
1/20/2022 144645 SASCC General CMD FY21-22 Support Grant 22,446.04
1/20/2022 144650 Shute Mihaly & Weinberger General Various Attorney Services 53,197.74
1/20/2022 144655 The Bank of New York Mellon 2001 Library GO Bonds ASD Interest 134,892.50
1/20/2022 144665 Vista Landscape & Maintenance Various PW Landscape Services 32,199.00
Accounts Payable checks voided during this time period:
AP Date Check # Amount
6/23/2021 143467 MT Tire Service/Jennifer Rohrbacker Stale-dated, never cashed 150.00
7/8/2021 143562 Swan Pools Stale-dated, never cashed 1,025.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Void
Void
Fund Purpose
StatusReason Issued to
Issued to
Prior Check RegisterChecks
ReleasedTotal Checks Amount
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:Finance & Administrative Services
1/20/22 Period 7.
PREPARED BY:
Ending Check #
Starting
Check #Type of Checks Date
21
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:29:33 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 7/22
FUND FUND TITLE AMOUNT
111 GENERAL FUND 796,877.17
233 SARAHILLS LIGHTING DIST 217.75
241 ARROYO DE SARATOGA LNDSCP 300.00
242 BONNET WAY LANDSCAPE 230.00
243 CARNELIAN GLEN LANDSCAPE 257.03
244 CUNNINGHAM/GLASGOW LND 522.02
246 GREENBRIAR LANDSCAPE 800.00
247 KERWIN RANCH LANDSCAPE 279.31
248 LEUTAR COURT LANDSCAPE 200.00
249 MANOR DRIVE LANDSCAPE 715.47
251 MCCARTYSVILLE LANDSCAPE 19.72
252 PRIDES CROSSING LANDSCAPE 28.91
253 SARATOGA LEGEND LANDSCAPE 581.38
254 SUNLAND PARK LANDSCAPE 1,481.18
255 TRICIA WOODS LANDSCAPE 43.59
256 ALLENDALE LANDSCAPE 149.49
271 BEUACHAMPS L&L 750.17
272 BELLGROVE L&L 5,547.72
273 GATEWAY L&L 440.00
274 HORSESHOE DRIVE L&L 238.00
276 TOLLGATE L&L 2,864.77
292 PARAMOUNT COURT SWD 9.86
311 2001 LIBRARY GO BONDS 134,892.50
411 CIP STREET PROJECTS FUND 31,971.03
412 CIP PARKS PROJECT FUND 6,192.00
413 CIP FACILITY PROJECT FUND 123,177.75
414 CIP ADMIN PROJECTS FUND 623.00
481 GAS TAX FUND 2,500.00
622 IT SERVICES 16,015.32
623 VEHICLE & EQUIPMENT MAINT 3,817.66
624 BUILDING MAINTENANCE 13,321.78
631 VEHICLE/EQUIP REPLACEMENT 1,178.12
633 BUILDING FFE REPLACEMENT 32,681.00
713 WVCWP AGENCY FUND 16,465.47
TOTAL REPORT 1,195,389.17
22
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-1137 217.50
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2530 1,157.52
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CK#21-2528/-2529 6,797.51
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2623 1,421.88
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2628 816.73
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2629 1,415.51
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CK#21-2632/-2633 2,438.56
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2673 504.50
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2672 2,265.95
144595 11111 01/20/22 1422 4LEAF INC. 22119 PLAN CHECK#21-2674 1,249.89
TOTAL CHECK 18,285.55
144596 11111 01/20/22 234 A T & T 63211 GATEWAY-IRR CONTROL 22.91
144596 11111 01/20/22 234 A T & T 63211 ELEC PANEL CVC THTR 21.25
144596 11111 01/20/22 234 A T & T 63211 PHONE LINES LIB IRR 23.46
144596 11111 01/20/22 234 A T & T 63211 EMERGENCY POTS LINE 21.25
144596 11111 01/20/22 234 A T & T 63211 EMER POTS LN CDD LBBY 22.91
144596 11111 01/20/22 234 A T & T 63211 EMER POTS LINE VM 28.10
144596 11111 01/20/22 234 A T & T 63211 AM 1610 RADIO SARA 22.91
144596 11111 01/20/22 234 A T & T 63211 BOOK-GO-ROUND ALARM 44.80
144596 11111 01/20/22 234 A T & T 63211 CS PARK HVB IRR 45.25
144596 11111 01/20/22 234 A T & T 63211 QUITO IRR MODEM LINE 22.91
144596 11111 01/20/22 234 A T & T 63211 TITUS/PRSPCT MED-IRR 23.05
144596 11111 01/20/22 234 A T & T 63211 PROSPECT RD GRACE BLD 43.31
144596 11111 01/20/22 234 A T & T 63211 HISTORICAL PARK IRR 23.05
144596 11111 01/20/22 234 A T & T 63211 SUPERTRUNK 401.46
144596 11111 01/20/22 234 A T & T 63211 BIG BASIN WAY IRR 23.05
TOTAL CHECK 789.67
144597 11111 01/20/22 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICE 639.14
144598 11111 01/20/22 1130 ABLE SEPTIC TANK SVC 64549 CSP UNCLOG DRAIN 210.00
144598 11111 01/20/22 1130 ABLE SEPTIC TANK SVC 64524 PLUMBING REPAIRS 250.00
TOTAL CHECK 460.00
144599 11111 01/20/22 56 ACE FIRE EQUIPMENT & SVC 64513 ALARM INSPECTIONS 522.50
144600 11111 01/20/22 1692 AECOM TECHNICAL SERVICES 22119 ENV19-0005 EIR CONSUL 5,147.50
144601 11111 01/20/22 1731 AM CONSTRUCTION SUPPLY, I 81121 CONCRETE/ASPHALT 327.36
144602 11111 01/20/22 1137 BEAR ELECTRICAL SOLUTIONS 81161 ER REPAIR HIT/RUN 3,090.00
144602 11111 01/20/22 1137 BEAR ELECTRICAL SOLUTIONS 64535 TRAFFIC SIGNALS MAINTENAN 900.00
144602 11111 01/20/22 1137 BEAR ELECTRICAL SOLUTIONS 64535 TRAFFIC SIGNALS MAINTENAN 4,630.00
TOTAL CHECK 8,620.00
144603 11111 01/20/22 641 BKF ENGINEERS 81143 DEC RR XING FREDERICK 6,192.00
144603 11111 01/20/22 641 BKF ENGINEERS 81143 DEC VIL PED ENHANCE 2,000.00
TOTAL CHECK 8,192.00
144604 11111 01/20/22 357 BMI IMAGING SYSTEMS 64123 ASD DOC SCANNING 9,307.59
144605 11111 01/20/22 1447 BP-PAK, INC. 81161 SR KTCHN HEATER ENCLS 20,000.00
144605 11111 01/20/22 1447 BP-PAK, INC. 81161 JPCC TRANSFER SWITCH ENCL 23,950.00
144605 11111 01/20/22 1447 BP-PAK, INC. 77251 SENIOR WATER HEATER 13,231.00
TOTAL CHECK 57,181.00
23
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144606 11111 01/20/22 179 CIM AIR, INC 64514 HVAC REPAIRS 998.00
144607 11111 01/20/22 937 CITY OF SARATOGA 65134 WVCWP OCT-DEC STF SRV 3,278.25
144608 11111 01/20/22 1412 CIVICPLUS 64311 WVCWP HOSTING & SPPRT 1,296.75
144609 11111 01/20/22 1023 CONTRACT SWEEPING SERVICE 64531 DEC CTYWIDE ST SWEEP 19,087.50
144610 11111 01/20/22 500 COSMOS ROOFING 43471 21-2566 PRMT CNCLD 329.11
144610 11111 01/20/22 500 COSMOS ROOFING 41412 21-2566 PRMT CNCLD 58.08
144610 11111 01/20/22 500 COSMOS ROOFING 43112 21-2566 PRMT CNCLD 1.50
144610 11111 01/20/22 500 COSMOS ROOFING 43117 21-2566 PRMT CNCLD 20.00
TOTAL CHECK 408.69
144611 11111 01/20/22 342 DATA TICKET INC 62481 NOV CITATIONS 370.40
144612 11111 01/20/22 1681 DAVEY RESOURCE GROUP, INC 22119 DEC ARBORIST CONSULT 3,485.00
144613 11111 01/20/22 1372 DICK'S AUTOMOTIVE TRANSPO 64611 TOW SERVICE 101.75
144613 11111 01/20/22 1372 DICK'S AUTOMOTIVE TRANSPO 64611 TOW SERVICE 124.25
TOTAL CHECK 226.00
144614 11111 01/20/22 1688 ENVIRONMENTAL SCIENCE ASS 81141 DEC BRIDGE MAINT RPRS 14,326.86
144615 11111 01/20/22 528 GATES + ASSOCIATES 81142 VILLAGE PEDESTRIAN ENHANC 1,200.00
144616 11111 01/20/22 1608 GREEN HALO SYSTEMS INC. 64323 JAN TRACKING FEES 192.00
144617 11111 01/20/22 63 INTERSTATE TRAFFIC CONTRO 81121 CUSTOM SIGNS 769.45
144617 11111 01/20/22 63 INTERSTATE TRAFFIC CONTRO 64555 PARKS CUSTOM SIGNS 482.34
144617 11111 01/20/22 63 INTERSTATE TRAFFIC CONTRO 81121 STREETS CUSTOM SIGNS 2,187.50
TOTAL CHECK 3,439.29
144618 11111 01/20/22 636 JULIE R INGRAHAM 66213 OCT-DEC MILEAGE RMB 18.82
144619 11111 01/20/22 1078 JUST LEAKS, INC. 77265 MUSEUM REROOF PROJECT 19,450.00
144620 11111 01/20/22 123 KELEX SECURITY 64513 FIRE ALARM REPAIR 250.00
144621 11111 01/20/22 132 KEN FUSON PEST MANAGEMENT 64545 ORCHARD PEST MGMT 660.00
144621 11111 01/20/22 132 KEN FUSON PEST MANAGEMENT 64545 JUL-DEC CVC CTR PEST 750.00
TOTAL CHECK 1,410.00
144622 11111 01/20/22 929 KOPPEL & GRUBER PUBLIC FI 65514 L&L ADMIN SVC OCT-DEC 2,216.06
144623 11111 01/20/22 1563 LOGAN & POWELL, LLP 65282 WVCWP LEGAL SRVC NOV 1,600.00
144623 11111 01/20/22 1563 LOGAN & POWELL, LLP 65282 WVCWP LEGAL COUNSEL SERVI 650.00
TOTAL CHECK 2,250.00
144624 11111 01/20/22 806 METROPOLITAN TRANSPORTATI 81121 STREETSAVER SUBSCRIBE 2,500.00
144625 11111 01/20/22 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00
144626 11111 01/20/22 1164 MOUSER LAW FIRM 65273 FY21/22 DEC LEGAL SVC 544.00
144626 11111 01/20/22 1164 MOUSER LAW FIRM 65273 FY21/22 DEC LEGAL SVC 960.00
24
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
TOTAL CHECK 1,504.00
144627 11111 01/20/22 831 MUSSON THEATRICAL, INC 81161 THEATER LIGHTING/CONTROLS 12,461.75
144627 11111 01/20/22 831 MUSSON THEATRICAL, INC 81161 THEATER LIGHTING/CONTROLS 66,766.00
TOTAL CHECK 79,227.75
144628 11111 01/20/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 648.00
144628 11111 01/20/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 135.00
144628 11111 01/20/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,080.00
TOTAL CHECK 1,863.00
144629 11111 01/20/22 1 OFF OF SHERIFF-FISCAL SVC 64811 LAW ENFORCE JAN 2022 570,165.83
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 200.58
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 8.11
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 32.73
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 PARKS OFFICE SUPPLIES 52.25
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 STREETS OFFICE SUPPLS 52.25
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES -18.54
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 44.00
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 11.12
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 4.90
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 35.13
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 51.17
144630 11111 01/20/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 1.39
TOTAL CHECK 475.09
144631 11111 01/20/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64221 SARA-LG RD PRUNE TREE 2,875.00
144631 11111 01/20/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64549 TOLLGATE RD RMV TREE 2,850.00
144631 11111 01/20/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 RMV FALLING OAK TREE 3,975.00
144631 11111 01/20/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64555 PARKER RNCH TR DEBRIS 2,950.00
TOTAL CHECK 12,650.00
144632 11111 01/20/22 610 PACIFIC DISPLAY, INC 64537 DEC VIL PED LIGHTING 900.00
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS 57.38
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 695.72
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 5,875.33
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW 9.86
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 HORSESHOE DR LNDSCAPE 9.86
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE 19.72
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 656.94
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING 28.91
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 217.75
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE 14.77
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS 1,465.43
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 802.69
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 2,678.89
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 223.46
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 636.58
144633 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 LOAN RETROFIT PROGRAM 653.83
TOTAL CHECK 14,047.12
144634 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 28.92
144634 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 PARAMOUNT CT. 9.86
144634 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 341.66
25
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
TOTAL CHECK 380.44
144635 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 PUB LIB/LNDSCP LIGHTS 23.00
144635 11111 01/20/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 467.55
TOTAL CHECK 490.55
144636 11111 01/20/22 180 PACIFIC PRODUCTS & SERVIC 81121 SURFACE MOUNT BASES 707.97
144637 11111 01/20/22 410 RICH VOSS TRUCKING INC 81121 MATERIALS DELIVERY 270.00
144638 11111 01/20/22 1619 RICHARDSON CONSULTING 22119 ENV19-0005 DEC 4,620.00
144638 11111 01/20/22 1619 RICHARDSON CONSULTING 22119 ENV20-0003 DEC 240.00
TOTAL CHECK 4,860.00
144639 11111 01/20/22 500 S L MITCHELL & CO 43112 22-0047 PRMT CNCLD 1.50
144639 11111 01/20/22 500 S L MITCHELL & CO 43117 22-0047 PRMT CNCLD 20.00
144639 11111 01/20/22 500 S L MITCHELL & CO 41412 22-0047 PRMT CNCLD 58.08
144639 11111 01/20/22 500 S L MITCHELL & CO 43471 22-0047 PRMT CNCLD 329.11
TOTAL CHECK 408.69
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 ALLENDALE LLA 149.49
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 BEAUCHAMPS 292.79
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 166.10
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 CARNELIAN GLEN 20% 57.03
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 CUNNINGHM/GLSGW 77.5% 150.16
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 24123 FARWELL/THREE OAKS 343.12
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 HORSESHOE DR. 80% 228.14
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 KERWIN RANCH 60% 279.31
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 MANOR DRIVE 315.47
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 1,495.56
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 SARA LEGENDS MINA WAY 581.38
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 SUNLAND PARK 285.18
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 TRICIA WOODS 22.5% 43.59
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 3,934.70
144640 11111 01/20/22 87 SAN JOSE WATER COMPANY 63112 MED/EKERWIN RANCH 40% 186.21
TOTAL CHECK 8,508.23
144641 11111 01/20/22 500 SANDRA DALIDA 61123 ACFR DOC PRINTING 476.93
144642 11111 01/20/22 97 SANTA CLARA VALLEY WATER 63112 WATER 7/1-12/31/21 3,765.33
144643 11111 01/20/22 98 SARATOGA CHAMBER OF COMME 68131 Q1 PYMT 7/1-9/30/21 4,162.25
144644 11111 01/20/22 111 SARATOGA HISTORICAL FOUND 63211 50% PHONE 12/13/21 32.88
144645 11111 01/20/22 69 SASCC 68112 FY22 Q1/2 SPPRT GRANT 22,446.04
144646 11111 01/20/22 69 SASCC 68113 FY22 Q1/2 ADLT DYCARE 12,141.94
144647 11111 01/20/22 1687 SCI CONSULTING GROUP 64745 WVCWP SERVICE STUDY 7,783.95
144648 11111 01/20/22 136 SCOTTY'S AUTOMOTIVE 64611 VEH MAINT 2016 SLVRDO 114.88
144648 11111 01/20/22 136 SCOTTY'S AUTOMOTIVE 64611 VEH#138 MAINTENANCE 114.88
TOTAL CHECK 229.76
144649 11111 01/20/22 500 SHIN-CHYI HSIEH 43481 TRP#21-0097 TREE REF 125.00
26
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SERVICES 79.80
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 11,401.00
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 948.80
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 3,511.20
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 26.60
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 1,037.40
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 10,543.10
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 247.00
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 53.20
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 15,321.60
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 478.80
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65218 HR 25.20
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 209.14
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 730.80
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 5,796.00
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 327.60
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 22119 SB 35 PROJECT 1,059.20
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 22119 RW 846.60
144650 11111 01/20/22 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR 554.70
TOTAL CHECK 53,197.74
144651 11111 01/20/22 160 SIERRA PACIFIC TURF SUPPL 61341 RYEGRASS 918.86
144652 11111 01/20/22 1280 SAN JOSE MERCURY NEWS 61113 SUBSCRIP THRU 1/19/22 72.46
144653 11111 01/20/22 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 3,289.30
144654 11111 01/20/22 1453 SUPERION, LLC 64312 NOV ASP SERVICES 5,281.50
144654 11111 01/20/22 1453 SUPERION, LLC 64312 DEC ASP SERVICES 5,281.50
144654 11111 01/20/22 1453 SUPERION, LLC 64312 JAN ASP SERVICES 5,281.50
TOTAL CHECK 15,844.50
144655 11111 01/20/22 710 THE BANK OF NEW YORK MELL 71112 ACCT 8201608400 INT 134,892.50
144656 11111 01/20/22 343 TMT ENTERPRISES INC 64555 LIBRARY GRAVEL 1,054.36
144657 11111 01/20/22 1082 TRI-VALLEY STRIPING 81161 QUITO/ASPESI CURB 3,972.00
144658 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
144659 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61132 CLEANING SUPPLIES 597.60
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 370.28
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61132 JANITORIAL SUPPLIES 766.02
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66212 CONFERENCE TRAVEL 828.68
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 62441 CA DPR REGISTRATION 140.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 264.88
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66211 QAC CERTIFIED TRAINNG 711.45
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 18.54
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 62131 CONSTANT CONTACT 115.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66112 CTY CNCL MTG EXPENSES 906.47
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61212 IT TOOLS 354.95
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 135.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66215 NEW MAYOR TRAINING 250.00
27
SUNGARD PUBLIC SECTOR PAGE NUMBER: 6
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 NOTARY SERVICES 120.75
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 112.39
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66311 CSMFO RECRUITMENT 550.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 EMPLOYEE RECOGNITION 215.81
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66321 ORAL BOARD EXPENSES 171.70
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61134 PPE SUPPLIES 213.54
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 32.18
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 26.16
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 39.50
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 68618 SOTC EVENT PRIZE 50.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 64136 PHOTOGRAPHY SERVICES 350.15
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66211 ICC TRAINING 257.97
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 71.58
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61166 PLANNING COMM. EXPENS 95.14
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61112 POSTAGE 7.58
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 74.08
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61211 IT SUPPLIES 22.90
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 81121 VILLAGE TREE TOPPER 793.10
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 226.17
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61362 FUEL 42.43
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61313 UNIFORMS 111.56
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 77113 VEH#150 TOOL BOX 1,178.12
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 59.92
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 17.48
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 66211 WRPPP CONFERENCE 375.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61342 DOWNTOWN FLOWERS 235.73
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 64611 TIRE REPAIR 30.17
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61133 FACILITY SUPPLIES 249.22
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 62112 PLUG N PAY FEE 15.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61112 POSTAGE 9.86
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 61113 DROPBOX 45.00
144660 11111 01/20/22 391 US BANK PURCHASING CARD P 81121 STREETS SUPPLIES 76.79
TOTAL CHECK 11,335.85
144661 11111 01/20/22 391 US BANK PURCHASING CARD P 63213 WVCWP INTRNET NOV/DEC 550.28
144661 11111 01/20/22 391 US BANK PURCHASING CARD P 64311 WVCWP IT SERVICES 50.00
144661 11111 01/20/22 391 US BANK PURCHASING CARD P 66111 WVCWP MTG EXPENSES 564.98
144661 11111 01/20/22 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 716.37
144661 11111 01/20/22 391 US BANK PURCHASING CARD P 61119 WVCWP OUTREACH SUPPLS -25.11
TOTAL CHECK 1,856.52
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 ADMIN SERVICES 48.57
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 BUILDING & INSPECTION 153.04
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 141.52
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 IT SERVICES 147.92
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 PW PARKS 115.96
144662 11111 01/20/22 395 VERIZON WIRELESS 63212 PW STREETS 140.39
TOTAL CHECK 747.40
144663 11111 01/20/22 1524 VILLALOBOS & ASSOCIATES 81161 AC CURB PROJECT 2,250.00
144664 402 VISTA LANDSCAPE & MAINTEN VOID: MULTI STUB CHECK
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT ARROYO SARATOGA 150.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT BEAUCHAMPS 200.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT BELLGROVE 2,426.00
28
SUNGARD PUBLIC SECTOR PAGE NUMBER: 7
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT BONNET WAY 175.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT BONNIE WAY 115.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT CARNELIAN GLEN 100.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64548 OCT CIVIC CENTER 1,592.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 OCT CORP YARD 110.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT CUNNINGHAM/GLSGW 181.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 OCT EL QUITO PARK 455.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT FRANKLIN CT 110.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 OCT FRIENDSHIP PARK 140.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT FRUITVALE MEDIANS 700.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT GATEWAY 220.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT GREENBRIAR 400.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 OCT HISTORICAL PARK 265.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT HUME/PARK 75.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 81161 OCT HWY 9 FARWELL/VER 290.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT HWY 9/OAK ST 70.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 OCT KEVIN MORAN PARK 720.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT LEUTAR CT 100.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT MANOR DR 200.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64221 OCT PARKING DISTRICTS 380.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64557 OCT QUARRY PARK 140.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT REID/HERRIMAN MED 75.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT SAN PALO PARK 70.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT SARA VINEYARDS 150.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT SARA-SUNNYVALE RD 3,150.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT SARATOGA AVE 1,820.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 OCT SUNLAND 598.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 OCT THELMA AVE 75.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 SPRING BLOSSOM PLANTING 1,695.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC ARROYO SARATOGA 150.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC BEAUCHAMPS 200.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC BELLGROVE 2,426.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC BONNET WAY 175.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC BONNIE WAY 115.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC CARNELIAN GLEN 100.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64548 DEC CIVIC CENTER 1,592.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 DEC CORP YARD 110.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC CUNNINGHAM/GLSGW 181.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 DEC EL QUITO PARK 455.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC FRANKLIN CT 110.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 DEC FRIENDSHIP PARK 140.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC FRUITVALE MEDIANS 700.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC GATEWAY 220.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC GREENBRIAR 400.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 DEC HISTORICAL PARK 265.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC HUME/PARK 75.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 81161 DEC HWY 9 FARWELL/VER 290.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC HWY 9/OAK ST 70.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64541 DEC KEVIN MORAN PARK 720.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC LEUTAR CT 100.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC MANOR DR 200.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64221 DEC PARKING DISTRICTS 380.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64557 DEC QUARRY PARK 140.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC REID/HERRIMAN MED 75.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC SAN PALO PARK 70.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC SARA VINEYARDS 150.00
29
SUNGARD PUBLIC SECTOR PAGE NUMBER: 8
DATE: 01/20/2022 CITY OF SARATOGA VENCHK11
TIME: 15:28:01 CHECK REGISTER ACCOUNTING PERIOD: 7/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC SARA-SUNNYVALE RD 3,150.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC SARATOGA AVE 1,820.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64547 DEC SUNLAND 598.00
144665 11111 01/20/22 402 VISTA LANDSCAPE & MAINTEN 64543 DEC THELMA AVE 75.00
TOTAL CHECK 32,199.00
TOTAL FUND 1,195,389.17
TOTAL REPORT 1,195,389.17
30
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT: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.
BACKGROUND:
On October 20, 2021 the City Council adopted a Resolution that enabled the City Council and
all legislative bodies of the City to continue to meet remotely in accordance with AB 361.
Pursuant to AB 361, staff must bring this item back every 30 days for the City Council’s
reconsideration of the findings related to the declared stated of emergency and the recommended
social distancing measures.
Based on the following, it is recommended that the City Council and all legislative bodies of the
City continue to meet remotely:
The state of emergency as a result of COVID-19 continues to directly impact the ability of the
members of City Council and the members of the City’s Boards and Commissions to meet safely
in person; and
The State of California and the County of Santa Clara continue to impose or recommend
measures to promote social distancing.
ATTACHMENT:
Attachment A –Resolution 21-073 authorizing teleconferenced public meetings
31
32
33
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:Public Works Department
PREPARED BY:Emma Burkhalter, Associate Engineer
SUBJECT:Contract with H.T. Harvey & Associates to Provide Construction Support
for the Mt Eden Road Shoulder Stabilization Project in the Amount Not to
Exceed $91,790
RECOMMENDED ACTION:
1.Approve construction support contract with H.T. Harvey and Associates for the Mt. Eden
Road Shoulder Stabilization Project, in the amount of $83,445, and authorize the City
Manager to execute the same.
2.Authorize staff to execute change orders to the contract up to $8,345.
BACKGROUND:
In 2019, Cotton Shires and Associates (CSA) investigated a portion of Mt. Eden Road where it
had developed a slip out into Calabasas Creek, requiring bank stabilization and repair to ensure
the road is not damaged further. In order to construct the stabilization and repair solution
designed by CSA, H.T. Harvey and Associates prepared and submitted applications for permits
under Sections 404 and 401 of the Clean Water Act, as well as Section 1600 of the California
Fish and Game Code.
Now that the permits have been received, City Staff have requested the assistance of H.T.
Harvey and Associates to comply with the terms of the permits. This work includes
preconstruction surveys of at-risk wildlife, construction monitoring, as-needed species
relocation, daily site inspections, and on-going mitigation and monitoring for 5 years after
construction is complete.
City Staff received a proposal in the amount of $83,445 from H.T. Harvey and Associates to
provide these construction support services for the project.
It is therefore recommended that City Council approve the construction support contract with
H.T. Harvey & Associates and authorize staff to execute change orders to the contract up to
$8,345.
34
ATTACHMENTS:
Attachment A – Construction Support Contract
35
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H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
01/19/2022 06/30/2028
83,445.00
✔1
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Mt. Eden Road Stabilization Project - Construction Support
H.T. Harvey and Associates
Kelly Hardwicke
983 University Avenue, Building D
Los Gatos, CA 95032
1-408-458-3236
1-408-458-3210
khardwicke@harveyecology.com
BUS-010150
Public Works
Emma Burkhalter
13777 Fruitvale Avenue
Saratoga, CA 95070
1-408-868-1274
1-408-868-1274
eburkhalter@saratoga.ca.us
37
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Mt. Eden Road Stabilization Project - Construction
Support
38
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H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
✔1
39
983 University Avenue, Building D Los Gatos, CA 95032 408.458.3200 www.harveyecology.com
November 19, 2021
Emma Burkhalter
Engineering Division, Department of Public Works
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Mount Eden Road Stabilization Project – Proposal for Construction-related Biological
Compliance Assistance (HTH #10864)
Dear Emma Burkhalter:
H. T. Harvey & Associates is pleased to submit a proposal to assist the City of Saratoga (City) by providing
construction-related biological compliance assistance for the Mount Eden Road Stabilization Project located
approximately 0.3 mile west of the junction of Mount Eden Road and Pierce Road in Saratoga, Santa Clara
County, California. We understand that the City plans to conduct bank repair and placement of rock-slope
protection in a reach of Calabazas Creek that has eroded by high flows, and requires construction-related
biological compliance assistance during the construction of this repair.
As described in the detailed scope of proposed services attached, we propose to provide qualified biologists to
conduct the following tasks per requirements of the Biological Opinion (BO; 08ESMF00-2021-F-2522), Lake
or Streambed Alteration Agreement (LSAA; EPIMS-SCL-14103-R3), a Nationwide Permit (NWP)
authorization (Corps File No. 2021-00026), and a 401 Water Quality Certification (WQC; CIWQS Place ID
871447): prepare a relocation plan for California red-legged frogs (Rana draytonii); prepare and give a worker
education program; conduct a roosting bat habitat assessment; conduct preconstruction surveys for California
red-legged frogs, California giant salamanders (Dicamptodon enatus), Santa Cruz black salamanders (Aneides niger),
southwestern pond turtle (Actinemys pallida), nesting birds, roosting bats, and other special-status fish and
wildlife species as needed; provide project permitting assistance; and monitor compliance with mitigation and
monitoring requirements.
We also propose to provide a qualified biologist to be onsite during all activities that may result in take of the
California red-legged frog. This work includes monitoring the installation of a wildlife exclusion fence and
construction of a coffer dam or dewatering setup if water is present in the creek within the work area. We also
propose to provide a qualified biologist to conduct wildlife relocation from the project and daily inspections of
the wildlife exclusion fence, orange plastic fence, and project site conditions to insure that the project is in
compliance with the BO and LSAA.
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 1 of 10
Exhibit A-1
40
We propose to bill this work on a time and charges basis, not to exceed $83,445 based on the attached budget
spreadsheet and fee schedule. Please feel free to contact me at jwilkinson@harveyecology.com or (925) 303-
0290 if you have any questions regarding our proposal. Thank you very much for giving us the opportunity to
provide a proposal for this project.
Sincerely,
Jeffery A. Wilkinson, Ph.D.
Senior Wildlife Ecologist
Attachments: Scope, budget, and fee schedule
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 2 of 10
41
MOUNT EDEN ROAD STABILIZATION PROJECT
CONSTRUCTION-RELATED BIOLOGICAL COMPLIANCE ASSISTANCE
PROPOSED SCOPE OF SERVICES
Proposal #10864
November 19, 2021
H. T. Harvey & Associates is pleased to submit a proposal to assist the City of Saratoga (City) by providing
construction-related biological compliance assistance for the Mount Eden Road Stabilization Project located
approximately 0.3 mile west of the junction of Mount Eden Road and Pierce Road in Saratoga, Santa Clara
County, California. We understand that the City plans to conduct bank repair and placement of rock-slope
protection in a reach of Calabazas Creek that has eroded by high flows, and requires construction-related
biological compliance assistance during the construction of this repair. Our proposed tasks are based on
biological measures provided in the Biological Opinion (BO; 08ESMF00-2021-F-2522), Lake or Streambed
Alteration Agreement (LSAA; EPIMS-SCL-14103-R3), Nationwide Permit (NWP) authorization (Corps File
No. 2021-00026), and 401 Water Quality Certification (WQC; CIWQS Place ID 871447) for the project.
Incorporating the text from the biological measures in the BO, LSAA, NWP, and WQC, we have listed these
tasks below.
Task 1. Prepare a Request for Approval of Qualified Biologists and
Biological Monitors
Per Biological Measure 2.23 of the LSAA and Conservation Measure 3 of the BO, we will prepare a request to
the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) for
approval of our qualified biologists to conduct preconstruction surveys, construction monitoring, and project
site inspections as associated with special-status wildlife species for this project. This request will include the
resumes of our qualified biologists, who will be conducting the tasks below, outlining their experience with
these special-status wildlife species.
Task 2. Prepare a California Red-legged Frog Relocation Plan
Per Term and Condition 4 of the BO, we will prepare a California red-legged frog relocation plan to be
submitted to the USFWS for approval. This plan will describe the methodology that will be used for capturing,
handling, and relocating California red-legged frogs that may be encountered during pre-construction surveys,
construction monitoring, and construction activities.
Task 3. Conduct Worker Educational Training
Per Biological Measure 2.25 of the LSAA and Conservation Measure 6 of the BO, before any construction
activities begin, we will provide an agency-approved qualified biologist with supporting material that we will
prepare specifically for this project to conduct an educational training session for all construction personnel.
This training will be conducted on the first day of project related activity at the project site and as needed for
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 3 of 10
42
new personnel that arrive at the project site. At a minimum, the training will include a description of the site’s
habitat and potential presence of special-status species, including the California red-legged frog (Rana draytonii),
California giant salamander (Dicamptodon ensatus), Santa Cruz black salamander (Aneides niger), southwestern
pond turtle (Actinemys pallida), nesting birds, and roosting bats. This training will address their habitats, the
importance of the species, the project avoidance and minimization measures, and permit conditions that are
being issued by CDFW and USFWS.
Task 4. Roosting Bat Habitat Assessment
Per Biological Measure 2.27 of the LSAA, we will provide an agency-approved qualified biologist to assess
the presence of suitable bat roosting habitat by conducting a visual inspection of potential roosting features
and presence of guano within the Project area, access routes, and 50 feet around these areas at least 14 days
prior to start of work. The qualified biologist will then prepare a roosting bat assessment report that
documents the results of the assessment.
Task 5. Preconstruction Surveys for Nesting Birds
Per Biological Measure 2.28 of the LSAA, we will provide an agency-approved qualified biologist to conduct
two preconstruction surveys for active bird nests; with the first survey conducted within 14 days and the
second survey conducted within 48 hours prior to initiating construction. The survey w ill consist of the
biologist walking the entirety of the project area and adjacent areas (if accessible) at radii defined in the
measure, searching the project area including the adjacent areas for active nests of birds by looking for nests,
birds carrying materials or food, distraction displays, and other physical or behavioral evidence of nesting.
“Active nest” is defined as a nest with eggs or young. At the end of the survey, the qualified biologist will
prepare a survey report that documents the results of the survey. If an active nest is present, the qualified
biologist will consult with CDFW and the USFWS regarding the appropriate action to comply with the Fish
and Game Code of California, California Endangered Species Act (if applicable), and the federal Migratory
Bird Treaty Act as per biological measure 2.28 of the LSAA. Then, if acceptable to the CDFW and USFWS,
the qualified biologist will determine what appropriate buffer is required to avoid impacts to the nest, instruct
the erection of construction fencing to provide the appropriate buffer, work with the construction contractor
to minimize impacts, and monitor the nest throughout construction per Biological Measures 2.30 and 2.31 of
the LSAA.
Task 6. Preconstruction Surveys for Special-Status Fish and Wildlife
Species
Per Biological Measure 2.25 of the LSAA and Conservation Measure 4 of the BO, within 24 hours prior to
start of construction activities, we will provide an agency-approved qualified biologist to survey the Project
Work Area (construction area, staging area, and access route) for special-status fish and wildlife. If California
red-legged frogs of any life stage are found, the CDFW and USFWS will immediately be notified and
consulted. If other special-status wildlife species (i.e., California giant salamander, Santa Cruz black
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 4 of 10
43
salamander, or southwestern pond turtle) are found, the CDFW will immediately be notified and consulted.
If possible, the animals will not be handled and will instead be allowed to leave the site on their own. However
if relocation of a California red-legged frog is needed, the frog will be relocated only after consultation with
the USFWS following Biological Measure 2.33 of the LSAA and the California red-legged frog relocation plan
prepared in Task 2 above.
If a California giant salamander, Santa Cruz black salamander, or southwestern pond turtle is observed in the
Project Work Area and determined to not be able to leave on its own, the qualified biologist will relocate the
salamander or turtle to appropriate nearby suitable habitat a minimum of 250 feet outside of the Project
Work Area and out of harm’s way per Biological Measures 2.26 and 2.33 of the LSAA. If any wildlife species
is relocated from the Project Work Area, the qualified biologist will notify CDFW within 24 hours of
relocation. The qualified biologist will prepare a survey report and, if appropriate, a relocation report that
document the results of the surveys and any relocation effort per Biological Measure 3.5 of the LSAA, and
submit a California Natural Diversity Database (CNDDB) form per Biological Measure 3.6 of the LSAA.
Task 7. Construction Monitoring and Species Relocation
If water is present within the channel at the Project site prior to the start of construction activities, then after
the appropriate wildlife exclusion fence has been erected around the Project Work Area per Biological
Measure 2.32 of the LSAA, and a dewatering system has been installed (i.e., coffer dam and pipe or pumping
system to divert flow around the work area) per a CDFW -approved dewatering plan as described in
Construction Measure 2.7 of the LSAA, we will provide an agency-approved qualified biologist to oversee
the capture and relocation of any aquatic wildlife species found in the area being dewatered per Biological
Measure 2.35 of the LSAA. If any wildlife species is relocated from the work area, the qualified biologist will
notify CDFW within 24 hours of relocation. If any California red-legged frogs are relocated from the work
area, the qualified biologist will also notify the USFWS within 24 hours of relocation. At the end of the
relocation, the qualified biologist will prepare a relocation report that documents the results of the relocation
effort as per Reporting Measure 3.5 of the LSAA, and submit a CNDDB form per Biological Measure 3.6
of the LSAA.
Task 8. Daily Site Inspections
As per biological measures 2.32 of the LSAA, we will provide an agency-approved biological monitor or
qualified biologist to conduct an inspection of the project site, including the work area and access and staging
areas, prior to start of each day. The biological monitor or qualified biologist will check the work, access, and
staging area for any special -status species. The biological monitor or qualified biologist will also inspect the
wildlife exclusion fence for holes and gaps and inform the construction supervisor of the need to repair the
fence immediatel y as per biological measure 2.32 of the LSAA. If any special -status species are found, the
biological monitor or qualified biologist will contact the CDFW immediately and direct the construction
contractor to stop all work until the individual leaves the construction area on its own or until the biologist
removes the individual from the construction area as per Biological Measures 2.26 and 2.33 of the LSAA. If
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 5 of 10
44
a California red-legged frog(s) is detected on the site and does not move away from the construction area, the
qualified biologist will remove the frog from the construction site and relocate it to the nearby suitable aquatic
habitat per Biological Measure 2.33 of the LSAA and the California red -legged frog relocation plan prepared
in Task 2 above. The biologist will then contact the CDFW and the USFWS within 24 hours to report the
observation and relocation (if required) and whether any frogs were killed or injured. If any special -status
species is observed and/or relocated, we will record the observation on a CNDDB form and submit the form
to CNDDB within five days of the observation and/or relocation, and provide copies of the forms to CDFW
Region 3 per reporting measure 3.5 of the LSAA.
Task 9. Project Permitting Assistance
H. T. Harvey & Associates proposes to provide additional permitting compliance services to the City of
Saratoga for the project by documenting the city’s compliance with the conditions of the permits it has received
to date from CDFW, USACE, and RWQCB. We propose to provide qualified permitting specialists to prepare
the documentation to satisfy conditions laid in each of these permits. The tasks proposed, and the estimated
budgets for those tasks, are based on the conditions of the LSAA, NWP, and WQC and are described in the
following three subtasks.
Subtask 9a: Submit a Commencement of Construction Report
To comply with Condition 1.5 of the LSAA and 11 of the WQC, H. T. Harvey & Associates will submit a
Commencement of Construction Report acceptable to RWQCB and CDFW. The Commencement of
Construction Report will be submitted no later than five working days prior to start of initial ground disturbance
activities and notify the CDFW and the Water Board at least 48 hours prior to initiating in-water work and any
stream diversions. Notification may be via telephone, email, delivered written notice, or other verifiable means.
Subtask 9b: Establishment of Photo-documentation Points and Work Area Delineation
To comply with Condition 2.6 of the LSAA and 12 of the WQC, H. T. Harvey & Associates shall establish a
minimum of three photo-documentation points along the Creek on either sides of the bank stabilization
location prior to the start of construction. These photo-documentation points shall include views immediately
upstream and downstream of the riprap, as well as a full view of the added rock slope protection and willows.
The photo-documentation points shall be used to track the post -construction condition of the Project reach
and the successful enhancement of the riparian canopy. We will prepare a site map with the photo-
documentation points clearly marked. The photographs will be used to track the Project’s construction impacts
and site restoration. These post-construction photographs and map shall be submitted, along with the as-built
and construction completion reports (see subtask 9c). In addition, to comply with Condition 2.6 of the LSAA,
prior to onset of construction we will delineate the work area by placing flagging around the construction
corridor within the stream, riparian, and wetland areas. Flagging shall be removed and appropriately disposed
of within five calendar days of the completion of construction work.
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 6 of 10
45
Subtask 9c: Complete and Submit an As-built and Construction Completion Report
H. T. Harvey & Associates will prepare an as-built and construction completion report that satisfies the
requirements laid out in the LSAA Conditions 3.1 and 3.2, WQC Conditions 13 through 15, and the NWP
Condition 1. To satisfy the requirement of the NWP, the report shall be submitted to the Water Board and
USACE no later than 45 days after completing Project construction activities, including revegetation. The
report shall include a description of the areas of actual disturbance during Project construction and the
photographs and map specified in Subtask 9b. The report shall clearly identify and illustrate the Project site,
the locations of permanent impacts, and the restoration activities. The as-built report shall include the 100
percent construction plans marked with the contractor’s field notes that clearly depict any deviations made
from the designs reviewed by the Water Board. The report shall also include Place ID 871447, and the date
construction was completed. The report will be submitted to the Water Board and USACE as per the
requirements specified in their permits. This sub-task also includes time to submit an Annual Project Status
Report (per WQC Condition 15) to the Water Board by January 31 of each year, if the project extends beyond
one year’s time.
Task 10: Mitigation and Monitoring Requirements
This task includes time to finalize and seek agency approval of the Mitigation and Monitoring Plan prior to
construction and five years of monitoring to fulfill the requirements of the MMP and demonstrate and report
to the permitting agencies that successful restoration has occurred and the temporary impact area has met all
required criteria. A qualified plant or restoration ecologist will visit the site each year and take data on bank
stabilization and vegetation parameters as prescribed by the MMP. We will then prepare a monitoring report
summarizing the current year’s data, recommended actions (if any) and a comparison to prior year’s monitoring
data. We assume this report will go through one round of review and comment by the team prior to submittal
to the permitting agencies.
Limitations/Assumptions:
•We have budgeted for preconstruction surveys, aquatic fish and wildlife relocation, and daily site
inspections under the assumption that construction activities will start after June 15, 2022 and last for
two weeks (10 working days). If construction activities requiring daily site inspections to extend
beyond 10 days , we will be happy to provide daily site inspections on a time-and-charges basis, if
requested by the City.
•To be mindful of the budget, we will only conduct tasks as required for the Project to be in compliance
with the BO, the WQC and LSAA. In this respect, Task 7 will not be conducted if water is not present
at the Project site and dewatering of the work area is not conducted.
•Attendance at meetings is not anticipated. The H. T. Harvey & Associates project manager will
participate in any project meetings on a time-and-charges basis, if requested by the City.
•No permitting or coordination with resource agency staff (except in the case of determining buffers,
and observations and possible relocations of special -status species) is included in this scope.
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 7 of 10
46
•Our scope of work reflects several of the conservation and biological measures in the BO, LSAA,
NWP, and WQC for the project. We have not included tasks that may be required if additional
measures by CDFW or USFWS are required (e.g., additional measures for roosting bats if the roosting
bat habitat assessment determines possible presence of roosting bats). We would be happy to provide
a scope and cost estimate to add any additional tasks to our scope of work, if requested by the City.
•We have not provided a scope to provide turbidity monitoring as required by Construction Measure
2.9 of the LSAA and assume this task (if needed) will not be conducted by H. T. Harvey & Associates.
•The City of Saratoga will provide all agency-required documentation pertaining to construction
status, including, but not limited to, a construction schedule, revegetation schedule, and final as-built
plans.
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 8 of 10
47
Project Name: Mount Eden Road Stabilization Project Construction-related Biological Compliance Assistance
Proposal Number: 10864
Date: November 19, 2021
Staff Time Estimates
Personnel Hours by Task
Steve RottenbornPrincipal, Wildlife EcologyKelly HardwickePrincipal, Plant EcologyJeff WilkinsonSenior HerpetologistMark BibboAssociate Plant EcologistKim BrionesSenior Wildlife EcologistCraig FosdickWildlife EcologistSteve CarpenterWildlife EcologistRyan HegstadRestoration EcologistGavin ArchbaldSenior Restoration EcologistGIS AnalystTechnical Support135$ 103$
1. Qualified Biologists and Biological Monitors 0.5 1,717$ 1,717$ -$ 1,717$
2. California Red-legged Frog Relocation Plan 1 0.5 2,202$ 2,202$ 11$ 2,213$
3. Worker Educational Training 1 1,569$ 1,569$ -$ 1,569$
4. Roosting Bat Habitat Assessment 1 1,662$ 1,662$ 21$ 1,682$
5. Preconstruction Surveys for Nesting Birds 1 3,306$ 3,306$ 31$ 3,337$
6. Preconstruction Surveys for Special-Status Species 1 1,601$ 1,601$ 21$ 1,621$
7. Construction Monitoring and Species Relocation 2 2,758$ 2,758$ 32$ 2,789$
8. Daily Site Inspections 4 2 9,406$ 9,406$ 143$ 9,549$
9. Project Permitting Assistance -$ -$ -$ -$ Subtask 9a: Submit a Commencement of Construction
Report 2 1 1,889$ 1,889$ 22$ 1,911$
Subtask 9b: Establishment of Photo-documentation
Points and Work Area Delineation 2 1 3,423$ 3,423$ 42$ 3,465$ Subtask 9c: Complete and Submit an As-built and
Construction Completion Report 4 1 5,162$ 5,162$ 44$ 5,206$
10: Mitigation and Monitoring Requirements -$ -$ -$ -$ Subtask 10.1 Year 1 MMP Monitoring and Reporting
(with escalating rates at 4% per year)4 2 8,884$ 8,884$ 54$ 8,938$
Subtask 10.2 Year 2 MMP Monitoring and Reporting
(with escalating rates at 4% per year)4 2 8,884$ 9,239$ 54$ 9,293$ Subtask 10.3 Year 3 MMP Monitoring and Reporting
(with escalating rates at 4% per year)4 2 8,884$ 9,609$ 54$ 9,663$
Subtask 10.4 Year 4 MMP Monitoring and Reporting
(with escalating rates at 4% per year)4 2 8,884$ 9,993$ 54$ 10,047$ Subtask 10.5 Year 5 MMP Monitoring and Reporting
(with escalating rates at 4% per year)4 2 8,884$ 10,393$ 54$ 10,447$
Total Labor Hours 38 17 Total Costs $635 Total CostTOTAL COST 5,130$ 1,751$ $79,112 $82,811 $635 $83,445
Billing rates are subject to annual increases and will be adjusted at the beginning of each calendar year.
1 141
4 12
8
1
620.5
6
0.5 4
0.5
8
8
8
HTH Cost by
Task
Total Project
CostHTH Direct Expenses(incl. 10% mark-up)Labor with 4% Annual Escalation32
29,568$ 176 408,600$
8
32
32
32
32
8
8
2,184$ 9,324$ 13 631,358$ 31 77,525$
11
2
2
2
2
2
35 7,347$ 2,065$
2
2
2
2
2
2
1574,260$
1
60.5 1
1
2
10
40210
2 4
8
295$ 284$ 215$ 237$
1 6
Task 215$ 194$ 168$ 148$ 168$
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 9 of 10
48
Professional Fees
Fees Effective January 1, 2022
Personnel Classification Hourly Billing Rate
Principal $ 284–324
Senior Associate Ecologist $ 255
Associate Ecologist $ 237
Senior Ecologist 2 $ 215
Senior Ecologist 1 $ 194
Ecologist 2 $ 168
Ecologist 1 $ 148
Field Biologist 2 $ 129
Field Biologist 1 $ 107
Senior GIS Analyst $ 159
GIS Analyst $ 135
Technical Editor $ 129
Technical Support $ 103
Clerical Support $ 85
Deposition and Testimony Two times standard rate
Subcontractual Consultants Cost plus 10%
Direct Expenses Cost plus 10%
Transportation Current IRS Federal
Standard Mileage Rate
(56¢ / mile as of January 2021)
Travel (Cost plus 10%) ~ $319/day (based on
federal per diem rate)
Field Equipment Operation Variable
Billing rates are subject to annual increases and will be adjusted at the beginning
of each calendar year.
Contractor: H.T. Harvey and Associates Project Name: Mt. Eden Road Stabilization Project - Construction Support
Exhibit A-1 Page 10 of 10
49
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H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
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Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQVXOWDQW
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Mt. Eden Road Stabilization Project - Construction Support
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Mt. Eden Road Stabilization Project - Construction Support
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Mt. Eden Road Stabilization Project - Construction Support
56
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8. CONFLICT OF INTEREST.
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Mt. Eden Road Stabilization Project - Construction Support
57
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10. WORK PRODUCT AND RECORDS
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Mt. Eden Road Stabilization Project - Construction Support
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H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
60
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Mt. Eden Road Stabilization Project - Construction Support
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Mt. Eden Road Stabilization Project - Construction Support
62
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H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
63
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5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW( 3DJHRI
City of Saratoga Services Contract
Exhibit E – Special Requirements
$1'256HH([KLELW V (LQFRUSRUDWHGE\WKLVUHIHUHQFH
-End of Exhibit E-
H.T. Harvey and Associates
Mt. Eden Road Stabilization Project - Construction Support
Item #6 of 'Exhibit B - Insurance' to this contract is hereby replaced in its entirety with the text as follows;
6. Claims Made Policies. If any of the required policies provide claims made coverage, the coverage shall be
maintained for a period of three years after completion of the contract. Consultant may satisfy this requirement
by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year
period.
64
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Ordinance Relating to Electronic and Paperless Filing of Fair Political
Practices Commission Campaign Disclosure Statements
RECOMMENDED ACTION:
1.Conduct the Public Hearing
2.Introduce and waive the first reading of an ordinance adding Article 2-55 to the Saratoga
Municipal Code relating to electronic and paperless filing of Fair Political Practices
Commission Campaign Disclosure Statements
3.Direct staff to place the Ordinance on the Consent Calendar of the next regular meeting of
the City Council for adoption.
BACKGROUND:
Since the enactment of the Political Reform Act, candidates and committees have complied with
election-related filing requirements by filing paper copies of campaign statements and reports. The
City is currently in the process of deploying an online system for filing campaign disclosures,
similar to the City’s Form 700 filings. To make this transition, California Government Code
section 84615 requires adoption of the attached ordinance that requires an elected officer,
candidate, committee, or other person required to file statements, reports, or other documents
required by Chapter 4 of the Political Reform Act to file such statements, reports or other
documents online or electronically with the City Clerk.
Adoption of this ordinance provides that in any instance in which the original statement is required
to be filed with the Secretary of State and a copy of that statement is required to be filed with the
local government agency, the filer shall file the copy online or electronically.
Adoption of this ordinance does not change filing requirements, it allows the City to move forward
with electronic filing.
The elimination of manual processing of filings through electronic filing requirements will
conserve resources, streamline a manual process and ensure the public has access to the
information disclosed on various required forms.Additionally, the change to electronic filing helps
ensure compliance with recently adopted State laws. AB 2151 signed by Governor Newsom in
65
2020 adds Section 84616 to the Government Code and requires local government agencies, within
72 hours of each filing deadline, to post on their websites “a copy of any statement, report or other
document required by Chapter 4 (commencing with Section 84100) that is filed with that agency
in paper format.” If the final day of the 72-hours falls on a weekend or holiday, an extension is
given until the next day that is not a weekend or holiday.
Government Code states certain information must be redacted before the forms can be placed
online. Continued filing of paper documents will require staff to manually redact that information
prior to placing the forms on the City’s website. When a filer uses the online submission, the
system automatically redacts the information. The electronic/online process will eliminate the
potential for human error when staff manually redacts the information.
ATTACHMENT:
Attachment A – Electronic Campaign Filing Ordinance
66
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ADDING ARTICLE 2-55 TO THE SARATOGA MUNICIPAL
CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF
FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN
DISCLOSURE STATEMENTS
WHEREAS, public access to campaign disclosure information is an integral component
of a fully informed electorate, and transparency is critical in order to maintain public trust
and support of the political process; and
WHEREAS, since the enactment of the Political Reform Act, candidates and
committees have complied with filing requirements by filing paper copies of campaign
statements and reports; and
WHEREAS, the City Clerk of the City of Saratoga (“City Clerk”) is the Local Filing
Officer for the Fair Political Practices Commission disclosure statements and is responsible for
receiving, reviewing, and making available campaign disclosure statements; and
WHEREAS, the elimination of manual processing of filings through electronic filing
requirements will conserve resources and ensure the public has access to the information
disclosed in campaign statements; and
WHEREAS, AB 2151 signed by Governor Newsom adds Section 84616 to the
Government Code and requires local government agencies to post on its website “a copy of any
statement, report or other document required by Chapter 4 (commencing with Section 84100) that
is filed with that agency in paper format”; and
WHEREAS, the City Clerk has identified a web-based system that will allow
electronic filing in compliance with California Government Code section 84615 and has been
approved by the Secretary of State for the electronic filing of campaign disclosure statements;
and
WHEREAS, the City Council of the City of Saratoga (“City Council”) finds and
determines as follows:
A. That California Government Code section 84615 provides that a legislative body
of a local government agency may adopt an ordinance that requires an elected officer,
candidate, committee, or other person required to file statements, reports, or other documents
required by Chapter 4 of the Political Reform Act to file such statements, reports or other
documents online or electronically with the City Clerk; and
B. In any instance in which the original statement is required to be filed with the
Secretary of State and a copy of that statement is required to be filed with the local government
agency, the filer may file the copy online or electronically, but is not required to do so; and
67
Ordinance No.
Page 2
C. The City Council expressly finds and determines that the City Clerk’s web-based
system has been approved by the Secretary of State for the electronic filing of campaign
disclosure statements, and that the software contains multiple safeguards to protect the integrity
and security of the data, will operate securely and effectively, and will not unduly burden filers;
and
D. The City Clerk will operate the electronic filing system in compliance with the
requirements of California Government Code section 84615, as may be amended from time to
time and any other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
68
Ordinance No.
Page 3
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 2nd day of February 2022 and was
adopted by the following vote on _________, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Tina Walia
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
_____________________________ DATE: ________________________
Richard Taylor
CITY ATTORNEY
69
Ordinance No.
Page 4
EXHIBIT A
Article 2-55 - Campaign Disclosure Statements, Electronic Filing.
2-55.010 - General.
(a) Any elected officer, candidate, committee, or other person required to file statements,
reports or other documents (a “Statement”) under Chapter 4 of the Political Reform
Act (California Government Code section 84100, et seq.) shall file such Statement(s)
using the online filing system established by the City Clerk. This requirement
shall not apply to an elected officer candidate, committee or other person who receives
contributions totaling less than $2,000, and makes expenditures totaling less than $2,000
in a calendar year.
(b) Any person holding a position listed in Government Code Section 87200 or designated
by the City’s conflict of interest code shall file any required Statement of Economic
Interest reports online or electronically using the system established by the City Clerk.
(c) The City Clerk is authorized to establish, administer, and update the online system
referenced above in a manner consistent with the requirements set forth in
Government Code Section 84615 and all other applicable laws.
(d) Online filings made under this Article will only be accepted if made in the
standardized record format that is developed by the California Secretary of State
pursuant to Government Code Section 84602(a)(2).
(e) In any instance in which an original Statement must be filed with the California
Secretary of State and a copy of that Statement is required to be filed with the City
Clerk, the filer may, but is not required to, file the copy electronically .
2-55.020 Procedures for Utilizing Online Filing.
(a) Any elected officer, candidate, or committee who has electronically filed a Statement
using the City Clerk’s online system is not required to file a copy of that document
in paper format with the City Clerk.
(b) If the City Clerk’s online system is not capable of accepting a Statement, an elected
officer, candidate, or committee shall file that Statement in paper format with the City
Clerk.
(c) The online filing system shall enable electronic filers to complete and submit filings free
of charge.
1454612.2
70
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Automated License Plate Reader Pilot Program
RECOMMENDED ACTION:
Allocate $20,000 from the City Council discretionary fund for a 7-camera system; approve the
resolution establishing the City of Saratoga Automated License Plate Reader Policy; authorize the
City Manager to execute a memorandum of understanding between the County of Santa Clara and
City of Saratoga regarding use of ALPRs; and, direct staff to implement the pilot, including
community outreach,and provide the City Council with a report on the ALPR system 1 year after
installation.
BACKGROUND:
On October 20, 2021, the City Council directed staff to return to a future meeting with a framework
to initiate a 1-year Automated License Plate Reader (ALPR) pilot program with a minimum of 5
cameras in partnership with Flock Safety.ALPR systems capture images of vehicle license plates
and then compare license plate numbers against law enforcement databases to provide alerts to
law enforcement when a plate matches a listing on a database.
Flock operates its systems under a unique all-inclusive lease model that includes setup, software,
training, and maintenance, which greatly reduces initial costs, makes the system flexible and easy
to scale, and requires no maintenance by jurisdictions. Additionally,
Flock deploys cameras that use cellular data and solar power, further
reducing upfront costs. Another unique feature is the ability to receive
data from ALPR Flock cameras on private property if enabled by the
operator of the camera. Several nearby cities have deployed ALPR
systems recently in partnership with Flock Safety, including the
Town of Los Altos Hills and the Town of Los Gatos.
Staff is recommending an allocation of $20,000 for the 1-year pilot
program. This covers setup expenses of $250 per camera, the annual
lease expense of $2,500 per camera, and any contingencies associated
with start of the pilot program. This would also cover costs associated
with signage if the City Council would like to direct staff to install
71
signage at each camera location to alert the public to the use of ALPR. Funding is available in the
City Council discretionary fund for the pilot program.
After consultation with the Sheriff’s Office and Flock Safety, staff is proposing 7 cameras to be
placed in the locations identified below for the 1-year pilot. The proposed locations serve as entry
points to the City on arterial roads with available sun exposure to power ALPR units. Additionally,
locations have been limited to City roads so that cameras can be quickly installed without an
encroachment permit from another agency. Another factor for location selection was driving
behavior commonly observed by the Sheriff’s Office. While the proposed camera locations do not
provide full coverage of the entire City, it is expected they will produce enough data to allow the
City Council to assess the effectiveness of the ALPR pilot once concluded.
Proposed Camera Locations:
1. Saratoga-Sunnyvale Road at Prospect Road
(capturing southbound traffic)
2. Saratoga Avenue at Kosich Drive
(capturing southwest bound traffic)
3. Saratoga Avenue at State Route 85
(capturing northeast bound traffic)
4. Saratoga Avenue at State Route 85
(capturing southwest bound traffic)
5. Quito Road at Pollard Road (capturing
southbound traffic)
6. Fruitvale Avenue at State Route 9
(capturing northeast bound traffic)
7. Saratoga-Sunnyvale Road at Big Basin Way
(capturing northbound traffic)
All jurisdictions with an ALPR system are required to adopt a usage and privacy policy under State
law. This policy is intended to limit access and abuse of ALPR data by identifying who will have
access to data, how the ALPR system will be monitored, parameters for sharing ALPR data,
measures that will be taken to protect accuracy of ALPR data, and retention of ALPR data.
Approval of the resolution establishing the City’s Automated License Plate Ready Policy is
required to proceed with the pilot program.
Additionally, a memorandum of understanding (MOU) between the County of Santa Clara and
City ofSaratoga to outline expectations for the use of the City’s ALPR system is required to enable
real time notifications when ALPR hits occur. Staff recommends that the City Council authorize
the City Manager to execute the MOU to initiate the ALPR pilot. Once executed, the MOU will
be placed on a future County Board of Supervisors agenda for consideration. The County is
finalizing the MOU; it is expected to be similar to the County MOU with Los Altos Hills, a copy
of which is attached. If the Saratoga MOU differs in any significant way staff will return to the
City Council before signing.
With necessary approvals from the City Council and County Board of Supervisors, staff can then
work with Flock to install the ALPR cameras. As part of the implementation, staff recommends
community outreach to let residents know about the pilot and encourage private parties with a
Flock ALPR to share data with the City’s system.
72
Staff has recommended that the City Council provide direction to receive a report on the outcomes
of the pilot 1 year after camera installation. At that time, Council can assess effectiveness of the
cameras and provide direction on their continued use or expansion.
ATTACHMENTS:
Attachment A – Resolution Establishing City of Saratoga Automated License Plate Reader Policy
Attachment B – Memorandum of Understanding on Use of ALPR System
Attachment C – Information about Flock Safety ALPR System
73
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Automated License Plate Reader Pilot Program
RECOMMENDED ACTION:
Allocate $20,000 from the City Council discretionary fund for a 7-camera system; approve the
resolution establishing the City of Saratoga Automated License Plate Reader Policy; authorize the
City Manager to execute a memorandum of understanding between the County of Santa Clara and
City of Saratoga regarding use of ALPRs; and, direct staff to implement the pilot, including
community outreach,and provide the City Council with a report on the ALPR system 1 year after
installation.
BACKGROUND:
On October 20, 2021, the City Council directed staff to return to a future meeting with a framework
to initiate a 1-year Automated License Plate Reader (ALPR) pilot program with a minimum of 5
cameras in partnership with Flock Safety.ALPR systems capture images of vehicle license plates
and then compare license plate numbers against law enforcement databases to provide alerts to
law enforcement when a plate matches a listing on a database.
Flock operates its systems under a unique all-inclusive lease model that includes setup, software,
training, and maintenance, which greatly reduces initial costs, makes the system flexible and easy
to scale, and requires no maintenance by jurisdictions. Additionally,
Flock deploys cameras that use cellular data and solar power, further
reducing upfront costs. Another unique feature is the ability to receive
data from ALPR Flock cameras on private property if enabled by the
operator of the camera. Several nearby cities have deployed ALPR
systems recently in partnership with Flock Safety, including the
Town of Los Altos Hills and the Town of Los Gatos.
Staff is recommending an allocation of $20,000 for the 1-year pilot
program. This covers setup expenses of $250 per camera, the annual
lease expense of $2,500 per camera, and any contingencies associated
with start of the pilot program. This would also cover costs associated
with signage if the City Council would like to direct staff to install
74
signage at each camera location to alert the public to the use of ALPR. Funding is available in the
City Council discretionary fund for the pilot program.
After consultation with the Sheriff’s Office and Flock Safety, staff is proposing 7 cameras to be
placed in the locations identified below for the 1-year pilot. The proposed locations serve as entry
points to the City on arterial roads with available sun exposure to power ALPR units. Additionally,
locations have been limited to City roads so that cameras can be quickly installed without an
encroachment permit from another agency. Another factor for location selection was driving
behavior commonly observed by the Sheriff’s Office. While the proposed camera locations do not
provide full coverage of the entire City, it is expected they will produce enough data to allow the
City Council to assess the effectiveness of the ALPR pilot once concluded.
Proposed Camera Locations:
1. Saratoga-Sunnyvale Road at Prospect Road
(capturing southbound traffic)
2. Saratoga Avenue at Kosich Drive
(capturing southwest bound traffic)
3. Saratoga Avenue at State Route 85
(capturing northeast bound traffic)
4. Saratoga Avenue at State Route 85
(capturing southwest bound traffic)
5. Quito Road at Pollard Road (capturing
southbound traffic)
6. Fruitvale Avenue at State Route 9
(capturing northbound traffic)
7. Saratoga-Sunnyvale Road at Big Basin Way
(capturing northbound traffic)
All jurisdictions with an ALPR system are required to adopt a usage and privacy policy under State
law. This policy is intended to limit access and abuse of ALPR data by identifying who will have
access to data, how the ALPR system will be monitored, parameters for sharing ALPR data,
measures that will be taken to protect accuracy of ALPR data, and retention of ALPR data.
Approval of the resolution establishing the City’s Automated License Plate Ready Policy is
required to proceed with the pilot program.
Additionally, a memorandum of understanding (MOU) between the County of Santa Clara and
City ofSaratoga to outline expectations for the use of the City’s ALPR system is required to enable
real time notifications when ALPR hits occur. Staff recommends that the City Council authorize
the City Manager to execute the MOU to initiate the ALPR pilot. Once executed, the MOU will
be placed on a future County Board of Supervisors agenda for consideration. The County is
finalizing the MOU; it is expected to be similar to the County MOU with Los Altos Hills, a copy
of which is attached. If the Saratoga MOU differs in any significant way staff will return to the
City Council before signing.
With necessary approvals from the City Council and County Board of Supervisors, staff can then
work with Flock to install the ALPR cameras. As part of the implementation, staff recommends
community outreach to let residents know about the pilot and encourage private parties with a
Flock ALPR to share data with the City’s system.
75
Staff has recommended that the City Council provide direction to receive a report on the outcomes
of the pilot 1 year after camera installation. At that time, Council can assess effectiveness of the
cameras and provide direction on their continued use or expansion.
ATTACHMENTS:
Attachment A – Resolution Establishing City of Saratoga Automated License Plate Reader Policy
Attachment B – Memorandum of Understanding on Use of ALPR System
Attachment C – Information about Flock Safety ALPR System
REVISIONS & UPDATES:
Staff report revised on January 27, 2022 to correct direction of camera 7 on Fruitvale
Avenue at State Route 9 from northeast bound to northbound.
76
RESOLUTION NO. 22-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA ESTABLISHING A POLICY
FOR AUTOMATED LICENSE PLATE READERS
WHEREAS, Automated License Plate Reader (ALPR) cameras are used by police
departments across the United States to instantly capture license plate information and compare it
against lists of license plates associated with stolen vehicles, people who have committed a crime,
and for other investigative purposes; and
WHEREAS, many organizations that have used ALPR technology have found it to be an
effective tool in fighting crime; and
WHEREAS, California Civil Code Section 1798.90.5 requires that public agencies with
ALPRs adopt and implement a usage and privacy policy that identifies the individuals who will
have access to the ALPR data, describes how the ALPR system will be monitored, lists parameters
for sharing of ALPR data, describes measures that will be taken to protect the accuracy of ALPR
data, and specifies the retention period for ALPR data.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
adopts the attached Automated License Plate Reader Policy for the use of ALPR cameras in the
City of Saratoga.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2nd day of February 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tina Walia, Mayor
ATTEST:
DATE:
Britt Avrit, MMC, City Clerk
77
City of Saratoga Automated License Plate Reader Policy
Adopted February 2, 2022 via Resolution 22-__
Page 1
CITY OF SARATOGA AUTOMATED LICENSE PLATE READER POLICY
Adopted February 2, 2022 via Resolution 22-__
I.Purpose
The City of Saratoga (“City”) leases an Automated License Plate Reader (ALPR) system
within the City operated by the Santa Clara County Sheriff’s Office (“Sheriff’s Office”) for
certain law enforcement and public safety purposes. ALPR systems use high speed cameras
to photograph vehicle license plates. The City intends to contractwith vendors for installation
and maintenance of the ALPR system. The City ALPR system may also obtain data from
ALPR cameras not owned or leased by the City. This policy applies to data held within the
City’s ALPR system but does not apply to data held independently by the owners or lessors
of ALPR cameras not owned or leased by the City. The City ALPR system is intended only
to be used for authorized law enforcement and public safety purposes and its data are only
intended to be access by authorized users.
California Civil Code section 1798.90.5 requires public agencies operating ALPR systems
to adopt and implement a usage and privacy policy in order to ensure that the collection, use,
maintenance, sharing, and dissemination of information collected pursuant to such system
protects individual privacy and civil liberties. Consistent with the City’s commitment to
individual privacy and civil liberties and the State law mandate, the City has adopted this
policy to regulate the use, management, retention, and other aspects of the City’s ALPR
system. This policy shall be made available to the public in writing and posted on the City
website.
II.Authorized and Prohibited Uses
The City ALPR system shall only be utilized for the following purposes:
To locate stolen, wanted, and/or other vehicles that are the subject of an investigation
To locate and/or apprehend individuals subject to arrest warrants or who are otherwise
lawfully sought by law enforcement
To locate victims, witnesses, suspects, and others associated with a law enforcement
investigation
To locate missing persons, including in response to Amber Alerts and Silver Alerts
To support local, State, Federal, and regional public safety departments in the
identification of vehicles associated with targets of criminal investigations, including
investigations of serial crimes
To protect participants at special events; and
To protect critical infrastructure sites.
Any data obtained from the City ALPR system shall be used and handled pursuant to this
policy and applicable State and Federal law. All other uses not referenced above are
prohibited. The ALPR system shall under no circumstances be used for personal or
commercial purposes or any other purposes not specifically authorized above. Access to the
78
City of Saratoga Automated License Plate Reader Policy
Adopted February 2, 2022 via Resolution 22-__
Page 2
ALPR system does not negate the need to comply with other laws or regulations including
the requirement to obtain a search warrant when legally required. The City shall at no time
maintain an account for the ALPR system that allows the City to access the data collected or
stored by the ALPR system.
III.Data Collection
Digital images of vehicle license plates and their associated license plate numbers shall be
collected by the City ALPR system. The ALPR system shall collect the date and time that
the license plate passes a digital-image site where an ALPR is located together with a
captured vehicle’s geographical location and vehicle details (make, model, type, and color).
Live video, vehicle speeds, and audio shall not be provided or recorded. The ALPR system
shall be designed, to the extent practicable, to blur images of individuals that may be
inadvertently collected by the system.
IV.Data Access, Storage, and Protection
The City’s ALPR system may only be used by, and data collected thereunder shall be
accessible only by, personnel of the Sheriff’s Office pursuant to a contract providing law
enforcement services to the City. The City’s ALPR system shall be accessible only through
a login and password protected system capable of documenting individual user access by
name, date, and time.
In addition to this policy, Sheriff’s Office personnel shall observe and comply with the
Sheriff’s Office Surveillance Use Policy and any additional guidelines and regulations that
are in place governing ALPR use and access. Prior to City’s grant of use and access, the
Sheriff’s Office shall execute an agreement with the City and/or the City’s contracted ALPR
vendor(s), to the satisfaction of the City Attorney, agreeing to comply with this policy.
Contracts with vendors for the operation, maintenance, and repair of the ALPR system shall
provide that the vendor is not authorized to access data collected by the ALPR system under
any circumstances. Such vendors shall only be tasked with the operation, inspection,
troubleshooting, and maintenance of the system hardware and software, associated cloud
storage mechanisms and servers, as necessary.
Data collected by the City ALPR system is automatically uploaded to the ALPR system’s
associated cloud storage at the time of capture. Cloud storage and server capacity shall be
provided for and maintained by the City’s contracted ALPR vendor as part of the scope of
services. The City shall confirm that the contracted vendor installs and implements
appropriate security measures for such storage including encryption, firewalls,
authentication, and other reasonable data protection measures.
Data stored in the City ALPR system cloud space shall not be downloaded to a local server,
stored locally on a hard drive or portable device, or provided in a physical printout, except
in the following cases:
79
City of Saratoga Automated License Plate Reader Policy
Adopted February 2, 2022 via Resolution 22-__
Page 3
Where vehicle license plate image and numbers have been identified by the ALPR
system as a match to a law enforcement registry
Where data retrieval is necessary for conducting or assisting with a criminal
investigation, or to facilitate an authorized use identified in Section II above
Only personnel from the Sheriff’s Office working in an investigative or enforcement function
may download ALPR data for local storage or printout (collectively, “Local Data”) for
authorized purposes stated herein. Data from the City ALPR system may not otherwise be
downloaded for any other purpose, whether by Sheriff’s Office authorized personnel or by
City staff or other individuals or entities.
Local Data shall be maintained in accordance with applicable State and Federal evidentiary
laws and in accordance with appropriate chain of custody practices. Additionally, the
Sheriff’s Office shall implement physical security, encryption, firewalls, authentication, and
other reasonable security measures to protect Local Datathat it has retrieved from the system.
Local Data shall be accessible only through a login and password protected system capable
of documenting individual user access by name, date, and time.
V.Data Retention
Data stored in the ALPR cloud system shall be purged after thirty (30) days from the date it
was uploaded to the cloud system unless downloaded or stored pursuant to Section IV above.
Data that is downloaded or stored pursuant to Section IV above shall be purged no later than
six (6) months from the date it was downloaded for local storage, unless the data thereafter
becomes associated with a criminal investigation or an ongoing case for an authorized
purpose identified in Section II above. In the latter case, the data shall be retained for the
duration of the criminal investigation and the criminal proceedings through adjudication of
the case in the same manner as other evidence in the matter, unless otherwise ordered by the
court to be retained for a longer period or permanently.
VI.Public Access
Data from the City ALPR system shall not be sold, shared, or transferred except as
specifically authorized by this policy. Data from the City ALPR system shall not be made
public, unless specifically required by State of federal law, or by court order. If a public
request for data is received, the Sheriff’s Office shall consult with the Santa Clara County
Counsel’s Office to determine whether the requested data is exempt from disclosure pursuant
to the California Public Records Act or other State of Federal law provisions, and whether
any additional steps are required in response to such a request for data.
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City of Saratoga Automated License Plate Reader Policy
Adopted February 2, 2022 via Resolution 22-__
Page 4
VII.Third-Party Data Sharing
Data-sharing from the City’s ALPR system shall be limited to only the following:
District Attorney’s Office for use as evidence to aid in prosecution, in accordance with
laws governing evidence
Public Defender’s Office or criminal defense attorney via the District Attorney’s Office
in accordance with California criminal discovery laws; and
Other law enforcement offices as part of a formal criminal or administrative investigation
Parties to civil litigation, in response to a court order.
VIII. Training
All personnel authorized to use and access the ALPR system and data pursuant to this policy
shall receive all required training from the Sheriff’s Office. Said personnel shall also review
and receive copies of this policy and the Sheriff’s Office Surveillance Use Policy.
IX.Oversight
The Sheriff’s Office shall ensure compliance with this policy as the provider of law
enforcement services to the City.
All access to ALPR system data shall be logged, and the Sheriff’s Office shall maintain an
audit trail of requested and accessed information, including the purpose of the search.
Periodic, random audits shall be conducted by the Sheriff’s Office and on at least an annual
basis. Audits shall ensure compliance with this policy and all applicable laws, and shall be
used to ensure the accuracy of ALPR information and correct data errors. Audit reports shall
contain at least the following information:
Name of law enforcement agency that accessed the data
Date and time of access
Reason for accessing data
Activity executed, including any license plate numbers searched identified in a separate
confidential appendix
Incident number associated with the investigation
Upon completion of each audit, the Sheriff’s Office shall provide a copy of the audit report
to the City Manager or the City Manager’s designee within five (5) business days of
completion.
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MBMORANDUM OF'T]NDRRSTANDING RETWBF],N THB COUNTY OF SANTA
CLARA AND THB TOWN OF LOS ALTOS HILLS RBGARDING THB USE OF
AUTOMATIC LICBNSB PLATB RBADBRS (ALPRS)
This Memorandum of Understanding ("MOU") is made between the County of Santa
Clara ("County") and the Town of Los Altos Hills ("Town") (collectively referred to as the
"Parties" and each one a "Party") regarding the administration of the Town's Automatic License
Plate Reader system ("ALPRs").
I. PURPOSE
In2014, the County entered into a Law Enforcement Contract with the Town pursuant to
which the County of Santa Clara Office of the Sheriff ("Sheriff s Office") provides law
enforcement services within the corporate lirnits of the Town. The Law Enforcement Contract is
attached as Exhibit A to this MOU.
The Town has acquired ALPRs for use within the corporate limits of the Town.
The Town desires that the Sheriff s Office adrninister the ALPR system pursuant to the
Law Enforcement Contract between the County and the Town.
The purpose of this MOU is to govern the Parties' obligations with respect to the ALPRs.
il. ROLES AND RESPONSIBILITIBS
A. Acquisition and Maintenance of ALPRs
The Town will be responsible for the acquisition, installation, and maintenance of the
ÄLPRs, and any associated costs. The Town may consult with the Sherifls Office on the
placement of the ALPRs.
B. Authorized and Prohibited Uses
The ALPRs will only be used for the purposes identified in the Town's ALPR Policy
(attached as Exhibit B) and the County ALPR Surveillance Use Policy (attached as Exhibit C).
Where a conflict exists between the Town ALPR Policy and the County ALPR Surveillance Use Approved: 10/05/202182
Policy, the County ALPR Surveillance Use Policy shall govern the conduct of the County and
the Sheriffls Office, and any officers, employees, or agents thereof, with respect to the ALPRs.
C. Data Collection, Storage, Access, Sharing, and Retention
Data collection, storage, access, sharing, and retention will be in accordance with the
Town ALPR Policy and the County ALPR Surveillance Use Policy. Where a conflict exists
between the Town ALPR Policy and the County ALPR Surveillance Use Policy, the County
ALPR Surveillance Use Policy shall govern the conduct of the County and the Sherifls Office,
and any officers, employees, or agents thereof, with respect to the ALPRs.
The Town further agrees that it will delegate the administrative account with two-factor
authentication enabled for the ALPR system to a Sheriff s Office employee designated by the
Sheriff s Office. The Town shall at no time maintain an account for the ALPR system that allows
the Town access to the data collected or stored by the ALPR system.
D. Data Ownership
As between the County and the Town, the Town owns the images captured by the ALPR
system. The County owns any data input by the Sheriffls Office into the ALPR system and any
data or records generated by the ALPR system or by the ALPR vendor reflecting a match
between an image and a vehicle of interest.
E. Training
All Sheriff s Office personnel authorized to use and access the ALPR system and data
pursuant to this MOU shall receive all required training from the Sheriff s Offìce. Said Personnel
shallalso review and receive copies of the Town ALPR Policy and the County ALPR
Surveillance Use Policy.
F. Oversight
Each Party will be responsible for ensuring that its officers, employees, and agents
comply with this MOU, including the Town ALPR Policy and County Surveillance Use Policy.
All access to ALPR Data shall be logged, and the Sheriff s Office shall maintain an audit
trail of requested and accessed information, including the purpose of the search. The Sheriff s
Office shall conduct an audit on at least an annual basis to determine compliance with this MOU,
the incorporated exhibits, and all applicable laws. The Sheriff shall provide copies of the audit
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report to the Town as requested, but is entitled to withholcl any law enforcement sensitive
portions of the report (e.g. California Departrnent of Justice or other criminaljustice data
released on a need to know/right to know basis).
G. Compensation
The Sheriff s Office will be compensated for services performed under this MOU in
accordance with Section II of the Law Enforcement Contract.
ilI. TERM OF AGREEMENT
The term of this MOU shallcornmence upon the date of execution by allParties and shall
expire on July 7,2024, unless otherwise terminated by the Parties as provided herein. The Parties
may, by written amendment to this MOU executed by all Parties, extend the term of the MOU.
IV. TBRMINATION
Any Party may terminate this MOU, at any time and without cause, upon 60 days'
written notice given to the other Party pursuant to Section VI, "NOTICE,S."
The County (through the Board of Supervisors) rnay immediately tenninate the MOU for
cause if it determines that the Town is violating the terms of this MOU, including the attached
Exhibits. Prior to terminating for cause, the County must provide the Town with notice of the
alleged breach, and provide the Town 5 business days to respond and remedy the breach. The
County (through the Board of Supervisors) rnay immediately terminate the MOU if Town fails to
timely remedy the breach.
Notwithstanding Section III, the MOU shall immediately terminate upon the termination
of the Law Enforcement Contract (including any extensions or amendments thereof).
Should the Town revoke or amend the Town ALPR Policy, or the County revoke or
amend the County ALPR Policy, either Party has the option to either terminate this MOU or to
offer an amendment to the MOU.
V. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.
VL NOTICES
Any notice required to be given under this MOU shall be in writing and addressed as
follows:
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Notice to County:Laurie Srnith, Sheriff
Santa Clara County Office of the Sheriff
55 W. Younger Avenue
San Jose, CA 95110
County of Santa Clara Board of Supervisors
70 West Hedding Street
East Wing, 1Oth Floor
San Jose, CA 95110
Jeffrey V. Smith, County Executive
70 West Hedding Street
I lth Floor
San Jose, CA 951 l0
James Williarns, County Counsel
70 West Hedding Street
East Wing, 9th Floor
San Jose, CA 951 10
Notice to Town:City Manager's Office
26379 Fremont Rd.
Los Altos Hills, CA 94022
Notice required by this MOU shall be effective when deposited in the United States mail, first
class postage prepaid.
VII. INDEMNIFICATION AND INSURANCB
Indemnification and insurance for purposes of this MOU will be governed by Sections IV
and V of the Law Enforcement Contract.
VIII. RECORDS REQUESTS
The Parties are public agencies subject to the disclosure requirements of the California
Public Records Act ("CPRA").
To the extent a Pafty's proprietary information is contained in documents or information
submitted to any other Party, and the Party submitting the document or information ("submitting
Party") claims that such information falls within one or more CPRA exemptions, the submitting
Party must clearly mark such information "CONFIDENTIAL AND PROPRIETARY" oT with
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sirnilar language, ancl identify the specific lines containing the information. In the event of a
request for such information, the Party in receipt of such information ("receiving Par1y") will
make best efforts to provide notice to the submitting Party prior to such disclosure pursuant to a
CPRA request. If the receiving Party receives a CPRA request seeking or partially seeking
information clearly marked as confidential or proprietary of the submitting Party, the receiving
Party will provide written notice to the subrnitting Party in a reasonably prompt manner. If the
submitting Party contends that any documents are exempt from the CPRA and wishes to prevent
disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy
from a court of law in Santa Clara County before the receiving Party is required to respond to the
CPRA request. If the submitting Party fails to obtain such remedy within the time the receiving
Party is required to respond to the CPRA request, the receiving Party may disclose the requested
information.
Data collected by the ALPRs shall not be made public unless required by federal or state
law or court order. The Parties agrees that they will notify and consult with the other with respect
to any CPRA request seeking records relating to the ALPR system.
The Parties agrees that it shall defend, indemnify and hold harmless the other against any
claim, action or litigation (including but not limited to alljudgments, costs, fees, and attorney's
fees) that may result from denialof a CPRA request for information arising from any
representation, or any action (or inaction) of the indemnifiing Party.
IX. CONFLICTS OF INTEREST
The Parties shall comply, and shall ensure that their employees, contractors and
subcontractors comply, with all applicable (i) requirements governing avoidance of
impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code section 1090 et. seq., the
California Political Reform Act (California Government Code section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure and disqualification
(2 California Code of Regulations section 18700 et. seq.). In accepting this MOU, the Parties
covenant that they presently have no interest, and will not acquire any interest, direct or indirect,
financial or otherwise, which would conflict in any manner or degree with the performance of
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this MOU. Each Party is responsible for assuring compliance of its subcontractors and
employees with the requirements of this provision.
X. NON-DISCRIMINATION
The Parties shall comply with all applicable laws concerning nondiscrirnination and equal
opportunity in employment and contracting, including but not limited to the following: Title VII
of the CivilRights Act of 1964 as amended;Americans with Disabilities Act of 1990; the Age
Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and
504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code $
12900 et seq.); California Labor Code sections 1 l0l , 1102, and I I 97.5; and the Genetic
Information Nondiscrimination Act of 2008. In addition to the foregoing, the Parties shall not
discriminate against any subcontractor, employee, or applicant for employrnent because of age,
race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual
orientation, mental disability, physical disability, medicalcondition, political belief,
organizational affiliation, or marital status in the recruitment, selection for training (including but
not lirnited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or
other forms of compensation. Nor shallthe Parties discriminate in the provision of services
provided under this contract because ofage, race, color, national origin, ancestry, religion, sex,
gender identity, gender expression, sexual orientation, mental disability, physical disability,
rnedical condition, political beliefs, organizational affiliations, or marital status.
XI. GOVERNING LAWS AND VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in
accordance with, the laws of the State of California. Proper venue for legal action regarding this
MOU shall be in Santa Clara County.
XU. ENTIRE AGREEMENT
This MOU and its Exhibits and/or Attachments constitute the final, complete, and
exclusive statement of the terms of the agreement between the Parties regarding the subject of
this MOU. All Exhibits and/or Attachments to this MOU are incorporated herein as one
agreement. This MOU incorporates and supersedes all the agreements, covenants and
understandings between the Parties concerning the subject matter hereof, and all such
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agreements, covenants and understandings have been merged into this MOU. In the event that
any term, condition, provision, requirement, or specification set forth in the body of this MOU
conflicts with or is inconsistent with any term, condition, provision, requirement, or specification
in any Exhibit and/or Attachrnent to this MOU, the provisions of the body of the MOU shall
prevail. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the
Parties or their agents shall be valid or enforceable unless embodied in this MOU.
XIU. THIRD PARTY BENEFICIARIES
This MOU does not, and is not intended to, confer any rights or remedies upon any
person or entity other than the Parties.
XIV. SIGNATORIBSNOTAGENTS/INDEPBNDENT CONTRACTOR
Parties to this MOU shall have no authority, express or irnplied, to act on behalf of any
signatory in any capacity whatsoever as an agent. The Parties shall have no authority, express or
irnplied, pursuant to this MOU to bind each other to any obligation whatsoever. This MOU is not
a contract of employment and does not create an employer-employee relationship between the
Parties and neither Party shall be considered the employees of the other and shall not qualify for
or become entitled to any claims for employment and retirement benefits from the other.
XV. NON-ASSIGNMENT
No assignment of this MOU or of the rights and obligations hereunder shall be valid
without the prior written consent of all Parties.
XVI. WAIVER
No delay or failure to require performance of any provision of this MOU shall constitute
a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be
in writing and shall apply to the specific instance expressly stated.
XV[. COUNTERPARTS
This MOU may be executed by the Parties in separate counterparts, each of which when
so executed and delivered shall be an original, but all such counterparts shall together constitute
one and the same instrument.
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Exhibit A
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94
95
96
97
98
99
100
101
102
103
104
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Exhibit B
106
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Automatic License Plate Reader (ALPR) Policy
Approved by City Council 03/18/2021
1. Purpose
The Town of Los Altos Hills owns Automatic License Plate Readers (ALPR) at fixed
locations within the Town for certain law enforcement and public safety purposes. ALPRs
use high speed cameras to photograph vehicle license plates. The Town procures the
ALPRs from certain Town Council-approved vendor(s) and contracts with such vendor for
maintenance and repair of the ALPR system on an as-need basis. Town ALPRs are
intended only to be used for authorized law enforcement and public safety purposes and its
data are only intended to be accessed by authorized users.
California Civil Code section 1798.90.5 requires public agencies operating ALPRs to adopt
and implement a usage and privacy policy in order to ensure that the collection, use,
maintenance, sharing, and dissemination of information collected pursuant to such system
protects individual privacy and civil liberties. Consistent with the state law mandate, the
Town has adopted this Automatic License Plate Reader Policy (“Policy”) to regulate the
use, management, retention and other aspects of Town ALPRs. This Policy shall be made
available to the public in writing and posted on the Town’s website.
2. Authorized and Prohibited Uses
Town ALPRs are installed at fixed locations in Los Altos Hills and shall only be utilized
for the following purposes:
• To locate stolen, wanted, and/or other vehicles that are the subject of investigation;
• To locate and/or apprehend individuals subject to arrest warrants or who are
otherwise lawfully sought by law enforcement;
• To locate victims, witnesses, suspects, and others associated with a law enforcement
investigation;
• To locate missing children, adults, and/or elderly individuals, including in response
to Amber Alerts and Silver Alerts;
• To support local, state, federal, and regional public safety departments in the
identification of vehicles associated with targets of criminal investigations,
including investigations of serial crimes;
• To protect participants at special events;
• To protect critical infrastructure sites;
• For other law enforcement or first responder uses not prohibited by law.
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Automatic License Plate Reader Policy
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Any data obtained from Town ALPRs shall be used and handled pursuant to this Policy
and applicable state and federal law. All other uses not referenced above shall be
prohibited. ALPR data should under no circumstances be used for personal or purposes nor
specifically authorized herein. Possession of ALPR data does not negate the need to
comply with other laws or regulations including the requirement to obtain a search warrant
when legally required.
3. Data Collection
Digital images of vehicle license plates and their associated license plate numbers shall be
collected by Town ALPRs. The ALPR system shall collect the date and time that the license
plate passes a digital-image site where an ALPR is located.
4. Data Storage/Protection
Data collected by ALPRs are automatically uploaded to the ALPR system’s associated
cloud storage at the time of capture. Cloud storage and server capacity shall be provided
for and maintained by the Town’s contracted ALPR vendor as a part of the scope of
services. The Town shall confirm that the contracted vendor installs and implements
appropriate security measures for such storage including encryption, firewalls,
authentication, and other reasonable data protection measures.
Data stored in the ALPR system cloud space shall not be downloaded to a local server ,
stored locally on a hard drive or portable device, or produced in a physical printout, except
in the following two cases:
1) Where vehicle license plate image and numbers have been flagged by the ALPR
system as a match to a stolen vehicle or other law enforcement registry; or
2) Where data retrieval is necessary for conducting or assisting with a criminal
investigation, or to facilitate an authorized use identified in Section 2 above.
Only personnel from the Santa Clara County Sheriff ‘s Office (“Sheriff’s Office”) may
download ALPR data for local storage or printout for authorized purposes stated herein.
ALPR data may not otherwise be downloaded for any other purpose by authorized
personnel or by Town staff and other unauthorized individuals or entities.
Downloaded, copied, and printed data shall be maintained in accordance with applicable
state and federal evidentiary laws and maintain appropriate chain of custody. Additionally,
the Sheriff’s Office shall implement physical security, encryption, firewalls,
authentication, and other reasonable security measures to protect ALPRs data:
• All ALPR data downloaded to the mobile workstation or in storage shall be accessible
only through a login/password-protected system capable of documenting all access
of information by name, date, and time.
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• Only those employees of the Sheriff’s Office working in an investigative or
enforcement function shall access ALPR data.
• Sheriff’s Office employees approved to access ALPR data under these guidelines
shall be permitted to access the data for the specific purposes outlined in Section 2
above.
5. Data Access
The Town’s ALPR system may only be used by, and data collected thereunder shall be
accessible only by, personnel of the Sheriff’s Office pursuant to a contract providing law
enforcement services to the Town. While the Town contracts with certain vendor(s) for
maintenance and repair of the ALPR system on an as-need basis, such vendors shall only
be tasked with the inspection, troubleshooting, and maintenance of the ALPR system
hardware and software configuration, associated cloud storage mechanism and server, as
necessary. Vendors are not authorized to access data collected by ALPRs under any
circumstances.
In addition to this Policy, Sheriff personnel shall observe and comply with the Sheriff’s
Surveillance Use Policy and any additional guidelines and regulations that are in place
governing ALPR use and access. Prior to grant of use and access, the Sheriff’s Office
shall execute an agreement with the Town and/or the Town’s contracted ALPR vendor, to
the satisfaction of the Town Attorney, agreeing to comply with the terms of use for the
Town’s ALPR system.
6. Data Retention
Data stored in the ALPR cloud system shall be purged after thirty (30) days from the date
it was uploaded to the cloud system unless otherwise flagged by the ALPR system or
downloaded locally pursuant to Section 4 above.
Data that is flagged by the ALPR system, or otherwise downloaded and stored pursuant to
Section 4 above shall be purged no later than six (6) months from the date it was flagged
or downloaded for local storage, unless the data thereafter becomes associated with a
criminal investigation or an ongoing case for an authorized purpose identified in Section 2
above. In the latter case, the data shall be purged no later than one (1) year from the date it
was collected.
7. Public Access
ALPR data shall not be sold, shared, or transferred unless otherwise specified under this
Policy. ALPR data shall not be made public unless specifically required by state or federal
law, or by court order. If a public request for data is received by the Town or the Town
becomes aware of such request to personnel authorized for data access hereunder, the Town
shall confer with its Town Attorney’s Office to determine whether the requested data is
exempt from disclosure pursuant to the California Public Records Act or other state or
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federal law provisions, and whether any additional steps are required in res ponse to such
request for data.
8. Third-Party Data-Sharing
Data-sharing from Town ALPRs shall be limited to only the following:
• District Attorney's Office for use as evidence to aid in prosecution, in accordance
with laws governing evidence;
• Public Defender's Office or criminal defense attorney via the District Attorney's
Office in accordance with California criminal discovery laws;
• Other law enforcement offices as part of a formal criminal or administrative
investigation;
• Parties to civil litigation, or other third parties, in response to a valid court order only.
9. Training
All personnel authorized to use and access the ALPR system and data pursuant to this
Policy shall receive all required training from the Sheriff’s Office. Said Personnel shall
also review and receive copies of this Policy and the Sheriff’s Surveillance Use policy.
10. Oversight
The Sheriff’s Office shall ensure compliance with this Policy as the provider of law
enforcement services to the Town.
All access to ALPR Data shall be logged, and the Sheriff’s Office shall maintain an audit
trail of requested and accessed information, including the purpose of the search. Periodic,
random audits shall be conducted by the Sheriff’s Office and also on at least an annual
basis. Audits shall ensure compliance with this policy and all applicable laws, and shall be
used to ensure the accuracy of ALPR information and correct data errors . Audit reports
shall contain at least the following information:
• Date and time of access;
• Reason for accessing data;
• Activity executed, including any license plate numbers searched;
• Incident number associated with the investigation.
Upon completion of each audit, the Sheriff’s Office shall provide a copy of the audit report to the
Town’s City Manager for review within five (5) business days of completion.
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Exhibit C
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1.
Santa Clara County Office of the Sheriff Page 1 of 5
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers (ALPR)
2
Santa Clara County Office of the Sheriff
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers
Purpose
Automated license plate readers (ALPRs) use high speed cameras to photograph vehicle
license plates. The Office of the Sheriff s purpose for using ALPR Technology is to assist
the Sheriffs Office in implementing a strategy to assist in criminal investigations, protect
residents, and deter crime.
Under the Sheriff s Office's contract to provide law enforcement services to the Town of
Los Altos Hills (Town) and pursuant to a specific, Board-approved agreement between the
Town and the Sheriff s Office goveming ALPRs, it shall be permissible for the Sheriff s
Office to manage andlor operate the Town's Flock Safety Falcon ALPR (Flock Safety
ALPR). To the extent managed and/or operated by the Sheriff s Office, the Flock Safety
ALPR shall only be placed at fixed locations for the authorized law enforcement and public
safety purposes set forth in this Surveillance Use Policy.
The Flock Safety ALPR may collect license plate information from vehicles on roadways,
on property accessible to the public, and on private property. ALPR cameras shall not be
installed with the specific purpose of monitoring vehicles on private property. When an
ALPR camera is installed, reasonable efforts shall be made to reduce the amount of
incidental monitoring of vehicles on private property. A search warrant shall be obtained
when legally required.
Authorized and Prohibited Uses
With Board approval of a specific agreement, it shall be permissible for the Sheriff s Office
to manage andlor operate the Flock Safety ALPR for the Town. The Flock Safety ALPR
shall only be attached to fixed locations.
The Flock Safety ALPR shall be used for only the following pu{poses, consistent with
Section 1 of this Surveillance Use Policy:
To locate stolen, wanted, andlor other vehicles that are the subject of specific
investigation;
To locate andlor apprehend individuals subject to arrest warrants or who are
otherwise lawfully sought by law enforcement;
To locate victims, witnesses, suspects, and others associated with a specific law
enforcement investi gation ;
To locate missing children, adults, andlor elderly individuals, including in
response to Amber Alerts and Silver Alerts;
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o To support local, state, federal, and regional public safety departments in the
identification of vehicles associated with targets of specific criminal
investigations, including specific investigations of serial crimes;
o To protect critical infrastructure sites.
Any data obtained from the Flock Safety ALPR shall be used and handled pursuant to this
Surveillance Use Policy and applicable state and federal law.
All other uses not referenced above shall be prohibited. The Flock Safety ALPR shall not
be used to unlawfully invade the privacy of individuals. Neither the Flock Safety ALPR
nor its data shall be used for personal, non-law-enforcement-related pu{poses; and they
shall not be used to harass, intimidate, or discriminate against any individual or group.
Data Collection
Digital images of vehicle license plates and their associated license plate numbers shall
be collected by the Flock Safety ALPR. The Flock Safety ALPR shall collect the date and
time that the license plate passes a digital-image site where an ALPR is located, as well
as a captured vehicle's geographical location and vehicle details (make, model, type, and
color). Live video, vehicle speeds, and audio shall not be provided or recorded.
Data Access
It shall be permissible for data collected by the Flock Safety ALPR to be accessible by
Sheriff s personnel. Such data shall not be made available through the South Bay
Information Sharing System.
It shall be permissible for technical and customer support staff from vendors, such as
Flock, to access the Flock System ALPR for maintenance and repair of ALPRs on an as-
needed basis, and such vendors shall only be tasked with the inspection, troubleshooting,
and maintenance of the ALPR system hardware and software configuration, associated
cloud storage mechanism and server, as necessary. Vendors shall not be authorized to
access specific data collected by ALPRs under any circumstances.
Data Protection
The Flock Safety ALPR data shall be stored in a secured cloud environment. Flock Safety
ALPR shall maintain multiple layers of physical security and security protection or utilize a
cloud service compliant with Criminal Justice Information Services requirements.
Encryption for data at rest and in transit, firewalls, authentication, and other reasonable
security measures, including the following, shall be utilized to protect ALPR data:
All ALPR data downloaded to the mobile workstation or in storage shall be
accessible only through a login/password-protected system capable of
documenting all access of information by name, date, and time.
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Santa Clara County Office of the Sheriff Page 2 of 5
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers (ALPR)
September 2021
Revised based on motion
at Board Meeting
113
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6.
Santa Clara County Office of the Sheriff Page 3 of 5
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers (ALPR)
a Only those employees of the Sheriff s Office working in an investigative or
enforcement function shall access ALPR data, and that access shall be only for a
purpose authorized in this Surveillance Use Policy.
Data Retention
ALPR data from the Flock Safety ALPR associated with a specific criminal investigation
may be downloaded onto an electronic storage device or printed. Downloaded, copied, and
printed data shall be maintained in accordance with applicable state and federal evidentiary
laws, to include retaining the data through the adjudication of a case in arecognized court
of law, as well as allotment of time for an appeals process and statute of limitations.
Flock Safety ALPR data collected by stationary systems shall be purged no later than 30
days from the date it was collected unless the data is needed for a specific investigation.
Under those circumstances, the data shall be retained for the duration of the specific
criminal investigation and the criminal proceedings through adjudication of the case or in
accordance with local, state, and federal court orders or laws governing its use. Data that is
flagged by the Flock Safety ALPR, or otherwise downloaded and stored pursuant to this
section shall be purged no later than six months from the date it was flagged or downloaded
for local storage, unless the data is associated with a specific criminal investigation or an
ongoing case for an aulhoized purpose identified in Section 2 above.
Public Access
Flock Safety ALPR data shall be made public or deemed exempt from public disclosure
pursuant to state or federal law. For public requests for data, the Sherifls Office shall
confer with County Counsel to determine whether the requested data is exempt from
disclosure pursuant to the California Public Records Act (CPRA), or is legally required to
be disclosed, and shall respond to requests in compliance with applicable law. CPRA
requests to the County for data from the Flock Safety ALPR shall follow this same review
process, but with the inclusion of the Town's City Attorney's Office.
Third-Parfy Data-Sharing
Data from the Flock Safety ALPR may be shared with the following:
o District Attomey's Office for use as evidence to aid in prosecution, in
accordance with laws governing evidence;
o Public Defender's Office or criminal defense attomey via the District
Attorney's Office in accordance with California discovery laws;
o Other law enforcement offices as part of a specific criminal or administrative
investigation; and
r Parties to civil litigation, in response to a court order.
The Town shall delegate any administrative account for the Flock Safety ALPR to the
Sheriff s Office and shall not have direct access to data collected and stored by the Flock
Safety ALPR. However, it shall be permissible to provide the Town with Town-owned
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data produced by the Flock Safety ALPR, within any parameters set forth in the Board-
approved agreement between the Sheriff s Office and the Town.
Additionally, it shall be permissible for data to be shared with law enforcement agencies
and County-retained investigative personnel to assist with the identification, assessment,
investigation, reporting, and prosecution of specific behavior or specific activity that
reasonably appears to be unauthorized, illegal, or in furtherance of illegal activity.
Notwithstanding the parties identified above, no data shall be shared in a manner that
contradicts Board Policy 3.54 - Cooperation with U.S. Immigration and Customs
Enforcement.
Training
Training for the operation of the Flock Safety ALPR utilized by the Sheriffls Office shall
be provided to all Sheriff s Office personnel who manage or use ALPRs. All Sheriff s
Office employees who utilize ALPR Technology shall be provided a copy of this
Surveillance Use Policy.
10. Oversight
Sheriff s Administration shall ensure compliance with this Surveillance Use Policy
All access to and sharing of ALPR data obtained through the Flock ALPR System shall be
logged, and the Sheriff s Office shall maintain an audit trail of requested and accessed
information, including the purpose of the search. Periodic, random audits shall be
conducted by the Sheriff s Office on at least an annual basis. Audits shall ensure
compliance with this policy and all applicable laws.
Audit reports shall contain the following information:
o Date and time of access;
o Reason for accessingdata;
o Name of law enforcement agency accessing data;
o Activity executed, including any license plate numbers searched; and
o Incident number associated with the investigation.
It shall be permissible for audit reports to be shared with govemment agencies responsible
for the costs of those systems requesting more frequent audits, including the Town with
respect to the Flock Safety ALPRs. Audit reports for the Flock Safety ALPRs shall be
provided to the Town's City Manager within five (5) business days of completion or within
the time frame decided pursuant to other mutually agreed upon alrangement. Audits shall
be in a format that maintains the confidentiality of the data.
Santa Clara County Office of the Sheriff Page 4 of 5
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers (ALPR)
September 2021
Revised based on motion
at Board Meeting
115
The Annual Surveillance Report to the Board shall include information regarding the name
of any law enforcement agencylagencies that sought Flock Safety ALPR data within the
reporting period, as well as the approximate number of such requests. Information shall be
presented in a manner that protects the integrity of the requests, investigations, and
underlying data.
Approved as to Form and Legality
1-L|-Ll
am Cretcher
Office of the County Counsel
Santa Clara County Office of the Sheriff Page 5 of 5
Surveillance Use Policy for Town of Los Altos Hills'
Automated License Plate Readers (ALPR)
September 2021
Revised based on motion
at Board Meeting
116
Flock Safety
Leverage the future of policing, now
117
●All data is stored securely in the AWS
Government Cloud
●Search reason is required for audit trail
●NOT facial recognition software
●NOT used for immigration enforcement
●NOT used for traffic enforcement
●End to End Encryption of all Data
●NO PII is contained in Flock
●Not connected to registration data or
3rd party databases (Carfax, DMV)
●Transparency Portal
●Footage owned by Agency/City and will
never by sold or shared by Flock
●30 day retention period
●Short retention period ensures that all
data not associated with a crime is
automatically deleted and
unrecoverable
●Takes human bias out of crime-solving
by detecting objective data
Ethics-Driven Innovation
Protecting Privacy
118
Transparency + Insights
Measure ROI and promote the ethical use of
public safety technology
Transparency Portal
●Customizable for each agency
●Display technology policies
●Publish usage metrics
●Share downloadable Search audits
Insights Dashboard
●Measure crime patterns and ROI
●Audit Search history
Examples
●Click here for Morgan Hill PD
●Click here for Vallejo PD
119
San Marino PD
Case Study: As clearance rates
increase, crime rates decrease
San Marino, CA
Police Chief and City Council
Attribute Crime Decrease to More
Cases Cleared With LPR Cameras
As the number
of cleared cases
increases, crime
correspondingly
decreases.
120
●Solution Installed 7/2021 and several cases
have been solved including:
●Flock hit on an armed and dangerous homicide
vehicle. The vehicle was located, two suspects
arrested for murder and a handgun recovered
●Vehicle vs bicycle hit and run suspect identified
and arrested
●Suspect impersonating a police officer. Victim
took blurry photo but couldn’t get license plate.
License plate identified by nearby Flock Camera
●TWO attempted murder suspects located using
Flock and taken into custody without incident
CASE STUDY Immediate ROI
Fairfield PD Fairfield, CA
121
●Flock Solution installed Two Weeks Ago
●They have recovered 9 stolen vehicles, and 8 of
them were occupied
●Occupants had warrants, shaved ignition keys,
burglary tools, and catalytic converters, etc.
making it clear that they came to Morgan Hill
to commit crimes
●Proactively locating these suspects prevented
them from committing the crimes that they
came to Morgan Hill to commit
CASE STUDY Immediate ROI
Morgan Hill PD Morgan Hill, CA
122
●Jan. 14: Officers received a Flock alert
●Vehicle believed to be associated with
burglaries in the area
●Vehicle was located and officers found
1.5 ounces of meth, stolen property
and burglary tools in the vehicle.
CASE STUDY Serial Burglar
San Ramon PD San Ramon, CA
Before Flock
6 Stolen Vehicle
Recoveries in 8 Mo.
After Flock
21 Stolen Vehicle
Recoveries in 5 Mo.
5X More Effective at
Locating Stolen Vehicles
123
●Vacaville PD received an alert about a
stolen vehicle that was in town
●Officers responded, located the vehicle
entering into a neighborhood, and
arrested the two occupants
●The suspects were found to have
shaved ignition keys in their
possession, which indicated they may
be going to the neighborhood to steal
another vehicle
Case Study: Realtime Stolen Vehicle Alert
Vacaville PD Vacaville, CA
“License plate readers are a force
multiplier for our hard-working
police officers,”
-Vacaville Police Chief John Carli124
CASE STUDY Catalytic Converter Thefts
Fairfield PD
●On Monday 9/6/2021, an Eye Witness
reported a Catalytic Converter Theft that
had just happened in Fairfield, giving the
police a vehicle description and license plate
●Officers immediately entered the info into
a Flock custom hotlist
●An hour later the vehicle was located from
after officers received an alert
●Locating the suspects means that the
suspects were unable to continue
committing more crimes in Fairfield
Fairfield, CA
3 Sacramento Residents Arrested In Fairfield In
Connection To Catalytic Converter Thefts
- CBS Sacramento 13
125
CAMERA HARDWARE HOSTING & ANALYTICS
✓Automatic License Plate Reader ✓Cloud Hosting & LTE Connectivity
✓Solar or DC Power ✓Unlimited User Licenses
✓Mounting Equipment ✓Hotlist Integration & Alerts
✓Maintenance Warranty ✓Ongoing Software Enhancements
Annual Subscription Includes
*five (5 camera minimum | one time implementation fee per camera =$250
*Flock Safety does not provide electrical services | electrical work not included in price
Subscription: $2,500/camera per year
Plus a one time $250/camera implementation
126
What is this
tech?
What ISN’T this
tech?
●License plate recognition
●Gathers objective evidence and
facts about vehicles, not people
●Alerts police of wanted vehicles
●Used to solve crime
●Adheres to all state laws
●Not facial recognition
●Not tied to PII
●Not used for immigration or
traffic enforcement
●Data automatically deletes
every 30 days 127
CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: February 2, 2022
Subject: Written Communications, Item 3.1
Following publication of the agenda packet for the February 2, 2022, City Council Regular Meeting,
written communications were submitted. The communications are attached to this memo.
128
From:Uday Kapoor
To:Tina Walia
Cc:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio
Subject:ALPR discussion in the Feb 2 City Council meeting
Date:Thursday, January 27, 2022 2:03:17 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Mayor Walia and Councilmembers,
This is very timely. Our (Horseshoe Dr. Community) Flock ALPR
system (after several hiccups) became operational last week. If you want
to give me time I can talk about our experience and what we learned, as
well as what future help we need from the Council.
Thanks and best regards,
Uday
129
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Thursday, January 27, 2022 4:54:07 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Uday Kapoor
Phone Number Field not completed.
Email Address
Subject ALPR Security System implementation
Comments The Horseshoe Drive Flock Safety System became operational
on Jan 21 after a delay of several months. The main reason was
the lack of Provider Signal Strength on Horseshoe. Flock had to
switch from Twilio/ATT/TMobile as the carrier to Verizon, which
Flock had not used before. This needed approval of sharing data
with a Law Enforcement agency. Currently data is being shared
with Los Gatos PD as the City of Saratoga does not have an
agreement with the County Sheriff Depatment. Going forward we
need an agreement with the County Sheriff Department.
Email Subscription Subscribe
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130
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Sunday, January 30, 2022 6:13:44 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Jim Stallman
Phone Number
Email Address
Subject CC Wed Feb 2 Agenda Item 3.1 ALPR Go-Ahead
Comments 9k cars stolen / year in the South Bay
https://www.nicb.org/node/52951
Please approve the camera proposal with the addition of 3
cameras on Prospect at Miller (both directions of Prospect and
the Miller entry to Saratoga) along with 1 for the Quito entry to
Saratoga from Westgate. There is a portion of the CC $50k
discretionary fund rolled over from last year and a pass-go collect
another $50k for this year.
Thank you, thank you, thank you for taking action to prevent
attacks on our homes and businesses so (maybe I am the only
one) residents aren’t weighing the risk of leaving their homes to
go out to dinner or live life (my home was burglarized while I was
attending a city Arbor Day tree planting). The Sheriff Captain’s
last crime advisory said “the majority (of attacks) occurred in the
evening from 5:00 p.m. to 12:00 a.m., most frequently on
Saturdays”. I would expect that the Sheriff would love to know
where to go patrol at night rather than guess (Saturday’s too)
assuming there are fewer patrol units during these times. It could
improve on their response time, too, if there is already a deputy
close by to a predator.
Perps drive stolen cars. It is way past due to remove the
welcome mat for perps in our city.
Thank you.
- Jim Stallman, Braemar Drive
Email Subscription Subscribe
131
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132
Automated License Plate Reader
(ALPR) Pilot Program
February 2, 2022
133
Pilot Program
Council Direction (Oct. 2021)
•1-year pilot
•5 camera minimum
•Flock Safety
Proposed Pilot
•1-year
•7 cameras
•Allocation of $20,000
•Approval of ALPR Policy
•Authorize execution of MOU
•Implement pilot, including outreach
•City Council assessment in 1 year
•Optional: Signage
134
1.Saratoga-Sunnyvale Road at Prospect Road
2.Saratoga Avenue at Kosich Drive
3.Saratoga Avenue at State Route 85
4.Saratoga Avenue at State Route 85
5.Quito Road at Pollard Road
6.Fruitvale Avenue at State Route 9
7.Saratoga-Sunnyvale Road at Big Basin Way
Locations
135
ALPR Policy
•Required by State law
•Policy Components:
•Who can access data
•How system will be monitored
•Parameters for sharing data
•Measures to protect data
•Data retention period
•Allows 3rd party data from resident/neighborhood group cameras
136
County MOU
•Would allow Sheriff’s Office to receive real time
notifications and operate ALPR system
•Modeled on Los Altos Hills/County MOU
•Once executed by City, will be considered by County
137
Next Steps with Council Approval
•ALPR implementation
•Outreach
•Council assessment 1 year after camera installation
138
CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: February 2, 2022
Subject: Written Communications, Item 3.1
Following publication of the agenda packet for the February 2, 2022, City Council Regular Meeting,
and following posting of written communications on February 2, 2022, additional written
communications were submitted and are attached to this memo.
139
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Wednesday, February 2, 2022 5:36:12 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Byron J Anderson
Phone Number
Email Address
Subject Sherrif's response to Flock camera red tag licenses when our
private network is a "hybrid" of City and County residents??
Comments Our Glen Una Flock camera area has mainly City residences, but
we do have some County residents. Will we get the same Sherrif
services as a City Only area for things like covered and red tag
licenses? Thanks
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140
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:Public Works
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Draft Request for Proposals for the Heritage Orchard Maintenance
Contract
RECOMMENDED ACTION:
Review the draft Request for Proposals for the Heritage Orchard Maintenance Contract and
provide direction on any revisions.
BACKGROUND
Last April,City Council awarded a maintenance contract for the Heritage Orchard that expires
May 1, 2022. The City Council directed that the next Request for Proposals (RFP) be reviewed
by Council prior to its release. The next RFP is scheduled to be released in March.
DISCUSSION:
Staff proposed changes to the RFP reflect the recently updated Heritage Orchard Master Plan and
the successful Community Harvest held last summer.
Sustainable orchard maintenance practices and community involvement have been added and
quantified to make clear the efforts expected. The addition of Tasks 8 and 9 are the main
changes to the RFP.
Task 8 -Harvesting of Fruit
The contractor is responsible for annual harvesting of fruit (apricots, prunes and cherries) and
distributing to the public through harvest events and local foodbanks. City sanctioned harvest
events will be scheduled based on Orchard and fruit conditions. Harvest events will occur during
the apricot harvest window. One weekend will be chosen as the main harvest event where the
community will be invited to collect fruit for themselves. Depending on the size of the harvest,
additional harvest events may be needed. The City will assist with planning and organization of
the events. The City will provide fruit picking buckets for the public. The contractor can assume
a budget of 287 hours per year will be required for the community harvest events; 128 hours for
141
the main harvest weekend (2 days x 8persons x 8 hours per day), 144 hours for 6 smaller harvest
events (6 days x 4 people x 6 hours/day) during weekdays, and 15 hours for planning.
Community harvest events are not planned for the cherry and prune harvests. The contractor
may use volunteer organizations such as Village Harvest (villageharvest.org) to assist in
harvesting and distribution to local food banks.
Task 9 – Community Engagement
The Contractor is required to participate in community activities at various times throughout the
term of the contract. Community activities include, but are not limited to, the annual Blossom
Festival, annual Arbor Day celebration, and monthly Heritage Commission meetings.
Additionally, the Contractor is required to be a resource to the public such as students and
residents about orchard care and operations. The contractor can assume a budget of 75 hours per
year will be required for this task.
ATTACHMENTS:
Attachment A - RFP for Heritage Orchard Maintenance Contract
142
City of Saratoga
REQUEST FOR PROPOSALS
Maintenance of the City of Saratoga Heritage Orchard
Submit proposals to:
Kevin Meek, Parks Manager
Public Works Department City of
Saratoga, 13777 Fruitvale Avenue
Saratoga, CA 95070
kmeek@saratoga.ca.us
(408) 868-1247
Deadline: Thursday April 7th, 2022 at 3:00PM
143
I.OVERVIEW
2
The City of Saratoga is soliciting proposals from qualified orchard maintenance
contractors to care for and maintain the City of Saratoga Heritage Orchard.
The Heritage Orchard is the only park in the City of Saratoga that preserves and
celebrates Saratoga’s rich agricultural history. The site is approximately 13.9 acres and is
zoned R-1-20,000 and the General Plan Land Use designation is Open Space-Managed
Resource Protection (OS-MR). It is recognized by the residents of Saratoga as a living
jewel and community landmark. Historicallythe Heritage Orchard has also been knownas
Central Park. The orchard is located at 13650 Saratoga Avenue on the Southwest corner
of Saratoga Avenue and Fruitvale Avenue, south of the Saratoga Library. The site is
bounded by Saratoga Avenue to the North, Fruitvale Avenue to the East, Wildcat Creek
to the South, and Sacred Heart Catholic Church and School to the West.
Approximately958fruittreesgrowintheorchard,comprisedofabout618apricottrees,255
prune plums and 85 cherry trees. There are spaces for another 400 trees. There are some
maturing coast live oak trees growing among the fruit trees. Trees are irrigated through a
drip system using water from a City owned well located on the site. Well water is sufficient
to water the trees as needed. Irrigation lines have been run along rows of trees and drip
emitters are placed at each tree. New irrigation lines and emitters were installed in 2021.
A Capital Project has been established to plant 400 new trees.
This Request for Proposals includes an overview of the project, a list of information that
must be included in proposals, and the scope of work for the project together with relevant
background documents.
144
I.OVERVIEW
3
CITY OF SARATOGA HERITAGE ORCHARD –13650 SARATOGA AVENUE
145
4
The City of Saratoga proposes to engage the services of a contractor with the expertise and
experience to manage and maintain the Heritage Orchard, consistent with Industry Best
Management Practices, the City’s Orchard Master Plan (attached), and methods of orchard
care that promote sustainable, regenerative and organic practices. In 2021, the City held its first
Community Harvest. The event was extremely successful and well received by the public. The
event will be annual, and the Contractor is expected to assist in organizing and facilitating the
event.
I.EXPERTISE AND EXPERIENCE SOUGHT
1. Selecting, planting, pruning, and cultivating apricots, prune plums and cherrytrees.
2. The ability to maintain healthy trees through implementation of current best practices,
including analysis of leaf and soil samples, soil amendments, watering andcultivating.
3. Knowledge of fruit harvesting.
4. Assisting in organizing and facilitating community fruit harvestevents and coordinating
volunteers to harvest fruit and distribute to local food banks. All fruit harvested from the
Heritage Orchard will be given to the public through community harvest events or to local
food banks selected by the City.
5. Work with City Staff and the Heritage Preservation Commission to implement
the Orchard Preservation Plan included in the Heritage Orchard Masterplan.
6. The ability to properly remove deadtrees and select and plant replacements.
7. The City of Saratoga follows an Integrated Pest Management (IPM) Program for weed
and pest control. No pesticides may be used for weed control in the Orchard. OMRI
Listed products may be used with specific permission from the City for each application.
Mechanical methods of weed control are required unless an alternative is approved by
the City. All chemicals used during the year are to be reported to the City and the
County Department of Agriculture. A copy of the City’s Integrated Pest Management
Plan is included as Attachment3.
8. Rodent and deer control are to be humane and non-toxic to humans or pets
through secondary poisoning. Chemicals used to control rodents or other animals
are be approved by the City prior to use.
9. The ability to maintain the orchard in a neat and clean condition with well-
maintained pathways and weed-free rows of trees.
146
5
II. PROPOSAL REQUIREMENTS
1. Provide a statement of the contractor’s approach to orchard care and maintenance. The
proposal should include information on how the contractor will manage the Annual
Community Harvest and volunteer harvest events.
2. Provide a statement that describes experience with similar projects and competencies.
Include relevant Department of Pesticide Regulation (DPR) license numbers and resumes
of the principals and professionals who will manage work under the contract.
3. Submit an overall maintenance schedule including the timing of majortasks.
4. Include an estimateof the anticipated maintenance costs for Tasks 1 –9 and provide hourly
rates for all contractor personnel and a proposed billing schedule.
5. Identifyany proposedrevisions to the City’s standard contract (included as Attachment 2).
Note that this project is subject to the State of California’s prevailing wage requirements
as set forth in the standard contract. Because this is a maintenance contract, no bonds
are required. All City contractors must have a City of Saratoga Business License at the
time the contract is awarded.
III. SELECTION PROCESS
Schedule
Proposals Due:Thursday April 7th, 2022 at 3:00PM
Work Begins:May 2022
Evaluation Criteria
All proposals received will be evaluated utilizing the following criteria:
Ability of the respondent to perform the specific tasks outlined in theRFP.
The contractor’s clear understanding of the services to beprovided.
Qualifications and experience caring for an orchard or projects with similarissues.
The proposedcosts based on the understanding of the scope of work and issues involved.
147
6
IV. SUBMITTAL REQUIREMENTS
Respondents shall submit one hard copy and one electronic copy of the proposal no later than
Thursday April 7th, 2022 at 3:00PM.
Late submittals will not be accepted.
For further information or questions, please contact:
Kevin Meek, Parks Manager, kmeek@saratoga.ca.us or (408) 868-1247
V. ATTACHMENTS
1. Scope of Work
2. Standard Contract
3. IPM Protocol
4. Orchard Master Plan
148
7
SCOPE OF WORK
Attachment 1
SCOPE OF
WORK
General
A. Hours ofoperation
Work in the orchard shall take place between 7:00 am – 6:30 pm Monday – Friday
unless otherwise authorized by the City of Saratoga.
B. Number and Type ofTrees
The orchard contains approximately 958 trees with spaces for another 400 trees.
Included are about 618 apricot trees, 255 prune plums, and 85 cherry trees.
C. Appearance
The contractor shall be responsible for maintaining the Orchard in a neat and attractive
state. Trash and debris from maintenance operations shall be removed promptly
following the work. Unsightly weeds and unhealthy or unkempt trees shall be regularly
removed or maintained to create a healthy and neat appearance.
D. Materials andSupplies
The Contractor will be expected to furnish all necessary equipment, supplies and
materials of a quality and in the amounts necessary to accomplish a professional level
of maintenance. Supplies and materials shall include, but not be limitedto:
All necessary gas, oil and parts for allequipment.
All necessary fertilizers and mustard seed or cover crop for wintercover.
All necessary horticulturalsupplies.
All materials necessary for weed and pestcontrol.
All parts necessary for the repair and proper maintenance of all irrigationsystems.
E. Fruit Harvest
As set forth in more detail below, the property is to be maintained as a working, fruit
bearing orchard.The Contractor is responsible for managing community harvests,
and volunteer harvests for distribution to local food banks.The food banks shall be
chosen by the City.
F. Community Engagement
Community engagement is an integral part of the operation of the Heritage Orchard. The
contractor is expected to be available for public engagement activities compensated at the
applicable hourly rate. Welcoming the public, teaching about its history, promoting its
preservation, and educating the public about its care will ensure the Heritage Orchard will
be there for future generations to enjoy.
149
8
SCOPE OF WORK
1.Irrigation
A. Existing system
The Orchard is irrigated by water pumped from a well located near the center of
the property. An underground main line feeds several sectional valves. These
valves are opened manually, running irrigation water through above-ground
lateral flex tubes, to micro-spray sprinkler heads. The City will pay for water and
power.
B.Contractor responsibilities
The Contractor will manually operate the irrigation as required to maintain
proper tree health throughout the orchard. Watering shall be accomplished
at times of the day or night to ensure the health of all trees, and so that the
inconvenience to people using the area will be kept to a minimum. Any water
runoff or overflow onto roadways, sidewalks, and hard surface areas shall be
kept to an absolute minimum.
C. Repairs
The Contractor is to conduct a system check of the irrigation system prior to
an irrigation event to ensure optimum operation and to report any repairs or
concerns to the City’s designated project supervisor (“Supervisor”)prior to any
work being done. All repair work must receive prior approval of the City.
2.Pruning
Pruning, thinning, bucking,and brushing are to be performed in accordance with standard
practices for the fruit tree variety and on a time schedule itemized in the schedule of tasks.
All pruning debris is to be collected from rows within fourteen (14) days and placed in a
central location for transfer to yard bins and removed from the Orchard. The City will order
and cover the cost of delivery and pick up of yard bins for removal of all pruning debris from
the site.
3.Fertilization
The type of fertilizer,timing of fertilization,and application rates shall be consistent with the
accepted standards for the varieties of fruit trees grown in the orchard,and applied based on a
lab analysis of soil and leaf samples taken at the appropriate time of year. Applications of
fertilizer shall be applied in a manner consistent with label directions. Fertilizer must be
approved by the City prior to each application. Supplemental fertilizer applications for areas
showing poor growth may be requested by the City at Contractor's expense. Fertilizer shall be
delivered to the site in the original unopened container bearing the manufacturer's
guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for
use, will not be permitted. Immediately following application at each site, the fertilizer shall
be thoroughly watered into the soil. The Supervisor shall be notified one week prior to the
date of the application by the Contractor.
4.Soil Management
Contractor shall manage soil composition and drainage through proper orchard practices and
150
9
SCOPE OF WORK
a yearly lab analysis of soil samples. Methods of managing the soil characteristics can include
disking, rotovating, ripping, rolling, mowing or other means of weed control, planting of a
cover crop and applications of gypsum or other soil amendments. Addition of soil
amendments shall be approved by the City prior to their application.
5.Weed and Pest Control
Contractor shall conduct maintenance in accordance with the City of Saratoga’s Integrated Pest
Management (IPM) Plan. Deviation from the IPM Plan may only be permitted with prior approval
of the Supervisor. Applicator shall possess a valid California Department of Pesticide Regulation
(DPR) applicator’s license or certificate.
A.Weeds
The Contractor shall be responsible for the control and elimination of weeds affecting
trees. Weed growth must not exceed twelve (12) inches in height except for cover crops
permitted to grow to its mature height. Planting of mustard seeds or other cover crop
shall be included.No pesticides may be used for weed control in the Orchard. OMRI Listed
products may be used with specific permission from the Supervisor per application.
B.Deer
The Contractor is responsible for the protection of vulnerable trees from deer damage.
This may be in the form of deer repellant or other methods approved by the City.
Materials used for deer control must be approved by the City prior to use.
C.Gophers
The Contractor is responsible for a consistent and humane gopher trapping
procedure.
6.Tree Removal and Replacement
A. Tree removal
Trees that are dying or otherwise in poor health and in need or replacement are to be
removed and replaced at least yearly.
B.Planting new trees
The Contractor is responsible for the survival of trees for one year after planting.
Where new trees are planted among established trees, the Contractor is to provide
any necessary supplemental watering (over and above existing programmed
irrigation) by hand to specific trees. Activating an entire station to water several
plants will not be permitted. Plant material that fails within the one year period is to
be replaced promptly at the Contractor's cost.Proposals shall assume that 25 trees
will be removed/planted per year.
C.This work task will be paid per unit of tree removal/tree planting completed and the
proposal shall include the proposed cost per unit.
7.Perimeter Maintenance
The Contractor is responsible for the function and aesthetic appearance of the trails and
footpaths in and around the orchard, including the asphalt walkway, and woodchip and
gravel trails, and footpaths. Any damage to the pathways through the orchard caused by
maintenance activities must be repaired within three (3) days.Edges must be redefined and
151
1
0
SCOPE OF WORK
kept intact at all times. Encroachment of soil through orchard maintenance onto the asphalt
pathway must be cleared that same day.
8.Harvesting of Fruit
The contractor is responsible for annual harvesting of fruit (apricots, prunes and cherries) and
distributing to the public through harvest events and local foodbanks.
City sanctioned harvest events will be scheduled based on Orchard and fruit conditions.
Harvest events will occur during the apricot harvest window. One weekend will be chosen as
the main harvest event where the community will be invited to collect fruit for themselves.
Depending on the size of the harvest, additional harvest events may be needed. The City will
assist with planning and organization of the events. The City will provide fruit picking buckets
for the public. The contractor can assume a budget of 287 hours per year will be required for
the community harvest events; 128 hours for the main harvest weekend (2 days x 8persons x
8 hours per day), 144 hours for 6 smaller harvest events (6 days x 4 people x 6 hours/day)
during weekdays, and 15 hours for planning.
Community Harvesting events are not planned for the cherry and prune harvests. The
contractor may use volunteer organizations such as Village Harvest (villageharvest.org) to
assist in harvesting and distribution to local food banks.
9.Community Engagement
The Contractor is required to participate in community activities at various times throughout
the term of the contract. Community activities include, but are not limited to, the annual
Blossom Festival, annual Arbor Day celebration, and monthly Heritage Commission meetings.
Additionally, the Contractor is required to be a resource to the public such as students and
residents about orchard care and operations. The contractor can assume a budget of 75 hours
per year will be required for this task.
10.Permits
Contractor is responsible for compliance with all laws applicable to orchard maintenance.
Without limiting the generality of the foregoing, Contractor shall possess all permits and
licenses required by the State of California, Department of Pesticide Regulation prior to the
application of any pesticide or other regulated substance. Any pesticide used shall be listed
on the State of California, Department of Pesticide Regulation’s approved list and the
Contractor shall submit all pesticide use reports to the County Agricultural Commissioner.
Restricted materials, if used, shall be used and possessed only in accordance with a permit
issued the County Agricultural Commissioner.
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1
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11.Liability ForDamages.
Contractor is fully responsible for any and all damage done to public or private property that
results from the Contractor’s operations. Without limiting the generality of the foregoing this shall
include, but not be limited to, the repair, removal and replacement, at Contractor’s expense, of
shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged
due to negligence in pest and disease control practices, fungicide damage, or lack of proper
maintenance and operations. This shall also include any damage done to buildings and other
improvements due to the Contractor’s negligence. The City shall determine negligence. The City
shall be responsible for replacing any plant material that has died as a result of acts of vandalism
and theft, or is due to the City’s own negligence.
12.Protection And Security Of WorkSites.
Contractor is responsible for the protection and securing of its work sites. This may include
opening and closing of said sites. The Contractor shall post signage in the Orchard for any
applications or procedures in the interest of public safety. The City shall be notified at least 48
hours prior to any such closure.
13.Response To Inquiries, Call And EmergencySituations.
Contractor shall be required to respond promptly to any emergency situations reported by City
staff and have the ability to be contacted at all times. If the City performs any work in the Orchard
(e.g., for repair of the irrigation system), City shall notify Contractor a minimum of five (5)
business days prior to any and all work that is scheduled to be performed in the orchard by the
City, its contractors and/or employees except in an emergency in which case City will notify
Contractor as soon as reasonably possible. If additional orchard maintenance is required as a
consequence of work performed in the orchard by the City, its contractors and/or employees, this
additional scope of work will be negotiated with the Contractor and, if approved, will be paid to
the Contractor by the City.
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SCOPE OF WORK
Task
#
Description of Task Annual Cost
1 Irrigation
2 Pruning
3 Fertilization
4 Soil Management
5 Weed and Pest Control
6 Tree Removal and Replacement. (Assume 25 trees
will be removed/replaced per year) at $________ per unit
7 Perimeter Maintenance
8 Harvesting of Fruit
9 Community Engagement
TOTAL COST
1156027.1
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Attachment 2
Contractor:Project Name:
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 $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1.)
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A attached hereto (“Scope of Work
and Payment Terms”). If designated as a Construction Contract above, the City has solicited informal
bids and selected Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3,
Division 2 (commencing with Section 22030) of the California Public Contract Code and Article 12-15 of
the City of Saratoga Municipal Code.
2.Term.
Start Date:End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
Payment. City shall pay Contractor for work product produced and any authorized reimbursable costs
pursuant to this agreement an amount not to exceed the totalsum of:$.
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 terminformation.
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Contractor:Project Name:
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 theAdministrator.
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:
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Contractor:Project Name:
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 copiesto:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Britt Avrit 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 shallbe
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 theCity.
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 checkedbox(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 thisagreement.
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 partieshereto.
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.
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Contractor:Project Name:
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: Britt Avrit, City Clerk
Contract Description:Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
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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.
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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 nolater 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:
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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:
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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, freefrom
liens, encumbrances, faults and defects, and of good quality and fit for the purposeintended.
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. Contractorshall:
•Do all things necessary to faithfully perform and complete the Work in acompetent
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 asrequired.
•The Contractor shall be responsible for the skills, methods and actions of allemployees.
•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 beenobtained.
•Protect all materials to be used in the Work in accordance with thespecifications.
•Protect existing facilities and personalproperty.
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•Remove from the project site all debris resulting from performance of the Work noless
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 ContractPrice.
•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 toproperty.
•Unload, hoist and otherwise handle its own materials, supplies andequipment.
•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, orwhich
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 thesame.
•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 inwriting.
•Set up, identify, coordinate, provide safe access, and obtain all inspections for itswork,
as required by any authorized agency or applicable code, prior to covering upwork.
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 deemnecessary.
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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 onone
of the following:
i.Where the work involved is covered by unit prices contained in theContract
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 changedWork;
iii.By a combination of existing and new unit prices and related quantities forthe
changed Work; or
iv.By mutual acceptance of a lumpsum.
C.If the City directs the Contractor in writing to make changes in the Work thatContractor
demonstrates materially affect the time required to perform the work, the City will make
a reasonable adjustment to the ContractTime.
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 workand
give prompt notice of any defect therein. Contractor assumes full responsibility to
protect the work done hereunder until final acceptance by theCity.
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 finalinspection.
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 previouslyissued.
6.Utility Facilities.
A.The Contractor shall protect from damage any utility facilities that are to remain inplace,
be installed, relocated or otherwiserearranged.
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 suchfacilities
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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 suchwork.
E.Contractor will not be entitled to damages or additional payment for delays causedsolely
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 suchwork.
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, toprovide for removal
or relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents with reasonableaccuracy.
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 inSection
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 fromthose
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, differingmaterially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in thisContract.
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 ContractDocuments.
C.No claim of the Contractor under this section 6 shall be allowed unless the Contractor has
given the notice required in the ContractDocuments.
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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 shallcooperate
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 SpecialProvisions.
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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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 therequest.
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 copyof their accident investigation report within 24 hours for
each accident that occurs during the performance of thecontract.
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 oftheir Hazard
Communication program if their employees will be using any chemicals on thejob.
4.Contractor will provide the City of Saratoga a copy of the SDS (SafetyData Sheet)
for each chemical brought onto thesite.
5.Contractor has and can provide the City of Saratoga a copy of theHazardous Waste
disposal plan for any hazardous wastes generated during thejob.
6.Contractor has and can provide the City of Saratoga a copy oftheir Lockout/Tagout
program if any work is to be done on any sources of hazardousenergy.
7.Contractor has and can provide the City of Saratoga a copy of theirElectrical Safety
program if any electrical work is to beperformed.
8.Contractor has and can provide the City of Saratoga a copy of theirFall Protection
program if any work is to be performed that would requireit.
9.Contractor has and can provide the City of Saratoga a copy of theConfined Space
program if any confined spaces are to beentered.
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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$200,000 or Less – Exhibit A-2
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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:
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-
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
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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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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 “✓” indicated in the space before the requirement
apply to this agreement together with the general requirements for the duration of the contract, anduntil
the expiration of the warranty period following the final completion and acceptance by theCity.
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 injuryand 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 maintaininsurance
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 propertydamage
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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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:
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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Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officers, officials, employees orvolunteers.
The Contractor’s insurance shall apply separately to each insured against whom claim is madeor
suit is brought, except with respect to the limits of the insurer'sliability.
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 notconstitute
a waiver of any of City’s rights pursuant to thisagreement.
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 theagreement.
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 thesesame
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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 specialcircumstances.
-End of Exhibit B-
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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 $25,000 Contractor shall, within ten (10) days after being notified
of the award of the contract, and before the City will execute this agreement or issue a Notice to Proceed,
furnish and file with the City Performance and Payment Surety bonds as set forth below. All bonds shall
be issued and duly executed by a responsible corporate surety listed in the United States Department of
the Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of
California and acceptable to City.
Contractor shall submit:
1.A Performance bond on the form attached, conditioned upon the faithful performance by the
Contractor of all requirements of the Contract Documents. This bond shall be in a sum no less
than one hundred percent (100%) of the total ContractPrice.
2.A Payment Surety bond on the form attached that in all respects complies with California Civil
Code sections 9550-9566, inclusive. This bond shall be in a sum no less than one hundred
percent (100%) of the Contract Price.
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FAITHFUL PERFORMANCE BOND
The City of Saratoga, California (“Owner”) and
(“Contractor”), have
entered into a written agreement for furnishing of all labor, materials, equipment, transportation
and services for the construction of the
[PROJECT NAME] (said agreement, together
including all contract documents and changes thereto, the “Construction Contract”) and
Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful
performance of all terms and conditions of the Construction Contract.
NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as
“Surety”), as surety, are held and firmly bound unto Owner in the penal sum of
Dollars
($), lawful money of the United States, forthe
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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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 theConstruction
Contract, which is incorporated herein by reference.
2.If Contractor timely performs each and every obligation under the ConstructionContract,
Surety and Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph3.1.
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 havebeen
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 ConstructionContract.
4.When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly andat
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 6in
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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 thecircumstances:
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 specificreasons
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 toOwner.
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 shallnot
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 duplicationfor:
6.1 The responsibilities of Contractor for correction of defective work, materials and
equipment and completion of the ConstructionContract;
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 theConstruction
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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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 courtof
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 neitherbeen
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
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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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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 byreference.
2.With respect to Owner, no obligation shall accrue ifContractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants
including amounts due under the California Unemployment Insurance Codewith
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 andtendered
defense of such claims, demands, liens or suits to Contractor andSurety.
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 promptlyand
at Surety’s expense take the following actions:
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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 aredisputed.
4.2 Pay or arrange for payment of any undisputedamounts.
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 ortheir
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 bySurety.
7.By Contractor furnishing and Owner accepting this Bond, they agree that all fundsearned
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 acourt
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 statutoryrequirements
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 thisBond,
the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be
made.
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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 thisagreement.
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 theContractor’s
work only, and not as to the means by which such a result isobtained.
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 theCity.
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 areain
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’sprofession.
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 commitadequate
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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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 otherpurposes
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 anemployee.
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’sdesignee.
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 thenotice
requirements set forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forthabove.
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 theContractor
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 latepayments.
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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(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for workperformed
in accordance with the Unit Prices in the Scope of Work prior to the
invoice date. Invoices shall contain the followinginformation:
(1)Serial identifications of bills, i.e., Bill No.1;
(2)The beginning and ending dates of the billingperiod;
(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 billingperiod.
(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 theWork.
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 completionof
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 theWork.
3.3 Hourly Services or Task Based Contract, invoicing and payment shall be asfollows:
(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 billingperiod;
(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 billingperiod.
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, chooseto
substitute securities meeting the requirements of California Public
Contract Code Section 22300.
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(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 beingperformed.
4.PREVAILINGWAGE.
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 hourlimitations.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bidproposal,
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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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 withlaw.
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 thisarticle.
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 branchoffices.
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 followingform:
"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 hourlimitations.
5.5 In connection with the performance of the Work under this contract, Contractor willnot
because of the race, religious creed, color, national origin, ancestry, physicaldisability,
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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 shallindemnify
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 ANDSUBCONTRACTING.
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9.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair PracticesAct.
9.2 Contractor shall give personal attention to the performance of the Contract and shallkeep
the Work under itscontrol.
9.3 For the purposes of administering this agreement no subcontractors will be recognizedby
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 andspecifications.
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 workon
a public works project under these sections of the California LaborCode.
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 thework.
9.6 Contractor may not assign performance of the Contract except upon written consentof
the City.
9.7 Contractor shall require all subcontractors to comply with the terms of thisContract.
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 performthe
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 suchtermination.
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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10.4 Failure by City to seek any remedy for any default hereunder shall not constitute awaiver
of any other rights hereunder or any right to seek any remedy for any subsequentdefault.
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 ofthis
agreement. Contractor shall not employ or subcontract with a person having such an
interest in the performance of thisagreement.
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 theCity.
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 toContractor.
12.HOLD HARMLESS ANDINDEMNIFICATION
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 ordeath
of any person; or for damage to property from any cause except losses due to sole or
active negligence of the City's officers oremployees.
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 theCity.
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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 arisesout
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 whateverreason.
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, maybe
retained by the City until disposition has been made of such suits or claims fordamage.
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 workand
shall give written notice of a claim for additional compensation for the work to City withinten
(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 ANDAUDITS.
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 thethree
(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
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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 theWork.
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 through8138.
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 doso.
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 anysubcontract.
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 toby
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 remainderof
this agreement shall be in full force andeffect.
21.NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work productprovided
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 sothereafter.
-End of Exhibit C-
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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 andconditions.
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 promptlyrefund
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 notsuspended,
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 theagreement.
-End of Exhibit D-
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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
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Attachment 3
City of Saratoga
Integrated Pest Management Plan
June 27, 2002
Updated December 2004
194
Table of Contents
City of Saratoga 2 of 10 IPM Plan 2002
I.Policy Statement.......................................................................................................................3
II.Integrated Pest Management Plan Outline
IPM Plan Components
a)Restricted Chemicals ..............................................................................................................4
b)Annual Storage Inventory and Unwanted Chemical Disposal ...............................................4
c)Staff Education and Training..................................................................................................4
d)Record Keeping and Annual Evaluation.................................................................................4
e)Public Outreach.......................................................................................................................5
f)Contractor Compliance...........................................................................................................5
g)Department-Specific Components..........................................................................................5
III.Reporting Forms and Attachments
Attachment A-Department IPM Checklist and Plan Template........................................................6
Attachment B- Monthly City Pesticide Use Record........................................................................7
Attachment C- Saratoga Contractor Monthly Pesticide Use Summary...........................................8
Attachment D- Annual Department “IPM Plan” Report and Pesticide Inventory...........................9
195
City of Saratoga 3 of 10 IPM Plan 2002
Policy Statement
The City of Saratoga will carry out its pest management operations using reduced-risk
IPM techniques to reduce or eliminate chemicals to the maximum extent. Chemicals will
be used only as a last resort for pest management problems. Each department that applies
pesticides will maintain an active IPM plan to ensure the long-term prevention or
suppression of pest problems with minimum negative impact on human health, non-target
organisms, and the environment.
The City will actively pilot non-toxic alternatives for structural and landscape pest
control, seeking to use the most recent technology, best management practices, and least
toxic methods for all pest control measures.
The City will use appropriate venues to educate staff and the public about its IPM
commitment in an effort to role model less toxic approaches to structural and landscaping
pest control.
196
City of Saratoga 4 of 10 IPM Plan 2002
Integrated Pest Management Plan
A.Restricted Chemicals
Pesticides are defined as: any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest. Pests can be insects, mice and other animals,
unwanted plants (weeds), or fungi. The term pesticide applies to herbicides, fungicides,
rodenticides, molluscicides and other substances used to control pests.
City employees and City contractors will not use the following pesticides: diazinon or
chlorpyralid. Emergency applications may be authorized by the completion of a written
request and approval by the Pest Control Advisor.
B.Annual Storage Inventory and Unwanted ChemicalDisposal
An annual storage inventory will be conducted to remove and dispose of any chemicals
that are unwanted or that are prohibited from City use by the IPM policy. These
chemicals will be disposed through the City’s Hazardous Waste Program.
C.Staff Education and Training
The City will provide City-wide IPM training. City staff who are not applying pesticides
as part of their regular job will receive annual outreach from City staff about the City’s
IPM policy and appropriate procedures for controlling pests.
Applicator training and supervision: City staff who manage pest problems and who apply
pesticides as part of their job must be trained according to Department of Pesticide
Regulation as outlined in the California Code of Regulations Title 3, Division 6 for
pesticide applicators and advisors. Annual “Integrated Pest Management” training will
also be provided to all staff who apply any pesticides on the job.
D.Record Keeping and Annual Evaluation
All city staff who apply pesticides will maintain pest management and pesticide
application records using the Monthly City Pesticide Use Record (Attachment B).
Copies should be sent to the Department of Agriculture weights & measure Agricultural
Commissioners Office. Contractors will also send copies of Monthly Contractor Pesticide
Use Record (Attachment C) to the Department of Agriculture weights & measure
Agricultural Commissioners Office. Pesticide use records will record the amount used,
date and location of use, target pest, and biological and mechanical controls used. All
records will be made available to the public upon request.
Annual Evaluation - Departments will provide the Environmental Programs Manager
with an annual summary of pest management problems and an inventory of banned
pesticides (Attachment D). Because this is a County-wide storm water permit
requirement, the West Valley Clean Water Program will be responsible for consolidating
the monthly use reports and preparing the annual report.
197
City of Saratoga 5 of 10 IPM Plan 2002
E.Public Outreach
The City will use appropriate opportunities to communicate with the public about IPM
strategies and their benefits. Public outreach will include:
IPM information provided to schools, residents, and businesses via specialevents,
IPM workshops, advertisements, and point-of-sale (hardware and nurseries).
Pesticide disposal options: Residential and business pesticide disposal options will be
provided and promoted through the City’s Household Hazardous WasteProgram.
All IPM and pesticide use records will be made available to the public within one
week of request.
F.Contractor Compliance
Saratoga’s contractors must follow all aspects of Saratoga’s IPM Plan, including the
restrictions contained in “A” above.
G.Department-SpecificComponents
Departments using pesticides will maintain site-specific plans. Each City Department
applying pesticides (Public Works Department and Community Services Department)
will develop an IPM plan (Integrated Pest Management Plan, Attachment A) which will
outline pest management guidelines for the most persistent and frequent pests. The IPM
Plans will:
Use preventative maintenance and the most recent best management practices as a
primary strategy to prevent key pests and thereby minimize the use of chemical
pesticides.
Establish inspection procedures for key pests to monitor pest population andtolerance
levels based on the biological, aesthetic, and economic loss each site can tolerate, and
set pest population levels at which corrective action should be taken.
Use alternative control options such as (but not limited to): habitat management
(changing the biological environment), maintenance practices (modifying watering,
mulching, waste disposal), physical controls (mechanical removal, traps andbarriers),
biological controls (use of natural enemies), and re-design (modifying landscape
design) to the maximum extent practical.
Pilot and report on the results of new less-toxic measures for animal or plant pest
control.
198
City of Saratoga 6 of 10 IPM Plan 2002
Attachment A
Department IPM Checklist: Also Reference Specific Pest Plans
Annual Responsibilities
Each Department who is responsible for pest management activities must complete or
provide the following by February 1 each year:
Review Department-level IPM plans for any updates, changes, and for evaluationfrom
previous year.
Complete the Annual Department “IPM Plan” Report and Pesticide Inventory
(Attachment D) and provide to Environmental Programs Manager by February 1of
each year.
Provide necessary staff training based on California State Code of Regulations, Title 3
and annual IPM training to City staff on seasonally relevanttopics.
Pilot new least-toxic IPM strategies.
On-Going Responsibilities
Maintain and adhere to site specific IPM Plans using Attachment A-IPM Plan
Template.
Report all pesticide applications using Attachment B -Monthly City PesticideRecord.
Route monthly to Environmental Programs Manager.
Trial new least–toxic IPM strategies
Submit California State Monthly Summary Pesticide Use reports to CountyAgricultural
Department.
IPM Requirements
Pesticide Use
The following pesticides are prohibited from use: diazinon and chlorpyralid.
Contractors
Contractors will comply with all elements of the City’s pesticide plan and must
make arrangements with Department staff for reporting.
199
City of Saratoga Pesticide Use Record
Attachment B
Month Year
A.List all total chemicals (including baits) and biological/mechanical (traps, hoeing, mulching, release of predator, landscape design controls,etc.)
used during the previous month. Copies should be sent to the Environmental ProgramsManager.
Date
Specific
Location
Active
Ingredient
TradeName/
EPA ID Number
Quantity of
chemical used
Total gallons
of mix used
Type of
biological/mechanical
control
Type of pest/weed
targeted
City of Saratoga 7 of 10 IPM Plan 2002
200
City of Saratoga 8 of 10 IPM Plan 2002
Attachment C
Date:Company Name:Contact/Phone:
City of Saratoga Contact:
Saratoga Contractor Monthly Pesticide Use Summary
Month Year
1.List all total chemicals (including baits) and biological/mechanical (traps, hoeing,
mulching, release of predator, landscape design controls, etc.) used at each siteserviced.
Copies should be sent to the Environmental ProgramsManager.
Specific
Location
Active
Ingredient
Trade
Name/EPA #Quantity
Biological/
Mechanical
Control Target Pest
201
City of Saratoga 9 of 10 IPM Plan 2002
Attachment D
Department contact/ext:Date:
Annual Department “IPM Plan” Report and Pesticide
Inventory
Please complete the following information and submit to the Environmental Programs Manager
by February 1.
A.List all training attended that demonstrates compliance with city IPM training andstate
requirements. Include name and title of attendee, title and date of training, and brief
description of training. Also describe any training needs/requests for the comingyear.
B.List and describe the pest problem trends your Department dealt with this year,including
peak season problems and non-chemical/structural/landscape solutions that wereused.
C.Which IPM pesticide alternatives were considered and tested. Please explain the reasonfor
their inclusion or rejection for City use.
D.List goal(s) for the following year.
202
City of Saratoga 10 of 10 IPM Plan 2002
Annual Inventory
Attachment D2
As part of a City-wide “house cleaning” and sweep for chemicals prohibited by the IPM policy,
inventory chemicals in your storage areas and record and remove any of the following restricted
pesticides: diazinon, chlorpyrifos, and chlorpyralid. List below any restricted pesticides which
were found. Please write “none” if none were found.
Department Storage Location Chemical Formulation
Amount
(gallons,
pounds)
Total:
1450259.1
203
CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: February 2, 2022
Subject: Written Communications, Item 3.2
Following publication of the agenda packet for the February 2, 2022, City Council Regular Meeting,
written communications were submitted. The communications are attached to this memo.
204
From:Tina Walia
To:neal.casteel@gmail.com
Cc:James Lindsay; Britt Avrit; Crystal Bothelio; John Cherbone; DL - Council
Subject:Fw: Proposed Heritage Orchard RFP
Date:Tuesday, February 1, 2022 5:17:21 PM
Hello Neal,
Thank you for sharing your thoughts with the City Council regarding Agenda Item #3.2 for 2/2/22
meeting.
Your comments will be included in the public record.
Regards,
Tina Walia
Mayor, City of Saratoga
From: Neal Casteel
Sent: Tuesday, February 1, 2022 10:25 AM
To: Tina Walia <twalia@saratoga.ca.us>; Kookie Fitzsimmons <kookie@saratoga.ca.us>; Yan Zhao
<yzhao@saratoga.ca.us>; Mary-Lynne Bernald <mlbernald@saratoga.ca.us>; Rishi Kumar
<rkumar@saratoga.ca.us>
Subject: Proposed Heritage Orchard RFP
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Council Members,
I have read the staff report and the proposed RFP for the care of the
Heritage Orchard, wanted to state my objections.
The staff report identifies requirements that I believe are excessively
restrictive, and would prevent any other potential orchardists / bidders
from interest in the care of the orchard.
I further think that believe that the Heritage Orchard RFP proposal should
be impartial and without favoritism or discrimination and should focus on
fairness to any prospective bidder.
In particular, the staff report shows a bias towards the existing contractor,
requiring staffing that would be onerous for any prospective bidder (2 days
x 8 persons x 8 hours per day) for the main harvest weekend and 144
hours for 6 smaller harvest events (6 days x 4 people x 6 hours/day). The
focus should be in getting the best care for the orchard, committed to
creating a maintenance contract with neutrality, integrity, consistency,
objectivity, and legitimacy of the procurement process.
205
I would recommend that the City Council SHOULD NOT follow the staff
report recommendations on this RFP.
Neal Casteel
206
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Tuesday, February 1, 2022 1:19:23 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Norman Koepernik
Phone Number
Email Address
Subject Heritage Orchard RFP
Comments To Madam Mayor Walia and members of the City Council. I
would like to address what I believe are critical issues on the
RFP as written for the Heritage Orchard care.
My name is Norman Koepernik and I have been instrumental in
saving the Heritage Orchard from the onset. For, it was my
proposal as Chair of the HPC for this orchard’s survival. That
being said, my complaints are :
1) I am referring to the additions of task #8 and #9 on the RFP.
You have stated your wishes on the maintenance and the
community involvement in other areas of the RFP. However, you
are now dictating to the Orchardist, and, not allowing him to
provide his ideas, strategies, or creativity. You are not orchardist.
Your demand of hours and people should be removed.
2) Tasks #8 and #9 as written is limiting other bidders from
bidding, which is not helpful to the community.
3) Tasks #8 and #9 have already been addressed in the previous
RFP.
4) The RFP could eliminate your standard (boiler plate) items
that don’t apply and then tailor your RFP just for the Orchard.
Thank you
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207
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Tuesday, February 1, 2022 5:56:13 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Elizabeth J Holmes
Phone Number
Email Address
Subject The Heritage Orchard request for proposal needs to be fair and
impartial
Comments Saratoga City Council,
I’m writing this letter to request that the City Council reject the
request for proposal guidelines submitted by staff for The
Heritage Orchard in favor of the request for proposal guidelines
used for The Heritage Orchard’s last contract. The February 2,
2022 request for proposal guidelines favors one bidder and is not
in the best interests of the orchard.
Saratoga’s Heritage Orchard deserves professional management
by knowledgeable orchardists. It is not a landscaping project. It is
an irreplaceable part of Saratoga’s agricultural history. The
careful work of nurturing crops deserves equally careful
harvesting. Allowing the public to pick at will risks the health of
the trees and requires excessive staffing to manage the
proposed events.
If the Council intends to follow the 2020 Master Plan for the
Heritage Orchard, a plan that was approved by this council, it
needs a request for proposal that is fair and impartial. Please use
the guidelines stipulated in The Heritage Orchard’s last request
for proposal to make sure that orchard is managed by the best
possible contractor.
Thank you,
Elizabeth Holmes
(No, not THAT Elizabeth Holmes. She stole my name.)
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208
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209
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Wednesday, February 2, 2022 11:58:23 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Lisa Newman
Phone Number
Email Address
Subject Heritage Orchard Maintenance Contract RFP: Focus on Orchard
Maintenance and Fruit Production
Comments Dear Saratoga City Council,
The City Council should reject Staff’s recommended Request For
Proposal (RFP) for the Heritage Orchard, which emphasizes
Community Engagement and U-Pick harvesting in the Scope of
Work rather than professional care of the trees and fruit. The
February 2, 2022 RFP favors the existing landscape contractor
and is not in the best interests of the orchard.
The Heritage Orchard Maintenance RFP should be a clear
reflection of the 2020 Master Plan for the Heritage Orchard, a
plan that was approved by several members of this Council. The
Master Plan seeks to preserve and protect the heritage orchard
practices and optimize the fruit harvest. The poor condition of the
Heritage Orchard today demonstrates that a return to traditional
methods is urgently needed to sustain this unique resource.
Saratoga’s Heritage Orchard deserves professional management
by knowledgeable orchardists. It is an irreplaceable part of
Saratoga’s agricultural history and not a landscaping project. The
professional work of nurturing crops deserves equally careful
harvesting. Allowing the public to pick the Orchard risks the
health of the trees, does not optimize the quality of the fruit, and
requires excessive staffing to manage the proposed events.
The Council should direct staff to use the the Heritage Orchard’s
2021 RFP to make sure that the City receives proposals to
manage the orchard by the best possible contractor.
Thank you for your consideration,
Lisa Prince Newman
210
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211
CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: February 2, 2022
Subject: Written Communications, Item 3.2
Following publication of the agenda packet for the February 2, 2022, City Council Regular Meeting,
and following posting of written communications on February 2, 2022, additional written
communications were submitted and are attached to this memo.
212
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Wednesday, February 2, 2022 5:56:48 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Rick DiNapoli
Phone Number
Email Address
Subject Heritage Orchard RFP
Comments I am writing in opposition to the proposed guidelines contained in
the staff report for the meeting date of 2/2/2022 regarding the
Heritage Orchard Maintenance Contract and attachments. The
proposed guidelines severely restrict the autonomy of any
contractor and will result in many qualified contractors from
refusing to participate and submit a response to the RFP.
Specifically, requiring a certain amount of man-hours, hours of
operation, and the manner in which a contractor is required to
perform its duties will not only reduce the number of qualified
contractor, are factors that can cause the successful contractor
to be declared an employee of the city and not an independent
contractor. The economic result of such a finding would have
severe financial consequences to the city.
The requirements are are unnecessary and will result in favoring
one respondent over another, not based upon qualifications, but
rather on whether one contractor is willing to agree to follow
questionable and unnecessary time, place and manner
restrictions in carrying out the contracted duties.
Thank you for your attention
Rick DiNapoli.
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213
SARATOGA CITY COUNCIL
MEETING DATE:February 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Kayla Nakamoto, Administrative Analyst
SUBJECT:Community Event and Street Closure Grant Program for Fiscal Year
2022/23
RECOMMENDED ACTION:
Provide direction on funding for Fiscal Year 2022/23 Community Event and Street Closure Grant
Program, including secured funding recipients and allocations as well as total funding amount and
application timeline for the competitive Community Event Grant Program and Street Closure
Grant Program.
BACKGROUND:
In Fiscal Year 2013/14, City Council approved the implementation of the Community Event and
Street Closure Grant Program to assist local, volunteer-run events that help build a sense of
community in Saratoga. The program includes a competitive application process, as well as
secured funding for several traditional events/organizations, exempting these events/organizations
from the competitive application process. To qualify, events must be: volunteer-led; located in
Saratoga; free and open to the public; focused on Saratoga’s character, diversity, or history; and,
celebrate the community as a whole.
Each year (historically in late December), the City Council confirms the events/organizations that
receive secured funding as well as individual allocation amounts to these events/organizations for
the upcoming Fiscal Year. The Council also establishes total funding for the Community Event
and Street Closure Grant Program competitive process. For the current fiscal year (2021/22), the
Council allocated a total of $31,500 for secured community event grants, $22,000 for a secured
street closure grant, and suspended the competitive Community Event and Street Closure Grant
Program due to COVID-19.
Community Event Grant Program Secured Funding Recipients and Allocations
Staff is seeking direction from the City Council on any changes to the secured funding recipients
and allocation amounts for Fiscal Year 2022/23.The Saratoga Area Senior Coordinating Council
(SASCC) notified the City that they will not be holding a health fair that qualifies for the event
214
grant program next fiscal year and declined funding for Fiscal Year 2022/23. Secured funding
recipients and allocations for Fiscal Year 2018/19 through 2021/22 are noted below.
Secured Community Event Grant Funding 2018/19 2019/20 2020/21 2021/22
Blossom Festival $5,000 $5,000 $5,000 $5,000
Chamber of Commerce Events $8,000 $9,500 $9,500 $10,000
Classic Car Show $10,000
Fourth of July Celebration $2,500 $2,500 $2,500 $2,500
Hakone Matsuri $5,000 $5,000 $5,000
Memorial Day Observance $1,000 $1,000 $1,000 $1,000
Saratoga Community Band Concert in the Park $1,000 $1,000 $1,000 $1,000
Saratoga Village Development Council Events $3,500 $2,000 $2,000 $2,000
SASCC Health and Wellness Fair $5,000 $5,000 $5,000
TOTAL $21,000 $31,000 $41,000 $31,500
Street Closure Grant Program Secured Funding Recipient and Allocation
Like the Community Event Grant Program, the Saratoga Chamber of Commerce’s Classic Car
Show receives a secured Street Closure Grant and is exempted from the annual application process.
This grant covers costs associated with closing Big Basin Way, such as permits, signage, and law
enforcement. Staff is requesting direction from the City Council on any changes to the secured
funding recipient and allocation amount forthe Fiscal Year 2022/23 Street Closure Grant Program.
The secured funding recipient and allocation for the Street Closure Grant Program from Fiscal
Year 2018/19 through 2021/22 is shown in the table below.
Secured Street Closure Grant Funding 2018/19 2019/20 2020/21 2021/22
Chamber of Commerce Classic Car Show $22,000 $22,000 $22,000 $22,000
Competitive Community Event and Street Closure Grant Program
Staff is seeking direction and a total funding amount for the competitive Community Event and
Street Closure Grant Program for Fiscal Year 2022/23. The table below shows amounts allocated
to the two competitive programs since Fiscal Year 2018/19 as well as the total grant awards after
City Council consideration of applications. No applications for the competitive Street Closure
Grant program to close Big Basin Way for an event have been submitted in the last 3 fiscal years.
Competitive Community Event Grant recipients from Fiscal Year 2020/21 are also shown below.
Program 2018/19 2019/20 2020/21 2021/22
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Event $20,500 $19,000 $10,400 $9,900 $10,000 $9,550 $0 $0
Street
Closure
$13,000 $0 $13,000 $0 $13,000 $0 $0 $0
215
Competitive Community Event Grant Funding Fiscal Year 2020/21 Amount
Bollywood in the Park 2020 $2,000
IOOF Annual Easter Egg Hunt $1,500
Saratoga Symphony Concerts $1,050
Celebrating Differences Carnival $1,000
Sacred Heart Saratoga Community Carnival $2,000
Mitzvah Day at Congregation Beth David $2,000
TOTAL $9,550
Competitive Grant Program Annual Application Process
The proposed timeline for the 2022/23 application process is shown below if the City Council
allocates funds for the competitive grant program. Before the pandemic and suspension of the
Community Event and Street Closure Grant Program competitive application process, the City
Council directed the Library and Community Engagement Commission to review competitive
applications that meet minimum criteria and provide a funding recommendation to the City
Council. Consequently, staff has included Commission review in the timeline, but this may be
removed at the discretion of the Council. If the City Council did this, Council consideration of
funding requests could occur as early as April 6.
Date Milestone
February 2022 Open and announce application process
March 16, 2022 Application deadline
April 11, 2022 Library & Community Engagement Commission review
April 20, 2022 City Council decision
ATTACHMENTS:
Attachment A – Resolution 20-047 Community Event Grant Program Policy
216
217
218
219
Community Event and Street Closure
Grant Program
February 2, 2022
220
•Event Requirements:
•Volunteer-led
•Located in Saratoga
•Free and open to public
•Focused on Saratoga’s character, diversity, or history
•Celebrates community as a whole
Requirements
221
Event Grant Program Secured Funding Amount and Allocations to Events/Event Organizers
•FY 21/22: $31,500
Street Closure Grant Secured Funding Amount and Allocations to Events/Event Organizers
•FY 21/22: $22,000
Competitive Event Grant Program Funding Amount
•FY 21/22: $0
•Previous Years: roughly $10,000
Competitive Street Closure Grant Funding Amount
•FY 21/22: $0
•Previous Years: $13,000
Requested Direction for FY 22/23
222
Community Event Grant Program Secured Funding
Recipients & Allocations
Secured Community Event Grant Funding 2018/19 2019/20 2020/21 2021/22
Blossom Festival $5,000 $5,000 $5,000 $5,000
Chamber of Commerce Events $8,000 $9,500 $9,500 $10,000
Classic Car Show $10,000
Fourth of July Celebration $2,500 $2,500 $2,500 $2,500
Hakone Matsuri $5,000 $5,000 $5,000
Memorial Day Observance $1,000 $1,000 $1,000 $1,000
Saratoga Community Band Concert in the Park $1,000 $1,000 $1,000 $1,000
Saratoga Village Development Council Events (SVDC)$3,500 $2,000 $2,000 $2,000
SASCC Health and Wellness Fair $5,000 $5,000 $5,000
223
Street Closure Grant Program Secured
Funding Recipient and Allocation
Secured Street Closure Grant Funding 2018/19 2019/20 2020/21 2021/22
Chamber of Commerce Classic Car Show $22,000 $22,000 $22,000 $22,000
224
Competitive Event & Street Closure Grant
Program 2018/19 2019/20 2020/21 2021/22
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Initial
Allocation
Award
Amount
Event $20,500 $19,000 $10,400 $9,900 $10,000 $9,550 $0 $0
Street
Closure
$13,000 $0 $13,000 $0 $13,000 $0 $0 $0
225
Competitive Grant Program
Proposed Timeline
Date Milestone
February 2022 Open and announce application process
March 16, 2022 Application deadline
April 11, 2022 Library & Community Engagement Commission Review
April 20, 2022 City Council decision
226
Recommended Actions
1.Provide direction on any changes to the secured
funding recipients and allocation amounts for
FY 22/23.
2.Provide direction on the competitive
Community Event and Street Closure Grant
program including funding allocation and
application timeline for FY 22/23.
227
228