HomeMy WebLinkAbout11-02-2005 City Council Agenda PacketAGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 2, 2005
OPEN SESSION - 5:30 P.M.
ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE
JOINT MEETING WITH FRIENDS OF THE SARATOGA LIBRARIES
STUDY SESSION - 6:30 P.M.
ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE
ROTARX'S 50`~ ANNIVERSARY
REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
October 28, 2005)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-AEendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from the Friends of the Saratoga Libraries.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. Commendation Honoring Mr. John Tauchi
Recommended action:
Present commendation.
1B. Commendation Honoring Montalvo Arts Center
Recommended action:
Present commendation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2A. City Council Meeting - CIP Study Session October 5, 2005
Recommended action:
Approve minutes.
2B. City Council Meeting -Community Survey Kick-Off Study Session
October 18, 2005
Recommended action:
Approve minutes.
2C. City Council Minutes -October 19, 2005
Recommended action:
Approve minutes.
2D. Review of Check Register
Recommended action:
Approve check register.
2E. Approve and Order the Redemption of all of the Saratoga Public Financing
Authority's Outstanding Series 1943 Revenue Bonds
Recommended action:
Adopt resolution duetting NBS Local Government Solutions, to notice the Bond
Trustee on behalf of the Authority to proceed with the Notice of Redemption and to
continue to retain the services of NBS for the administration of the Leonard Road
Assessment Local Obligations.
2
2F. 14288 Chester Avenue -Application 06-092 Landmark Status and Mills Act
Agreement -Second Reading and Adoption
Recommended action:
Grant second reading and adopt ordinance.
2G. 14574 Horseshoe Court -Application OS-029 for Rezoning - SeCOnd Reading alld
Adoption
Recommended action:
Grant second reading and adopt ordinance.
2H. Zoning Text Amendment -Personal Service Business in CH-1 and CH-2 Zoning
Districts -Second Reading and Adoption
Recommended action:
Grant second reading and adopt ordinance.
2I. Contract Approvals for Citywide Landscape Maintenance
Recommended action:
Approve maintenance contract with Loral Landscaping Inc. and Gachina
Landscape Management.
2J. Motor Vehicle (MV) Resolution Prohibiting parking on Herriman
Recommended action:
Adopt resolution.
2K. Saratoga Public Library Project Phase II -Notice of Completion
Recommended action:
Accept the Notice of Completion.
2L. VTA Operators' Facility Project - Notice of Completion
Recommended action:
Accept the Notice of Completion.
2M. Hakone Gardens ADA Facilities Upgrade Project - Award of Construction
Contract
Recommended action:
Adopt budget resolution; move to declaze Robert A. Bothmann, Inc. to be the lowest
bidder; Approve construction contract in the amount of $239,500; Authorize City
Manger to execute the contract.
PUBLIC HEARINGS
(Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council's approval at the Council meeting
Capital Improvement Plan (CIP) - F.Y. OS-06 Update
Recommended action:
1. Review CIP project priorities reflecting Council direction from the CIP
Study Sessions held on October 5th and October 18ei and provide direction
to staff.
2. Open the Public Hearing for the F.Y. 05/06 CIP Update.
3. Continue Public Hearing to the December 7, 2005, City Council Meeting
to allow the appropriate review by the Planning Commission prior to final
approval of updated CIP.
OLD BUSINESS
4. Emergency Preparedness Status Report
Recommended action:
Accept report and direct staff to follow up on actions that will strengthen the
City's emergency response capabilities and enhance public education efforts.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Kathleen King
Association of Bay Area Govenunent
Hakone Foundation Liaison
Santa Clara County Cities Association
Santa Clara County Emergency Prepazedness Council
SASCC
West Valley Mayors and Managers Association
Vice Mavor Norman Kline
County Cities Association Leg. Task Force
Library Joint Powers Association
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Valley Transportation Authority PAC
Village AdHoc
Kevin Motan Park AdHoc
Councilmember Nick Streit
Recycling & Waste Reduction Commission of SCC
Santa Claza County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Councilmember Aileen Kao
Chamber of Commerce
County HCD Policy Committee
Peninsula Division, League of California Cities
Councilmember Ann Waltonsmith
KSAR Community Access TV Boazd
Northern Central Flood Control Zone Advisory Board
Sazatoga Historic Foundation
Sister City Liaison
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
1;')
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on October 28,
2005 of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location, The agenda is also available on the City's
website gt www.sarntoga. ca. us
28`" day of October 2005 at Saratoga, California.
CMC
I CITY OF SE+.RATOGA
CITY COUNCIL MEETING CALENDAR 2005 -2006
11/16 Regular Meeting -Joint Meeting with Historic Foundation
12/6 Special Meeting -Council Reorganization
12/7 Regular Meeting -Joint Meeting with Mt. Winery
12/Z1 Regular Meeting
1/4 Regular Meeting
1/18 Regular Meeting
2/1 Regular Meeting
Z/15 Regular Meeting
3/1 Regular Meeting
3/15 Regular Meeting
6
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~
PREPARED BY: ~` ' ~' DEPT HEAD:
Cathleen Bover. Citv Cle ~ Dave Anderson. Citv Manager
SUBJECT: Commendation Honoring Mr. John Tauchi
RECOMMENDED ACTION:
~,.-
Present commendation.
REPORT SUMMARY:
Mr. John Tauchi was recently awazded an Asian American Hero Award in the leadership
category from Santa Clara County Supervisor Liz Kniss.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Copy of commendation.
,~
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
JOHN TAUCHI
WHEREAS, on October 21, 2005, John Tauchi was awarded an Asian
American Hero Award in the leadership category from Santa Clara County Supervisor
Liz Kniss; and
WHEREAS, John has contributed his time, talent and leadership skills for
many years to organizations such as Saratoga Sister City, Hakone Foundation,
Japanese Taiko Group, The Bamboo Society, Saratoga Rotary, Saratoga Chamber of
Commerce, and the West Valley Japanese American Citizen League Senior Center;
and
WHEREAS, John has also provided the leadership and organization for many
group trips to Japan, China, and other countries in the. world in order to build
understanding between countries; and
WHEREAS, John has given generously of his time and talent in the North
County and other communities; and
WHEREAS, John's hard work and examples of services has inspired many
people not only to learn about other cultures but also to be volunteers themselves and
to help make a difference with neighbors, city groups, and other cultures.
NOW THEREFORE BE IT RESOLVED that the City of Saratoga does
hereby commend and thank
JOHN TAUCHI
for enriching our lives with a lifetime of service and dedication to this community
and organizations throughout the City and County.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on
this 2"d day of November 2005.
Kathleen M. King, Mayor
Saratoga, California
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005 AGENDA ITEM: ~ ,_
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: DEPT HEAD:
Cathleen Bover. City Cter Dav s
SUBJECT: Commendation Honoring Montalvo Arts Center
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation recognizes Montalvo Arts Center in its 75`s anniversary year and
express gratitude for its extraordinary contributions to our community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting ofthe agenda.
ATTACHMENTS:
`~ Copy of commendation.
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
MONTALVO ARTS CENTER
WHEREAS, Villa Montalvo was built in 1912 by James Duval Phelan, former mayor of San
Francisco and first popularly-elected U.S. senator from California, and during his life became a
center of artistic, political and social life for Northern California; and
WHEREAS, at his death in 1930, Senator Phelan bequeathed Villa Montalvo to the people
of California "for the developmem of art, literature, music, and azchitecture by promising students";
and
WHEREAS, in 1930, the San Francisco Art Association assumed trusteeship of the Villa
and soon after launched the artist residency program and opened and public gallery. Following
World Waz II, local citizens concerned about the future success of Montalvo joined together to form
the Montalvo Association and assume trusteeship. Today, this group of active citizens is known as
the Montalvo Service Group and continues to give countless hours to continuing Phelan's legacy;
and
WHEREAS, today the Montalvo Arts Centet is a nonprofit organization that enriches the
lives of more than 200,000 persons each yeaz through programs in performing, literary and visual
arts, artist residency and arts education; and
WHEREAS, Montalvo Arts Center and the historic Villa continue to play a vital role in the
city of Sazatoga by providing a home for beauty, creativity and exploration for the community,
keeping the arts in our local schools and bringing artists from around the world to our
neighborhoods.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sazatoga does
hereby proclaim the recognition and appreciation of Montalvo Arts Center in its 75d' anniversary
yeaz and express gratitude for its extraordinary contributions to our community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd day of
November 2005.
Kathleen M. King, Mayor
City of Sazatoga
SARATOGA CITY COUNCIL
MEETING DATE: October 5, 2005 AGENDA ITEM:
ORIGINATING DEPT: CITY MANAGER: ~"~~
PREPARED BY: `~~./-1~ DEPT HEAD:
Ann Sullivan, Deputy City Clerk Dave Anderson
SUBJECT: CH' Study Session Meeting Minutes
RECOMMENDED ACTION(S):
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
CIP Study Session Meeting -October 5, 2005
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Minutes October 5, 2005
bIINUTES
SARATOGA CITY COUNCIL
CIP STUDY SESSION
OCTOBER 5, 2005
DATE: Wednesday, October 5, 2005
TIME: 5:30P.M.
PLACE: Adult Care Center
19655 Allendale Avenue
Sazatoga, CA 95070
Mayor King called the Study Session meeting to order at 5:35 p.m.
ROLL CALL•
Present: Councilmembers Ann Waltonsmith, Aileen Kao, Nick Street,
Vice Mayor Norman Kline, Mayor Kathleen King
Also Present: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Michelle Braucht, Administrative Services Director
Kristin Borel, Public Works Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 5 2005
Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of October 5, 2005, was properly posted qn
September 29, 2005.
COMMUNICATIONS FROM PUBLIC
Oral Communications on Non-A¢endized Items
No one requested to speak at tonight's meeting.
CAPITAL IMPROVEMENT PRIORITY SETTING EXERCISE
City Manager Dave Anderson gave a brief explanation of [he Priority Setting Exercise
and how the exercise would proceed.
Public Works Director John Cherbone pointed out to Council Members that they each
had a stack of color-coded cazds noting proposed city projects and the cost of each
project. Council was asked to prioritize their individual preferences for each project by
placing the cazds in on the displayed Ranking Sheeet.
Council Members were also given blank cazds for projects that were not already listed.
A period of discussion took place and it was agreed that new project cazds would be
included in the exercise for:
o Gateway Calabasas Trail; projected cost - $100,000
o Historic Pazk Plaza Landscaping; projected cost - $40,000
o Heritage Orchard Perimeter Loop; projected cost - $25,000
o Gateway -Relocation of lazge oak tree (Signature Tree) from Orchazd to
Fruitvale; projected cost - $20,000
o Wildwood Pazk Water Feature Seating Bench; projected cost - $10,000
o Hakone ADA Project; projected cost - $22,000
o Maximize Parking Efficiency (at Civic Center Campus); projected cost - $25,000
o Increase City Hall Parking Lot Area; projected cost - $125,000
o Village Street Tree Lighting; projected cost - $50,000
Mayor Kathleen King asked if anyone from the public wanted to speak at this time.
Citizen Jill Hunter -Referenced the condition of the trees in the Village. She noted many
of the trees needed pntning. She also felt the little lights on the trees were very nice,
however, it is difficult to prune azound those lights. Suggested the City install "upward"
facing lights on a few trees and seek opinion from citizens and Village merchants as to
whether or not they like the "new look".
Mayor Kathleen King took this into consideration and suggested the tree lighting be
included as a project item.
Duector John Cherbone indicated $174,000 would be available for the 9 new projects.
Council Members completed their priority ranking exercise.
The meeting concluded with the direction that staff would provide Council the results of
the priority ranking and another CIP Study Session meeting would be scheduled to
finalize the CIP process.
AD.iOURNMENT
There being no further business, Mayor Kathleen King adjourned the Study Session
meeting at 6:55 p.m. and Council proceeded to Council Chambers for the scheduled
October 5, 2005 Regular Meeting at 7:00 p.m.
Respectfully submitted,
Ann Sullivan
Deputy City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: October 18, 2005 AGENDA ITEM:
ORIGINATING DEPT: CITY MANAGER: ®~L=~--""~
PREPARED BY:~/-i ~ DEPT HEAD:
Ann Sullivan, Deputy City Clerk Dave Anderson
SUBJECT: Community Survey Kick-Off Study Session Minutes
RECOMMENDED ACTION(S):
Approve minutes.
REPORT SUMbIARY:
Approve minutes as submitted for the following City Council Meeting:
Community Survey Kick-Off Study Session Meeting -October 18, 2005
,~,. FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Minutes October 18, 2005
MINUTES
SARATOGA CITY COUNCIL
CONIlVINiJNITY SURVEY KICK-OFF STUDY SESSION
OCTOBER 18, 2005 `"
DATE: Tuesday, October 18, 2005
TIME: 4:00 P.M.
PLACE: Patio Room
19655 Allendale Avenue
Sazatoga, CA 95070
Mayor King called the Community Survey Study Session meeting to order at 4.08 p.m.
ROLL CALL:
Present: Councilmembers Ann Waltonsmith, Aileen Kao, Nick Street,
Vice Mayor Norman Kline, Mayor Kathleen King
Also Present: John Fairbank, Fairbank, Maslin, Maullin & Associates (FNMA)
SueAnn McNei]-Biotti, FNMA Assistant
Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
John Livingstone, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 18.2005
Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of October I8, 2005, was properly posted on October 13,
2005.
COMMUNICATIONS FROM PUBLIC
No one present, duly noted.
Assistant City Manager Lorie Tinfow introduced John Fairbank and SueAnne McNeil-Biotti,
FNMA representatives from Fairbank, Maslin, Maullin & Associates; the company selected
to perform the community survey. Lorie Tinfow then turned the meeting over to John
Fairbank, representative from Fairbank, Maslin, Maullin & Associates.
Mr. Fairbank gave a brief history of Fairbank, Maslin, Maullin & Associates, and noted the
established successful surveys the company has undertaken in the past. Mr. Fairbanks noted
that they stay involved throughout the entire survey process and work to establish a strong
relationship with the community they are working for.
.~
A dialog took place regarding the survey and the needs of the community. Mr. Fairbank
noted their goal was to be objective by asking bipartisan survey questions on community
issues.
Questions were raised by Councilmembers regarding the community's interest in the
elimination of Kevin Moran Pazk and Heritage Orchard questions in the survey.
Mayor Kathleen King noted the survey needs to fmd out what is acceptable with the
community in terms of generating more dollars to meet long-term revenue needs.
It was noted that previous draft copies of the survey outlined more survey questions on
revenue raising. For each question added, one has to betaken out -the stuvey was already
too long.
Also noted, don't restrain from asking questions; rather ask a question than regret not
including a question that we wished to ask after the completion of the survey.
It was agreed by all to walk through the survey; question by question, page by page.
After continued dialog by Council, staff and survey representatives, as to which questions
would remain and which questions would be removed from the survey, it was concluded that
all questions pertaining to Kevin Moran Pazk and Heritage Orchatd should be removed from
the survey, and a number of other questions would be re-worded. It was also determined that
Fairbank, Maslin, Maullin & Associates would provide a new draft survey by October 25,
2005 to be presented to Council for further consideration, A second study session may be
scheduled.
AD.IOURNMENT
There being no further business Mayor Kathleen King adjourned the Community Survey
Kick-Off Study Session at 6:00 p.m.
Respectfully submitted,
Ann Sullivan
Deputy City Clerk
SARATOGA CITY COUNCIL
AGENDA ITEM:
MEETING DATE: 11/02/2005
ORIGINATING DEPT: Admin. Svcs. CITY MANA ER: ~~~
PREPARED BY: DEPT HEAD:
Usha Dhulipala
Michele Braucht
SUBJECT: Check Register for 10/19/2005
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 10/19/2005.
REPORT SUMMARY:
Attached is the Check Register for 10/19/2005. The checks were released on 10/20/2005. Payroll
checks were released on 10/13/2005.
T e of Checks
Date Starting
Checks # Ending
Check # Total
Checks
Amount
Account Pa able 10/19/2005 100539 100624 86 79,375.14
Pa oll 10/13/2005 31188 311213 26 116,964.02
TOTAL 196,339.16
The prior Check Register for 10/06/2005 ended with check number 100538.
FISCAL IMPACTS:
The following is a reduction to each of the individual fund cash balance:
and #
001 Fund Descri tion
General A/P Total YR t ora~ 1 oia~
29,462.45 27,563.12 57,025.57
150 Streets & Roads 2,265.26 14,661.91 16,927.17
180 LLA Districts
203 Greenbriar LS 450.00 450.00
216 Beaucham s LS 724,86 724.86
250 Develo ment Svcs 1,777.63 47,224.75 49,002.38
260 Environmental 22,592.06 5,258.17 27,850,23
270 Housin & Comm
.290 Recreation 14,958.74 17,548.04 32,506,78
291 Teen Services 212.14 2,625.00 2,837,14
292 Facilit O s _
293 Theatre Surchar e
310 Park Devel mt
293 Theatre Surchar e _
320 Librar Ex ansion _
351 Public Safet _
352 Infrastructure 1,932.00 2,083.03 4,015.03
353 Facilit 5,000.00 5,000,00
354 Park and Trail _
400 Librar DS
420 Leonard Road _
720 Cable TV
740 Parkin District #3
800 De osit _
800 De osit A c Fund
TOTAL 79,375.14 116,964.02 196,339.16
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
4
a
0
D
ry
m
°
DO i
qF
q
m
Hu
N
a
y
R O
C ti
aD
a~
4 r
~rv
0
m
X
m
0
~ q
a n
o~
o "y
m a
< O
a~a.
cm.F.
GaU
D
J
y
y
i S
m
i
g~
a
x
m
0
y
F~
r y
D
00
02
u
u
4 I
J
~F~
UGC
U i
z
m
O O m N O m o m P O O r N n P O D O p O O q
O O m m O O r N O O p r r O D O ° O O O m P T
0 0 o r m q o o n N o o m e o m a m e a m a
m .+ n m N m s m o 0 o r r
.• m m ~ m r • .. p r r N n n n .~ F ,..i
41 M M N a M a s Y
IX S • G W 4 iC • Y > F ; • ~ • ~ ~ • • ~
o ~ z ~ o ~ ,aaa ~ ° ~ pa~u ~ ~ ~ m ~ ~s ~ m ~ ~
- F O F F ~ F F F m F S m ~e pF O ~ F O C pF P F N_
F O i m m O ZZZ K i m .m]oo S O O W G KCyy S~ K P:
~ ~~ ~ p~ g Gn Gn 4n ~ z ~ : °s °p ~ ~ a ~ 3 o3 p~p ~ ~ ~
O J O B P D ~ 0~ 5 ~ D ~ a b
m m mPP m mmYl m m TP m
O O 000 O 0pp00 ZOZ O 00 O
w m w ~~ w r a 4~ W K tyf ty> U and
n N N'1 Op M rl nn N
ry m m N O O O O
r m N ry N N r m m D n M
n m' N n n m m YI O o f • N
n N n n n N n rv N n O n N
n .'~ „'~ .~ O n p q rl rA
m N N mmN m mN YI YI ry mYl N VI
i i ~ i l i i I l i i i l i i ~
N n O ~Opa O 000 ° ° 00 O m
N O O e'I n M O ° Ill m O
0 0 ° o o e D o O o o O
nap .~w
w .v w~ o .~ 0 0 0 .+ .~ w
° O 00° OYIm O P 00 O
0 0 0 0 0 o n o rv rv o n D o 0 0
N
N
n
0
0
O i
oz.
a
sd zip as
ao m°°
~> a
> Rt~
m r
ou om
i ~ N r
O~Z~ rvn
D
D
>~ i D4
m Y1mN m mVIN YI N Nm m Y1
O O O°° O ° O O O O D O O O
O NOO ry OOrv rv o ry0 ry °
~ ~~ ~~ ~ ~ ~
n ~ w\ ~ ~ ~ ~
Y N N N ~ 'I m N N N ~
ry \ rl N N N f „
N rl 'I \ N N N
a~\\ q
~ \
O ~ \~ e ~
yj ° ° h ~ O
e .
.
° D
~ o ~ O ~ o
U w Y
p .y
y U .~ w .~ r .• r
D O o O 0 y O O D O O O O O O O
o o 0
oo lo
t oDO zD O oo o 0
m
y a ~ M y
£
m ~ F U
Z
X F F y w a N w
F
i r
a
u y ~ m
q ppCC i y W
P y N h O° ry rl rv '.J n m m .~ Y n £ n c U V1 IX m
~
Fm ar
Sm 0
m
mnmm am Om.~p
ymmm ym
SD I~ in
S„ Umm
Umm is
Fm Fm
FM
aN
m 4lo U~ y'1N
gp00 ZZ
qo yri '1N
moeo {GN
Fe
60 fa rtl ei
,]00 ON
4o
yo
y° ~
° m O O
~ U D O D O y o k
mo
F
m°° £ e
F
uo
oo n
K ~
R 4 q
q
4 ££
4 0 4 C m m ~
y
0
°
n
e
e
n r
m
rv
m
m
°
r
n N
n
~ In D ~r I
il rv
'
m .l m a rv r o y m o rv o r o p m D y
m
° F O r1
P O P N y
N D ry
r O m O YI
e
m O N
o e Y
Db O m m
Orb ° T
o D r
Dvl
of o.
i e.
i .4n o
D mm n D D erv Dw
a
m
a
u
m
N
a
D
m_
m
m
~ M ~
x
41
dpi
[
+ O
O O
O O
q P p
O O
O D O
q 1f1 O
O O
O O
O O
O O
O O
N O
N O
O O
O O
O O
O N
q 1(~
q n m
d m '1
n O
O
O
{
'
'j
,
M^J i
G O ~ O
1I1
rl O
~ q
O
1- q
O
1~ O
O
O O
O
O p p
ry n
p q
Y1
O O
O
n O
m O
P
Y O
YI
! ~
N ry
N „ y~ N
~ P
N P
F q
!- ^ m
N q
b ~ ~
4m ~ q P
K
m i
N
O
O
ry
q
O
m
aF
G
m
yU
N
>n =F
~~
40 ~~i
4\+ m
~O
N
~~
x4
m i
V Z
u
u
~ q
m_
Dm.
ups
u
z
m
rcQm O H
~~~.... Fp4 m Ep4. N uFi p~ ^~m [p4. H m Epa. U Fp~ ~ Fp~ p ,"Fy. m F4
~ F L F w F ~~ F N F ~ ~ ~ F ~ F ~ F „ F ~ 3 F q F
Y Gym m K mm C qmq m K m m % m CC Gm m a C m 4 m p.
T
F ~ 5 c pa ~ ~ ~ ~u a
N P O O O n m P 1~ q O P p p
O H d UU U j O O O .i 00 .~
Z m V m m m a d W a ~ W m p
1f1 rl n P P
O N Y rOyN O n m w O O bm P
O m N nn O ~
ry P N 1(1 O 1p(1 P YI N P n
ti ~ N P Y O N n n O n N ry rv
P N b P 1m11 N N pl N N n n 1,1
N N N PN VI
Y1 N V qY1 O n O O O O mP
N O O O O 00 O o p O Y1 n n n
0 o m oo N o 0 0 00 0
.y n e bb 0 o nn n
0 0 o n ..~ r w w ,'~
O O N P P P O O O O O O O
O O n ry N N N O O O O O O O
N N N P Y1 N N N YI N 1f1 q N N
0 0 00 o a o O o 0 00
0 o m o o a o e o 0 0 0 0
\ \ N NN \ N N N N N. NN 'LN
\ \\ \ \ \ \ \ \\ O\
\ \ ~ n N °'~ m '1 ,y N N N N N
\ ~\ \ \ \ \o m .r n `.~ F .~
°~o. °r n ti°.~ n m o ~ 0 0 0
^ .~ F N .a w w
O O 00 O O O Oa~yD D 00 m0
O O O 00 00 O O O .y0 VIO 00 CO
N
a Z U y 4 m
m
~ q w
O
m O z~
r m
H m
m
~
4 ~ 4 a U
„ 4 2¢ S w b N ~ Y 4 M Z F m
~mmO~ 4
Fin 120 qr 4
Q
fGnrv m z m
m2 ~ 1I1 OiA F~ P/i p
mN m zry
N
O 4n
mN $m
YI YI [+PO
mr'IN mN
4n
~~ U H N A m q P T m O P q N m m K P P A
O ~
o D O O
ao
}o
mo zrN
00 0..i
Oe N
4 -.~
C 4w FN .~
E m.+.~ 4
~i
q ~
o
?
mo
q'o
O
No0
%o e
~o o
~o „o
IXo ra0
D O
e qoD
Yoe Oo
o N
~ q ~ ~
q
p
p y
~Dm i> UN U U U U V U C O u
Pi mo
m24~ipU
KCCO ZZM Nm
m(p b N
0 N
m ~ N
O O N 00 m0 (OO r401~ ~O m
a
IX
~
02 ~
ny o 0
'" N
OOO
o
m O p P\
Ob 1~\
On bP
N n1~N
non \
.an n
.i
2
~a.
0
-
~ em o o rH nu O\ O
O o o ~
m O„~
L O 7 O O~ O n n O p O P O O O\
O m ~
O O
KC ~m
a4u~o ~ 00
Dz oN 00
z oss a
0
ou eorv p~
o 000 q
oD OP
o oST o.i O
n G
m
.7
M
N
W
i ~ i
mm ^ N o O O O O N IO P P OO Oe OmOryOm N O, m n OO
PN N O O O O O O N O O OJIONOr Or O
[$+ a m O O b m N H O O O P m P N O M ^I N
M .'l ; ., .' r+. m n ra ~ P .-t m m m 1n r N r n m n
Q~; ~.~. N N N '1 'I N r N n m
~ '1 n M H
N N
a
x
N
O
O
n
P
O
F r a ~W 2 z a ?m °u o4
C b • 'aj • C [•. Oa0 E•. yS. rOi • EN. • ~ ~F y m ~u \ U ~ [•. i0 [•, •F
m m o~ O~ O v Pvqq~~ o m4 ~ 6~~ (J [~~Z6~~~ O `n O ~S O
FU OA F U F U F a F ~a F O F H F ICO.a ,aa F 4 F %M F S
m ~ oo m ~ H a .+aa u c
ZZ s o OaO ~ a o oe a Sa =~ Q a~'`, m a a a a" d EWE a Fw op w o °a m a s
4o F ~ aC ozoi m ~ r m N z Rraar y ~ ~ G ~ VRUi~vui z.~~.zi ozo T ro m%M ~ m
>rv sa ~ ~ > > ! > a ~s > m > > a4aaaa > U > xx >
O~ 41 pp pp pp pp ~'
ma wU i ~A m 5 O m~ ~ P m~O~O7 b P4 L
a\ fI~ PP m m. P P P PP PP m P Y
I(~y pj ~ 00 O O O 00 O 000000 O 00 C
Oi %F f U U %% F U ~FFaaa U %% o
Cpy~ aU' W a a as O a tgmUUU a aW E
ry ry O N n N N b m '1 N M ! N N
FD ~
ryry b O O NN N nMnlf! r NN O
~~ nm N p0 NN b NrrryNrv N Y1b O
M O mn NNNNI(1 N MM N
a o
% pry „ N N mN m O ryNNNryrv ! Np r~
m n M f 'f M b M M n N N N V M M
N N N d d N m N 1l1 b N V V b N Ili N b
[n ON O JI YI 00 P O NYI YIO ~O O 00
J$ nvtl V O O nM ei O ONNN r'i Mn
O O O O O O O O G O O N NO N O O O
O z~ M M N b 1p M m n O M n n O I O V I n
U I O O rtlN O O N~'I r'INNn O tiN
4 pYl O rv P Oe0 b N OOObNJI rv 00 O
Or"1 O N O N OOOnMn
YI YI b Y1 J1111 N b YI P b N JI VI
= b b N Y1 N
00 0 0 0 00 0 0 ooooom o O o
q o o n ry e o rv o o O o 0 0 0 0 0 0 0
ry N N ry
\\\ N N N \ \ N
% ~ ~ M N r n m \ \ \ F \\\ „ ~ e
UOI ryi Z
S ~~ ~ ~ ~ ~\ ~ ~ S ~~~~~~ ~ ~~ ~
0o O O maooooo mn oa .~
U ti r Noi :~ei .~ .+ H 4 w .+ .~ .~ r N (t .~ .r
% 00 Foo Oo 00 00 ~oooooo [iC+o 00 0
m oo ^ o o Om o0000o mo ~00 0
P ~ U ~ r
n „
n OZ ~ a N ~ U 2 O N
a a H S 4 D "' U a
ti iya~Z~ m m q.l Z•+ rvM f >b ZulbmrPO Orv arvn a~
£ ~PN aN m bq Vlpp ~ f 4NNrvNNm m aNlll
iRx r]PP 4P ~%(P ZPP [(]( Om aPPPPPP !qV F„YI ']O
O i zU NM Ue~ 4~ aM UaH ae UM NIINNNN ~ O a r'I 00
O p p.oo rro Fo a o E'~ me 4oe0ooo ~0 400
N 4~ a O ~ O O O (Y O ~ O N O E O O ~ e ` O ? 0 0 0 0 0 0 m O U O O aN O
P T~iO> Z OF
N xq U p ~ ~O
~M4im u an ~ 4 R a K 4 4
~~4 i> m ht o0 m a W W a !> t~N a 5rv
o a
m ~ ! "~ rv m
41 W i0U m ! o N .~.~! m N m m PoP b01
a~§[O I'jN nrl'1 d0 O POO m O mm~NP Om M~
l(a' O>> O 1~ ^'i~^ P O n O r r di SS N N O N rlm P P m P P O N m m
W~F ~~ ZN z' ~ o o.. oln ory o0 44 0~ omn nm
onin om 4 om o0 omen Pln lnP o.ry. oPn oU
on o~ on ry z
yyui> ~ emm cy on oev oUU a 0 on44446
N
N
P
O
m
4
D
V i
m i
wU
~]
N
O~
a .+
4a
w
~..
0
~a
w
m
u.
a
tim~
.°. u ~`a
m a
as ~[~O
aO„
za.F.
aaU
O N m O D O O P f m P P N P N C n N N O N N P n N m P m p N C O"C f m C N N P p m p
O N rl N n O r O C w m P O b b P N N P O r b w b N ."I b r n m O n O w N! N O n P N f b
m m
O C„! ~~ O P~ n~ C~ C b 0 0 0 m n r N m P! f w r'1 p! N N N ri b n~ b! C
N P N N p C p m M n m l m C N ."I N~ C w .-I .-I C p n w N l N N .4 N 'I
N C n ri N N N
a
Z £
m
a
m
UMi • aaF a NYm~]Si pO Fa+iwwt~9]ma mmm m mmm C~qN('
Za Z~ „uN N mpp hn0 ZpaaaOaUSaOL mmm m ammm N 4
X~~ ~ ~ O O U O m~~ F F' J .] ~ Z a 5 t wto~ a~ U q 4 LL O D O [p[p... 5mm ~ u m~ 0 0 b O~ f„[.. .0
a~a O ¢U¢¢U¢ R~OQ~~~4~~aaaGmm0a0,,M Z52F~~w FCFUmOmO~mU~ Op Oi~UUUmm~U
mam Z
a m a m O O~~ m~ .~ .ii .0 Z a w w C U i~ 2 U~ 0 a m 0 0 0 a w~„ 440 a a a a U O m m
as > upu fpsp pop pupaa ap pa po oou~ppsa~p pa mpp 4~pop puu pup p~po.ppa~Opa~aoGG Opp pop~upapa
774 ~OODOP~~PDO~~D~?~~DDPD~O~OP~b~D~~OPD~~OD
P N P m m m m P P m P P m m m m m m m P P m m P P m m m m m m m m P P m P P P P m m m
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
$xa °uu°ODUUUUUUUUUUUUUUUUUUUUUUUUUUUODUUUUUUUUu
aa~ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
V m .'1 M w r'1 w r1 m N b m ril r'1 rtl M w N ti r'1 .'1 N '1 r'I r'1 N N M N N M ri w N N r'I ."1 N rl N N
n w b N b b m b V m N m b N m m b b m N N m N N N N N N N m m m N N N N N N N N
rrM ddlNppe'Ir'I rl r'~NddNppllpnmMnNNNNmNNNNNNnNnmmN
NnN nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn
. .
N N N r'I w w w w w N n w w w w w N r'I w w~ N n n n n n n n n n n n n n n N N N m
nnn r1M'I ri .4 rlNwMwNMrl rlw i'1 rlM'I H r1MMMriM NrlMw ri rlMnnn
N n m N n N N N m N N N N N N N m N m N m m m m N N m N m N N m m N m N N N n N N m N
m O b N N n N n N N N N N O O O O O O O O N N N O O O O O O O O D O O O O O N N N m
N n w O O O O O O w r1 e1 r1 N ry N N N N N N N n n p m n n N m m V b b m V b V V 0 0 0 0
O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
nnn N'1wwHwrl ..wwweitiwn wwwwww'I '1 'ItiMMri M r1M'IMMrl rln nnn
M M b .4 M M r1 rl N M w M M rl '1 e1 r1 M .4 w w w M .i w rl !1 ei M w N N r1 rl n N N e1 e1 r1 N r..
Oo ow o0000oooooDOe OOOOOOODOOOOOOOOOOOOOVOOOOOo
O N O O O O O O O O O O D O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0
m
U
> N N N m N N m n N N m N N N N N N n N N n m m n N m N n N m m N m m m N N m N m N N m
m O O O O O O O O O O O O O O O O O O O D O O O O O O O O O O O O D O O O O O O O O O O
000 000000000oooooeo00oo000000oooooDOOOeeooo
F\ ry N N N N N N N N N N N N N N N N N N N N N N ry N N N N N N N N N N N N N N N N N N
~L \\ \\\ m m m m \\\\ \ \\\ \\ \ \\\ \\\\\ \\\ m m m m m \\ \ \\ \
mr~o mm„ mmmmmm„mm~~^mmmmmmmmmm ~~mmmm
L M N w N M .4 M H e1 ri M rl w r1 M w M ti ry M M M r'1 e1 N M r'1 rl w M M N r1 w
a \\o \\o\\\\\vo\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
>.o~°~w m°nnn°~~°O.~n.oi~°n.D..o..°~°~n°.~°n~:.°~.°o~ooo.oinw oy .°ooo
[O[...~
mpg
w u
W i
o~
O
ui
4
7
^m
Y4
UO
T
u
z
m
OZ
w
~~m°z
~ZU
0
;g>
~~
mono
000
2
O
a
m O
~ a
a am..m
Ywj wPPN
U.~w ~+
moDo
~ F D D D
a
z
m
i Z w n P
~0
2 ~~ .
i b f
o
oo
D
~ o i
.
w
i>
i O O ry N N
u
0 oooooeoo DO OOOO0oo0oooeoDOOeooooooee oaooeoo
>0 000000 000000000000 00oooooD000O o00
a
m
m
O d N C m N d O d N P P O r1 n b C m P O m 10 m r1 N n n r m P O e'I N b~ m P I~1 ^ ti m
. d d d d N N rv N N N d N N n N N N N b n d n N n n d o D o nl .+
uoooo00ooo0eaoo0oo00000000oooo0DOOOOD00oo
N N N N N N N N N N N N N N NO N N N N N N N N N N N N N N N N N N o N N N e N N
aoDOeeooODOeoOO ooeoooDOOOaoOeoe o00 00
~OOOOOOOOOOOOOOOOOOOOOOOOOO{O+Ea oEo o EOO{O-{O~FO {O+OOo
saa~~~~w mmmm~~~'w~ommmmmaommmS4".65~S~S~ObSSSmmm
wmmamwxa o.auc~oF~~~~hm4mF~mUAmN?.N1xSZOam4~
n a m N N N N n N n N N N N n N N N N N N U N N N N m O O O O O O O O O O O N N N
wooODOOOOOOOOOOOOOOOOOOOOOO\\\ry\\\\n\\ooo
\\ N\ N rv\ N N rv N N N n\ N N n\ N N rv N n N rv rv n N N N N \\
NNN N N
oNNNNNNNNNNNNNNNNNNNNNNNNNN\\\\q\\\\\\NN
O P P P P P P P P P P P P P P P P P P P P P P P P P P O O O O O O O O O O O P P P
%
m
a
N
N
O
F
U
N
.~
40
C.\i
ao
4\i
ggm"
Fo
g~
a
f-0
0
m
%
%
gowprrwwmmpongrmb f f ooo~ 0 0 0 0 „
b n m m m O n g n m N O q N M m N m ry ry V b p m b p O O O O rm1 ry n
m N O^ p m g r p m m m p p H O n q rym b b q ~ ~ O N ~ r r
Y1 p N N p~ N r n 'I N O O n m N N n V1 m O f b N
m N 'I nl ! ri ti ri rl N N M r n n p N
m
~~
Z £ ~
a4
K
m ~
o.
w ~
Say
FK
wV
m
U2
a
~O
m
om~
\F
uq
s
u
z
m
~O ~
oz
c oa
~ ~mKO~
£Wti
~2U
aaaQQ~~~ozoo
~~6im>
D % ~ m
z o~z°O~
4K OOi
aaOUi;w
U 4 2 N
y%%%% O%w 2 M
a r H H r F% 2 M H w w
av~vCF va[~[~ qq
gaaaagm~aaZ2 m4F00%4K
aaaaa40aaww ai%~.
~b50p a 07FFmcpw2m„
%%%%O1 6%%CI YInRmmqq
[[--..m 61Nm~m~m00£{.S[.a pF UX%
2~MrUiwO~%rUiH 3aN~4mV
UO pOO pOp O~Npp pOpOOppOGapKWNy
~7Ob~~bb~~?OP~~~S
m m m m g q q N m m m m q q q m q
00000000000000oop
smzz~maa~rcrceaaaas
.~rv rv.~.~n rriN rv.~a
b N ry N N N N N ry ry b b r ry N N r
! N m% m n m% N% p p m N N% w
nnnn nnnnnnnnnn
N N N N N N N N ry ry N N! p f! p
n n n n n n! p p p p m b V m N
Nm%%NmNm%m%I(INNNm
YI m% rv m O m~ 0~~ 0% m%~~
roNN Nn 'i x1000
O O O O O O O O O O O O O O O O O
n n n n n n n P!! p p m b m b b
N ~r~rIM00000000'Iw
OOOOOOONmmI/i Vlgggqq
O O O O O O O N ry ry ry ry ry ry ry ry ry
m N N m% m m N% VI m N N N N m N
O O O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N N N
\\\\m\\mmm\m\\\\\
m„mm mm M .r.m ~.r. .r.
.. ., ....
m0000000~00„~0~000
urlHw Mti N 'I w
O O O O O p O O p O O O O O p O O
'.f O O O O O O O O p O O O O O O O O
h
~a
V
mno.+annNn~onmm.pi .%io~
Uoooooooooaoogooo0
N N N O N N N N N N N ry N N N O N
Q000 opoOpooooop o
~ooooo0000oooooaop
zzzzzPZP]]zzzoXss
E Y N[ $- ~ F F C C Y Y Y i mC y 4 N y 5 T
wmwwwNOODUUUU
mZ£SZ SZSSS%
£% m%4mUp05w%n~u4i%
n m 4 m U G N VI m% N m N O O O O O
H O O O O O O O O O O O O\\\\\
m \\ \ ry \\ \\\ N N\ n N N ry N
N N N ry N NN ry N N N
D N N N N N N NNN \\ P\\
O g q q P P\ g q q q q q p O q P
q O O O
.] .i 4 U 4 O
4 a 4 ah 4 4 K F F F ~ F ~ R 2 F
F ~ ~ U F ~ H~~ F m F w ~ Z F 4 K
QC .] R C 4 C U C % 44 ~ w .oey~' M 4
m m ~pp ~ ~pp p~ ~ ~ ~ app > ~ ~ p°uQ j epOpn ^°^
P D D~ a O ',~ J b O
O F U U U U Y o O K C
m O e m m x a m K U U
N o000 rl pO
N M ri iy r
N m n n n
%YIm % m%
~ N p p p p N N p p~
n m b b m n b b m
% % m N m N I(1 p
N m % m m N O % m
pp O O O %
O O O O O O O O
n V b m m b b
~ f Op00 H O D
O % gggq O m q Tq
O N N N N N O ry ry N ry
%
F
U
D m % N%% VI N % m m
O P O O O O O O O O
N m N N N N N N O
.] N .Ni N M H n N rni N ti
P1 O K O ~ O~ 0 O y O
Nn F N n .~
% O UR O O O O O O O p P O
Up
H U „
m w
QaQ z
R K U E E X
m F ~ C 44' u
mm {Gm 2mmbb (n %% 4P .4Vm
Fq F mmm ~ Zm 5 mm
Fo Fo Ooooa p. op No mo Ooo
[%o %o o.Tttopop S mp -p ao
Z ~ ry ? y h
rUi
wrv
q o N O'1
O ! O ry i
N~ O nnn n O b D m O w N q.0
O O O r O m O m O O
O q O p p p p O O p O p e
O N O q ~ O N O b O ry p n
b C
w
.7
N
N
m h1
O
a z~
m
5
S 1
%6
1 m i
N
O
N
N
H
F
A
a
U
N~
N
o~
ao
R~
w
m
~o
~~
m
G
m
~~
F~~~
w.
G~
5
V
4
7
qm
~F
YS
UO
m
U
K
Z
m
T
O
m 02
.. yyp
rv i4tZ
o ~Zu
n 4~i a0
~Ea~>
ON
o w
R~U~ZOO
m~F;g~z
aa.+ ~ mr
a u~i
O O m H O O O O O O O O O O O O m O N n N N m m N n wI n N O N O m
O O m N O O O O O O O O O O O O P O N N O M O N N N O r O r N
r b ~ O O m m O O N D O N q ~ N^ b g q m V• r r f N
O b i N N N N ~ e m m eY f N m f O~ m n! n N
m N N N N N N N N '1 n •4 ri n N f N n N N
~ioo g ~ ° m amaaaaaaaggamagga
~ U
"50 m g 'a C~~~G~C~CC~~~CC
` a w oo
o
~
O saO~ o o°
x
~ N a a a k a
,.i
~
C
~
.
.y
N 4
~~++
~ 4 w
[y ~[
n
l 4(
-~ [~[nn 4[
~ w
f
+ R[n my
[~ ~~FFF~F~FF ~+~~
F
yS
M O q
O q
T
N Q p 5
l
T
R q
0 2 }
~
Z
MNMM ~
M N
M~
M
a Y F a
a H
MMMM Y T
YYYY I
•~ 'O H i
-1
t«[
++++ i ~y
I
NFIM
M
-I
m ~ u ~ ~ u ~
u w a a a a a a a a a u u u u u u u u u u u u u u u
" S 8
moo ~ o ~ a ~ ~ ~ g ~ ~ ~
~~~~~~~~~~~z a'
~i
N N q m w W m
k
m
i a > e > £ > i > e > >
~~~ ~ ~ ~ r .~ ~ ~ ~~~~~8~~~~~~~~~
000 m u u m o ~ooeoooooooooeo
.+ o .w C C o .i w .~ n .~ .~ .w w .~ .~ .~ r n n
UUU U U U O O U N UUVUUUUUUUUUUUU
aaa u a u s E a w aaaaaaaaaaaaaaa
ooD a o e e N o r DoOOOOOOOOOOOOo
w.~.+ o o D o D o e .~n.~.r n.~.+.~N.+.~nn
o nnnnnnnnnnnnnnn
nnn o a o f b
N N N N O N N N O n N N N N N N N N N N N N N N N
.
.
eVe •1 N M '1 '1 N N V!`leYYlee!lOYle
b b b .f Y M - rl nl e n V b b V w b m w m N V m V w m
N N N
i N
i f N
~ N
i N
i e
~
~ N N N N N N N N N N N N N N N
~ ~ i i l i i i i i ~ i i i ~
~~
N N N N N N N N N O N N N N N N N N N N N N N N N
000 0 0 0 0 .~ o N ooe000ooooo0oeo
0
Do 0 O o D o 0 o 0oooooeooooDODo
b b b w b .+ b w b b b w b b m b b b b b b
000 w o .~ o 000000oooooeooo
q T C1 O w O O 0 w O P P m T w w N w m m w w w N N
N N N O N O O 0 N O ry N N N N ry N N N N N N N N N
N N N N N N N N N N N N N N N N N N N N N N N N
ooD o 0 0 o O o 0 000000000000000
OoD 0 0 0 0 o O o ooOOODOOOOOOODO
N N N N N rv ` ry N N N N N N N ry N N N N N N N N N
rv
n „'I r'1 n N~ N N~~~ rv~ N N~~ N N
~ O O '1 ri ` r'I r'1 N N r1 N
\\\ \ \ \ \ \ \ \ \\ \\\ e \\ O \ \\
000 '1 O N '1 ~ 0 O O
O
L O
NO
M N
0
M
0
C
O
N M n
M
M
M
N 1
n I
I
i r
1
e
1
r1 N
i
r~
r
i
000 O O O O O O O 000000000000000
O O O D O O O O O O O O D O O O O O O O O O O O o
u
w
R
F Z
U W m yy
4 mm yy
4 C r
zN mf an a
s om mN r
a naNbrmmenrvnlNN
~
K d ar am e rrrrrrrmmmmmmm
m m m m e N w F m O O O T K P m m m m m m m m m m m m m m m m
a.. ., .+ ao n ~.. aD o w~+ Un Eti~.~~+rv~rv•+~+~+otirvn •+
Oooo ND zo 0 0 0
- o o 00000 0000
aDOOO 0
'
6 0 0 0 G O F O O •O N O ~ O fL O 0
O O O O O O O O O O O e O e
q
m F G O M
F = ~ z
N O o f w r
.
0 6 5
4q 4q .] 0 ~
n X D a K a O D £ E
ry N ry
6' a a •'I N n rl N rv N N ti n rv
~ ~
N m N b O N m b m N b
b N b r H w O O O m m w
o m N rn N n N n N e M N N N b
^
~
n
000 ..s o.+ rrv r£ w£ rv ryn w.
.P
iq.~n.~
Pgnn p.+a
N N P T n m O w N N m n m O m N P P ^ m
On O> ON Oi O> O> ON Ow Ori r'1 n n /,
00 m
0 0
p 00 m
0 m
o 0
m O
<
v
w
sa
oefe oZ 0
rv 0
Z mz e
Z 0
rv 0 evefe
eff
e
a
v
r
p
m
p
m
m
m
U
L
m nN
N P P O 0
m ~ p
O
0 O O O qr ry O N O O p0 p 00 O O O
~ O 0
m r O
0
O O O O N ry N O O O O O O O O V p
F
~ rp
'
^ T ~ n
y
n o ° m ~ ee
° ~
p M y
q ' r
i m m
N
m o ~ o iv a r r pn pr
$
Z
i
'~
~"~
r'I N
VI
N
N rv N
N N V
4
y Y H M
x
m
0
0
N
\
P
0
p U~
Up ~ ' ~ •
m ~
[y m
q > .. °° I°z n .~ m °
m
~ ~ a
z z ~
z .a
m N
2Z [.
q
O
] ~ ~m [
.
W~~ O N R
y
~
~ ~ m [
. Z
Z
~
~ [
. [
. E
~
i .
F U
F m O
F p O m
F R K
E V U
F O
F ~ 4
E O O Cm
H O O O m pp
m
u
.a 4
£
.]
O H
F
h>
a s F ~ F
.`..
. m ~. prcp ~$j` r~ Sm mm z Gm u
~ a U
Om Sa m Sm m
F Sm Qm Om
4o F ~ ~~ w
z z
44 Z
mm4 Z
o H
m
N Z C 2
m ~
n
~ ~ F
i
~ {.
m m
a
o
> p p
i
> z z m
> `
.
i
° Z m m a m Y ~
£ E >
p >
~ > > N > m U > a s > a >
~o Fui pp ~ ~ ~~~ ~~ C
~
a\
R
~
N~
m i
o o
~
m
m
~ q
a
o p
p
.
~
p ~ . 0 0
°
°
u
°
°
u
m z K C m
m a a a m a
e
x
a ° a~ as e
W
~ s m m
O o0
'IN o
O rvrv
O O
P q o r
' o .~.,
O o
QQyy O I
1N O
e ry b
.,ti y
mC
°1 p r .in.r p
y n
a
.~ O pd T n O
yn O m M
n NN m
m b N y N N O N P
b
yy p r1 rl
N n ry
n p nm b
N b b m
b
p y ymN p NVI N yy Nm
y N
O O N
O N O H O y m O O y y N y m YI
O~
Z1 O O
bb O O O O O O O O O O O O O O O
u m nn o bb m
U
/{' ~O
P m r.iN
O O iyNti O nl fl q H O O O O O
N N
N
O O O O O
O O O
rv O O
O O
N O
O P P
N N P q
ry N q
ry
NN N Py 'NNP N NVI N NN Y1N N
mi o
O ° Oo ooa 0 00
0 0 00 00 0
p 0
o o 0o 0
mo 0 mo 0 oe o0 0
x 4~ \` N rv \ N N N N N \ N \\ N rv N
ups n m n m\n n
m rv~
q r~
r
4 w
w
ry
r n
.+ i
n ry
~ .a
~ .
i ..~
S 00 0 \\ \\ \ \\ \ \\ ~ \
n
O m
°
° O mO
m K
° o Oo Oo 0
% NN n U
.
i .
i .
~ .
i .
y .
.
O
Z o0 0
o 00o goo o 0 0 00 0
m o0 0 ~
o 00o m 0
£o Zo 0 0O 00 0
m R H
o ° '
z ~ m ~ F m
z
a z
F ~ a
~mmOi m
r on mrvp y
n P mmn am b ~~rv ~py ma
£mZ~ m
m Cm ~ m nP OP Om >b
O CZU mII''mm „ N
Ory ~
qPa P
m
d /1' P Nm P m
I'Jm PP
m mP
p r~00 O U00 000 pp0 pm0 Zo m0 o~ ^ N
\
4 ~m~
moo
>o
oa
o00
9o
moo
qo
Fo
tioa O
moo O
0
~
P c~ oo
O QQ ~ zz z o s~ m
^ F
' i m D O 4 4 F Z K F m Z F
~~ ~~> £ Z a a a w a fag a d£Z d
rv .b m N
p m i m
rv m y £Z O
m .£ a~ 0 U O N r p Y n r P N O ry N q T O O O n r n
K O Z N N
n y~
R
m OOS
~ n.~ on ny grvon 0m n Or Pn nyn Prr N
6t~ >+
i p>Z i PP
N Oq OmN O ryry O rv N O f ON OO n Nry n
oo FF O
r'i O O U 4 O N n O p O O O o o O p p O N
a d
a ,m O m O CJ
p
d U~> ~ O p p O N O b .~ O
O CY O N O V V O b O N O N rI Opp O p
¢i
F
~d
„R
Y
5
O
H
O
m
m
P
N
N
m
O
4 O
a
m o 0 0 o r P m n o 0o n a e o m f o o p o 0o O n n 0 0
_~; o n a o p rv ~ o ~ N N n N O a P o n r n o 0
F r r n n aonn a rmi n o~ e m m n omp m o° mN r r°I °
~ N N
OO; N N f N N b N rv p p M~ N r1 fp P p p
n34~ N N a p
X
m
N
O
N
P
O
m N
F O .~C~CJ V1 m m mm
O ~ r F . F F F ~ ~ r ~ . ~ . w a .i i w . w .
K yq~ Z N N m M
X ~ 2 r7 4h ~ W K J f ~ ~ r7 r M ? .] .~
m ~ .. ~ « 4 xzz ~ N ~ '' ~ ~' ~ N ~ m~Nm ~ ~ ~e ~ ~ u
z ~ o m o00 4
F U ~ p F O F 1+ w I-~. ~ ~ F ~ F C F o F '0 m w Il F
m r d W h F F U ZF \ t) SOS tS9 rom SS Z (~
,f ~ i d d 44 q4 4 8m pK [f~-I K p FpQ~K'~ Fn K % U O O d ~ ~~q ~cW.I t~Q~'3 Z
O ~ o£o „ i F tm „pp ~ tL ,K~P~, ~ m p m Z ~ ry > pO ~ pE t pZ > ~ > > 2 > TW3j >
W~ NN ~ ~ 0 5mq~ ~ U~ K O POD C P~ Q
P O O 000 {] PO O
m n P~ K C I t S C ~ F K m m iG Y O 4
G, V d P P U ~ U m N
^4
~+ O p O ry ry N O m
~~ r NNN O n r O 000 O NM n
~ N N nnn O N N N pPf N NN N
X p ~ N N rv N N n
m n mnn a r n r wwn .Nr .rvin i
N NNN p N N rv NNN N NN
N N NNN N O O 000 N NN
O O ry N N 00 n O N N n n n '1
O rl O O O O O O N
u2 r n nnn b r ~ 00 0010 0 ~~ o
U O N N 'I O rl •y rl e1 'I M rl M O
4 m P o0o P o 0 0 000 0 0o N
N N 000 N O O O 000 O 00 rv
m N N NNN N N N N NNN N NN N
^ O O 000 O O O O 000 O 00 O
Om II o ry o00 0 0 0 00o O o0 0
Yi f( r \ ^ \ \ \ \ m \ \ S rv NNrv N N N N
UQ I N nnn nl n UN ~H NN nnn N nn N
S ~ \ \ \\o a mo NO FN N'IM O •4N \
U I :10 O 00 I<.10 OOO \ O\
1 ,ma¢ ei M M '1 I"I ri $ '1 m M V N H e1 rl M ^I H •4
m Co 0 000 o uo qo NNo 000 0 00 0
FO O f 4 w
n o Z i ~ ~ ~ m ZpF am. 4 O 4
a a o FU m p ~ U m
I mCO r mP m Qu O.+N ym'N ~n iliiOn So Nnp t.. ~pm IZ-Ip
m Z I V! P P Op p P ~/ P U N U m n P r r P 4' m p pi N
O I X U 4 r'I O N O w r+ N P P m '1 fl O '1 O P
4~+ 4o R•+ d0 N ~+ UN
rv ~ O No So .aooo mo [~o {~~'D ((~~o foo0 00 00
\i4cid; FFIO No u00o ZZZO Fo OFO 00 sOOO $O NN^oo ¢O
nmF rlO 4 .fi > N m ~ FF~++ mo ~jo U Z
~E O 6' K (4q m m NO NO
PN m n rv m mN
d £q£q 4~ D U r r N N O N r m p IX O
QCO ZOOr nr aN nrvnN o n pN Po NNUmin ~~ pmm .riry
M1(~„r O'JZ~ aN fn OONnN ON OTC OY ON NOrn Nm yr F
m O O H H 2 Z n O POP O rym O rp O y' O P O m '1 O .~ O rl N 00 Or
G'1• rmN On OON OOn 00 ^J pOOp OO 00m m
Lo.U ~ > ~ ON O f ONN N Ory b r] OO pff O•Ti Nrv Om
zF
O
E
O
m
r]
>
O
N
N
N
O
O
N
O
m
',
w
N
U
4 ^
6 Z
C
S~ '~
m 4 f
a
x
m
0
rv
\
.~
\
.r
ai
F
A
U
m
FU
w
~N Oi
D
o ~'
Cn FC
ao raU
R ~ O
m
~o
g~
m
a
~O
02
U
~ R
r
O N OD o 0 o a s a m o b m DD 0 0 0 o O b b e
N O O O O ry O q N O O O O O O O rl
q p O O O O f p N ry O O N p O O ! O D O O q n YI
O m N N r r b r y m ~ y N' N „ ~ ~ ~ YI ry N^
N N n mq m n Y1
.+ n n a
n nr
w r~ ~ U o U
O D ~ O ~ Oa0 O ~ O h ~ 4 iOi.. O E O O F ~ p m
O ag m a v a m m O a F ~ a S a u ~ i m m a i m 2 a~
~ w o ~ m ~ g h~ ~ g ~ ~ g .m 8 4 ~ ~ ~ _m ~ ~ $g~
> ~° r > w > pp a pup ~i u > T > ~ > pap > ~ > u ~ Fm GGFG
D O O ~ O b ~ C ~ o G ~ O
P m U N T N m T V a V
O C O O C O G O
Y u o u as a a c~ o m ~ o s F U
u m £ a m m u £ £ a £ w
,y o a o n w n n w O a
rv o o n w a m 0 o rv o
~n o o e e ~o rv e o o e ~e
1~1 O N O b N w M N N N N
N N N O N
~ V M ! H N r1 N N
N N Ill < N m w N YI
O O w N N b O Y1 O m YI N
O O O ~'IN O N N O O O
O O O O O O N O O O O
ri O N rr P O ri r1 b
O '1 H '1 N rl H N - N O
M O T 00 r1 O O O O O
O N O N O O O O N
N a o 0 0 0 0 o o
7
1 o o qa F
^m ~ O O O O 00 O O O O O O MO
~ ~ N ~~ ~ re rv rv N UN
1G4 i ~ \ \ r F m
U O i rv r o m r n .
i N ~'+
m r... .~ o .+ o w .~
\ o \ \ \ \
D 0
U Fo 'I O w O O . o o ^~
i .. .~ n ~ .~ .~ .~ . ,, ^ i n
z rv
0
0 00 O O O O O O DO
m ~0 0 00 0 D 0 0 0 o Fo
1
~ N 4
F
'~ O 20
~
"' F N 2 a
N w a m m qy
n a
! j ~ Y
~ H
' 2 .]
m M U
P
D
n
N N
~ m a O ~.J r m N U N O
m ry q
m N U
p
Z T~ QQ Y N N ~• m<
£ m Z~ K N
> O
am M
ZO ZP OAT mP ~ ~iC ^~ 4m mM O ~}P
Zu ~ O O r'1 Vl H'a „ „ O Z N O N £ O r~'1
'J g o O o o i O
o - o O
oD Go
2 mm 0 £ o G o ry o Z o > o
uu
>
0 ~o 00 ~D Z ti N £ m O
p
mmpi p 4 N N 4
.~ n F~ Z ~] U m w N 4 m .t N U' .] N w
q~m '+ O F D
w
o O
m ~
F m
F x
F 20
OO
~ m
> 4D
SD m
2
e~aR ~> wrv m rv N
O w m m m ~ m e b m
m £' a~ 0 U N O b N m b O O r P N m m m O N m
m
40 ~ Z 1-M O b{0 O P O mJ1 m Nm ~"~\ r1 N
m N
m
0
0 ~
C N ~ OY1 VI£ oN M b mry OH r£ Vr Pb
D m
Z
m N
p
c~ D
mUf~22z o~ 00 of on ooi~ 00 ow o> o~ o o
> 00
~ e' of on ono oo n Z o0 0~ o
00 of
iau~>
~ oR v r o O
SARATOGA CITY COUNCIL
MEETING DATE: November 16, 2005 AGENDA ITEM:
ORIGINATING DEPT: Administrative Svcs CITY MANAGE Dav Anderso~
p~p~D By; DEPT HEAD:
is raucht lche a Braucht
SUBJECT: Approve and Order the Redemption of all of the Saratoga Public Financing
Authority's Outstanding Series 1993 Revenue Bonds.
RECOMMENDED ACTION
By resolution direct NBS Local Government Solutions, the Administrator of the Series 1993
Revenue Bonds to notice the Bond Trustee on behalf of the Authority to proceed with the Notice
of Redemption, and to continue to retain the services of NBS for the administration of the
Leonazd Road Assessment Local Obligation.
REPORT SUMMARY
The City advanced $166,200 of General Fund money to make a debt service payment on the
Series 1993 Revenue Bonds in September of 2004. As a result of that payment, the City is
currently in a deficit position with respect to those Bonds of approximately $135,000.
Staff has sought the assistance of the original Bond Counsel, Orrick, Herrington & Sutcliffe,
LLP, to relief the fiscal burden of the City's General Fund. In the attached letter Daniel Bort
provides an executive summary of the situation, and the recommendation that the Series 1993
Revenue Bonds be called at the eazliest possible date. As indicated in Mr. Bort's letter, this
action will direct the Bank of New York to call and redeem all of the 1993 Revenue Bonds, and
remit the balance of cash on hand, approximately $126,000 to the Sazatoga Public Financing
Authority.
The Authority would continue to collect on the Leonazd Road Assessment District local
obligations until such time as the City has recovered all of its costs. Currently the Leonazd Road
District is committed to payments through fiscal yeaz 2012-2013.
FISCAL IMPACTS
Directing the redemption of the Series 1993 Revenue Bonds, will allow the City to immediately
recover approximately $126,000 of the $135,000 that is due to the General Fund.
Once the balance of $ 9,000 plus redemption costs and legal fees have been recovered it will be
at the discretion of the City Council to either continue the Leonazd Road Assessment as an
income stream to the City's General Fund to fiscal year 2012-2013, or to direct staff to relieve
the Leonazd Road Assessment's of its debt.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The General Fund will not recover the estimated $135,000 in cash until fiscal yeaz 2012-2013.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
Instruct NBS to give notice to the Bond Trustee on behalf of the Authority.
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A -Letter from Daniel Bort with Omck, Hemngton & Sutcliffe LLP
B- Resolution of the Saratoga Public Financing Authority Ordering Early Redemption of the
Outstanding Series 1993 Revenue Bonds
C -Resolution of the City Council Approving Ageement for Assessment District Assessment
Services
CC: MBS Local Government Solutions ~
O
O R R I C K
October 7, 2005
Members of the City Council
c/o Michele Bxaucht
Administtative Services Manager
City of Sazatoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Deaz Members of the Ciry Council:
ORRICK, MERRINGTON & SUTCEIFEE uv
THE ORRICK BUDDING
40$ NOWARD STREET
SAN ERAN USCG, CA 94105-2669
te! 415-773-5700
fox 415773-5759
W W W.ORRICK.COM
Daniel Bort
(415) 773-5438
dbortOOrrick.com
I have been asked to assist the City and the Sazatoga Public Financing Authority in connection with
the Authority's 1993 Revenue Bonds.
The City advanced $166,200 of its general fund money to make a debt service payment on those
Bonds just about a yeaz ago. As a result, the City is currendq in a deficit position with respect to
those Bonds of approximately $135,000.
After my first look at things, at the request of Michele Braucht, I felt assured that all the money that
needed to be present was present, and all we needed to do was straighten out some logistical kinks
with the Trustee Bank (The Bank of New Yoxk Trust Company), and we could get the Ciry
reimbursed fox the debt service payment it made out of its general fund last fall, and still be perfectly
secure with respect to the 1993 Revenue Bonds.
That still can be done; but I am now recommending a different, less expensive, and easier solution.
The Trustee Bank now holds, in the various accounts associated with this bond issue, approximately
$328,000. But the total amount of outstanding bonds is only $200,000. It will be a relatively simple
matter to instruct the Trustee Bank to use the funds it holds to redeem and retire all of the
outstanding bonds, and to refund the excess to the Saratoga Public Financing Authority, which can
then remit the money to the City. That still will not make the City whole; but the Financing
Authority still holds enough of the Leonard Road Assessment District bonds, and is itself receiving
payments on those bonds each year, that the City will be made whole within a few years.
Accompanying this letter are two forms of resolution, one for the City Council, and one for the
Governing Board of the Public Financing Authority, that may be adopted to accomplish the
recommendation.
The foregoing is the "executive summary;" what follows is the more detailed explanation.
DOCSSF1:839046.1
0
ORRICK
Michele Bxaucht
October 7, 2005
Page 2
Let me briefly explain the structure of the financing. Back in 1993, the City was going to issue two
small bond issues: Reassessment District No. 1993-1 (the refunding [refinancing] of Village Pazkiag
District #3), and the Leonard Road Assessment District. The undexavritex at the time suggested that
if the two issues were "pooled" into a single issue, there would be a savings of issuance costs. So the
issues were pooled, and only a single issue was offered for sale to the public -the Authority's 1993
Revenue Bonds. The way this was done is as follows:
First, the Saratoga Public Financing Authority was formed as ajoint-powers authority, by agreement
between the City and its own Parking District.
The City then conducted both assessment proceedings, but instead of selling those two small bond
issues (let us call them the "local obligations' to the public, it sold them to the Authority. The City
thus received the money necessary to refund the Village Parking District #3 bonds, and to construct
the Leonard Road street improvements.
Where did the Authority get the money to buy the local obligations? It sold its 1993 Revenue Bonds
to the public, and used the money it received from that sale to, in turn, buy the local obligations.
How was the Authority able to sell its Revenue Bonds to the public? By promising to use the
money it was to receive, as the owner of the local obligations, to make the payments of principal and
interest on the Revenue Bonds.
The last payment on the Reassessment District No. 1993-1 local obligations was a year ago. The
payments on the Revenue Bonds are now, correspondingly, much smaller. The Authority is
currently receiving revenue only from payments on the Leonard Road Assessment District local
obligations, and it is currently scheduled to continue to receive those payments (and to continue to
make payments on the 1993 Revenue Bonds) unti12013.
Why did the City have to use its general fund monies to make the debt service payment on the 1993
Revenue Bonds last fall? That is not entirely cleaz. The financing documents directed that as soon
as the Authority received any payments on the local obligations, those were to be forwarded
immediately to the Trustee Bank. The Trustee Bank then had the responsibility fox managing all the
funds and paying the holders of the 1993 Revenue Bonds. For whatever reason, that did not
happen on a consistent basis. The City appears at some point to have gotten into the practice of
holding the money the Authority was to receive on the local obligations, and then responding to
DOCSSF1:83904G.]
O
ORRICK
Michele Bxaucht
October 7, 2005
Page 3
notices, or invoices, from the Trustee Bank when payments became due on the Revenue Bonds.
This has not, to my knowledge, resulted in the loss of any money. The Trustee Bank holds
considerable funds (enough that the City's contribution, a year ago, should not have been necessary).
But, whatever the practices have been over the years; they somehow resulted in money accumulating
in Funds where it otherwise would not have. It would be an interesting exercise to trace exactly how
the money found its way into the various funds where it currently sits, but that could be expensive
and, under my recommendation, would not be necessary.
In my early negotiations with The Bank of New York to try to put things back in proper order, I
found it resistant to doing so. The Bank's representatives are extremely reluctant to remove any
money from a Fund (even if it should not have been put there in the first place), if the language of
the Trust Agreement does not specifically call for the removal. In fairness to the Bank, it does not
eam a lot of money from acting as a trustee and, of course, has a very legitimate desire to avoid any
possible breach of trust to the bondholders, or any taking of any action that might, under any
theory, expose the Bank to litigation. Governed by this extreme caution, it did not utilize funds it
held a year ago to make the debt service payment, and instead asked the City to remit the necessary
funds. To its credit, the City did so, although in my view the Bank could have, and should have,
used monies it already held for that purpose.
In preparing to fight this fight with the Bank, another approach suggested itself that would eliminate
the need for the fight, and actually be simplex and less expensive for the City. That is the
recommendation I will now explain.
As of the close of business on September 7, 2005, the Bank held the following funds for the 1993
Revenue Bond issue:
Redemption Fund $ 1,088.]7
Debt Service Fund 18,491.90
Reserve Fund 164,297.26
Expense Fund 43,517.68
Surplus Fund 112,685.87
Rebate Fund ---
Local Obligation Bond Fund 18.01
$340,098.89
On September 15, 2005 the Trustee Bank made a debt service payment on the Revenue Bonds of
$12,160.00. It used money in the Debt Service Fund to make that payment, reducing that Fund to
DOCSSF1:83904G.1
0
ORRICK
Michele Braucht
October 1, 2005
Page 4
$6,331.90 and the total amount it holds to $327,938.89. But there axe now only $200,000 of the
Revenue Bonds outstanding.
Of course the reason the Bank has so much money is because of the Ciry's payment of a yeaz ago.
Nonetheless, the City can direct the Bank to call and redeem all of the 1993 Revenue Bonds, and to
pay the expenses associated with that process.
This would accomplish a number of things. It would get the Bondholders and the Bank (and its
nervousness and resistance) out of the picture; it would stop the cost of paying the Bank its Trustee
fees every year; and it would stop the cost of paying the Bondholders 7% interest each year.
What are the financial ramifications of this fox the City?
The Bonds can be redeemed on 60 days' notice to the Trustee Bank. Interest is accumulating on the
Bonds at about $38 per day from September 15, 2005. The Bank's chazges for the eazly xedempdon
would be under $1,000. To retire the Bonds and pay those amounts would require less than
$202,000. Once the Bank expended that sum to retire the 1993 Revenue Bonds, it would remit the
remaining $126,000 it holds to the Financing Authority.
That still leaves the City in a deficit position with respect to the Revenue fonds of approximately
$9,000. But the Authority would then continue to receive each year the principal and interest
payments on the Leonazd Road Assessment District local obligations and, freed from any need to
use those amounts to make payments on the 1993 Revenue Bonds, would turn those receipts over
to the City for placement into the City's general fund right through 2013. The outstanding balance
on the Leonazd Road Assessment District is $40,000, and the Authority is earning 7.5% interest on
that, which is not bad these days.
The currently expected income stream to the City's general fund would be as follows, and includes a
$5,000 principal payment each September:
March 2, 2006 $ 1,500.00
September 2, 2006 6,500.00
Match 2, 2007 1,312.50
September 2, 2007 6,312.50
March 2, 2008 1,125.00
September 2, 2008 6,125.00
March 2, 2009 937.50
September 2, 2009 5,937.50
March 2, 2010 750.00
DOCSSF7:83904(i.1
0
ORRICK
Michele Braucht
October 7, 2005
Page 5
September 2, 2010 5,750.00
Mazch 2, 2011 562.50
September 2, 2011 5,562.50
March 2, 2012 375.00
September 2, 2012 5,375.00
Mazch 2, 2013 187.50
September 2, 2013 5.187.50
TOTAL $53,500.00
There would be a few expenses to be paid: my firm's NBS' fees, and a final rebate (federal tax law)
calculation; but those expenses will have to be paid in any case.
It appeazs that this solution is simpler and less expensive than trying to move The Bank of New
York to readjust account balances in a way it does not feel it is authorized, and hence is afraid, to do.
You will note that the City will receive, under this scenario, more than is necessary to make itself
whole with respect to this entire financing structure. That is a function of the way the financing was
set up by the underwriter. There is a "spread" between the interest rate the Authority pays to the
holders of the 1993 Revenue Bonds (approximately 7%), and the interest rate the Authority receives
on the local obligations (approximately 7.5%). That was designed, in the underwrites s structure, to
generate some amount of money for the City's general fund, perhaps to compensate it for the
trouble of doing the financing in the first place. Once the 1993 Revenue Bonds are paid off, the
Authority will be the only bondholder left -not of the 1993 Revenue Bonds, but of the Leonard
Road Assessment District local obligations. As with any other bond holder, the Authority is entitled
to be paid principal and interest on those bonds that it holds. There is no requirement that the
Authority stop collecting those payments once the 1993 Revenue Bonds are paid off and once the
City has been made whole.
Of course, if you have any questions, do not hesitate to have Ms. Braucht contact ma I would be
happy to appear before you at a Council meeting if you wish.
Very truly yours,
Daniel C. Bort
DOCSSF1:83904G.1
RESOLUTION NO.05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AGREEMENT FOR, ASSESSMENT DISTRICT
ADMINISTRATION SERVICES AND AUTHORIZING CERTAIN ACTIONS BY
CITY OFFICIALS AND STAFF
(LEONARD ROAD ASSESSMENT DISTRICT)
WHEREAS, The City Council of the City of Sazatoga finds and resolves; and
WHEREAS, In 1993 the City of Sazatoga, along with the City of Saratoga
Parking Authority, formed the Sazatoga Public Financing Authority (the "SPFA").
WHEREAS, In 1993 this City Council conducted assessment district proceedings
to form the City's Reassessment District No. 1993-1 (Pazking District #3) and the City's
Assessment District No. 1993-29 (Leonazd Road), (the "Assessment Districts").
WHEREAS, The City sold one bond secured by each Assessment District (the
"Local Obligations"} to the SPFA.
WHEREAS, At about the same time the SPFA issued its 1993 Revenue fonds
(the "Revenue Bonds") to the public and, in that connection, pledged the Local
Obligations and the receipts of principal and interest thereon to the payment of principal
and interest on the Revenue Bonds.
WHEREAS, The firm of NBS Local Government Solutions ("NBS") was
retained to administer the Local Obligations and the Revenue Bonds on behalf of the City
and the SPFA.
WHEREAS, The Revenue Bonds and the Pazking District #3 Local Obligations
have been retired or aze being defeased under their operative documents, and when that
process is completed, the City and the SPFA will have no further obligations with respect
thereto.
WHEREAS, A portion of the Leonard Road Local Obligation remains
outstanding, and is being transferred by the SPFA to the City.
WHEREAS, The City desires to continue to retain NBS to administer the
Leonazd Road Local Obligation on its behalf.
WHEREAS, The Agreement for Assessment District Administration Services
(Leonazd Road Assessment District) (the "Agreement") on file with the Cterk is hereby
approved.
WHEREAS, The Mayor of the City and the City Manager of the City and the
Administrative Services Manager of the City, and any of them, aze authorized to sign the
Agreement on behalf of the City, and the City Clerk is authorized to attest its execution.
NOW, THEREFORE BE IT RESOLVED THAT II1 addltlOri, ail Clty Off1CeTS,
and all members of City staff under the direction of the City Manager, are hereby
authorized and directed to do all things and execute all documents necessary and proper
to accomplish the defeasance and redemption of the Revenue Bonds as ordered by the
Governing Boazd of the SPFA, and to accomplish the receipt, by the City, of the
remainder of the Trust Estate established under the Trust Agreement executed in
connection with the issuance of the Revenue Bonds.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regulaz meeting held on the 2"a day of November, 2005, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen M. King, Mayor
ATTEST:
Cathleen Boyer, City Clerk
RESOLUTION NO.05-
A RESOLUTION OF THE SARATOGA PUBLIC FINANCING AUTHORITY
ORDERING EARLY REDEMPTION OF THE AUTHORITY'S
OUTSTANDING SERIES 1993 REVENUE BONDS
(MARKS-ROOS FINANCING)
The Governing Boazd of the Sazatoga Public Financing Authority resolves:
1. This Boazd approves and irrevocably orders the redemption, at the eazliest possible
date, which need not be an interest payment date, of all of the Authority's outstanding Series 1993
Revenue Bonds dated August 2, 1993 (the "Revenue Bonds"), under the terms of Sections 4.02 and
12.01 of the Trust Agreement for the Revenue Bonds, dated July 29, 1993 (the "Trust Agreement").
2. NBS Local Government Solutions ("NBS"), the Administrator of the Revenue
Bonds, is hereby directed to deliver a certified copy of this Resolution to The Bank of New York
Trust Company, N.A. (the "Bond Trustee"), on behalf of this Authority, which hereby directs the
Bond Trustee to give Notice of Redemption, under Section 4.02 of the Trust Agreement, and to
defease (under Article XII of the Trust Agreement) and to redeem (under Section 4.06 of the Trust
Agreement) all of the outstanding Revenue Bonds at the eazliest opportunity, using for that purpose
funds held by the Bond Trustee in the Debt Service Fund, the Redemption Fund, the Reserve Fund,
and the Surplus Fund, all established in connection with the issuance of the Revenue Bonds under
the Trust Agreement, as the Bond Trustee shall determine.
3. This Authority hereby directs that upon the defeasance of the Revenue Bonds, the
Bond Trustee, under Section 12.01 of the Trust Agreement, is to remit all remaining funds, moneys
and property that it holds in the Trust Estate appertaining to the Revenue Bonds, after first deducting
its own proper fees and charges as memorialized in an invoice delivered to the Authority, to the City
of Sazatoga.
4. It is intended that the Bond Trustee shall rely upon a certified copy of this
Resolution and be protected in that reliance pursuant to Section 9.06 of the Trust Agreement.
5. This Authority hereby assigns and transfers all of its right, title and interest in and
to the City of Saratoga Assessment District No. 1993-2 Limited Obligation Improvement Bond
(Leonard Road), as defined under "Local Obligations" in the Trust Agreement, to the City of
Sazatoga, effective immediately upon the defeasance of the Revenue Bonds.
6. NBS and all members of Authority Staff, under the direction of the Secretary, aze
hereby authorized and directed to do all things and execute all documents necessary and proper to
accomplish the defeasance and redemption of the Revenue Bonds as set forth herein.
A Resolution Of The Sazatoga Public Financing Authority
Ordering Early Redemption Of The Authority's
Outstanding Series 1993 Revenue Bonds
(Mazks-Roos Financing)
Page 2
PASSED AND ADOPTED at a regulaz meeting of the Governing Boazd of the
Sazatoga Public Financing Authority held on the 2nd day of November 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen M. King, President
ATTEST:
Cathleen Boyer, Secretary
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005 AGENDA ITEM:
ZF
Y/~~
ORIGINATING DEPT.: Communit~Development CITY MANAGER:
r ~
PREPARED BY: Shweta Bhatt. Asst Planner DEPT. HEAD: r,..res<
SUBJECT: 14288 Chester Avenue; Application 06-092 for Landmark Status and Mills Act
Agreement -Second Reading and Adoption ,
RECOMMENDATION
Grant the Second Reading and adopt the Ordinance approving landmazk status for the property
located at 14288 Chester Avenue.
BACKGROUND
On October 19, 2005, the City Council conducted a public hearing and introduced an ordinance
that will designate the property at 14288 Chester Avenue as a landmark property. The City
~" Council did not request any changes to the drag ordinance, and voted to place this item on
consent for a second reading and adoption.
CORRESPONDENCE
No correspondence has been received on this matter as of the writing of this staffreport.
ADVERTISING, NOTICING, AND PUBLIC CONTACT
Not applicable.
FISCAL IMPACTS
The City will incur aone-time cost of approximately $100.00 to have the bronze plaque made for
the property owner to mount on the exterior of the residence.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S)
The residence would not be designated as a landmark. Additionally, since the landmark status is
necessary to participate in the Mills Act, the future maintenance and rehabilitation of the existing
f
landmazk could be jeopazdized without the incentive of the tax break from the Mills Act
Agreement.
FOLLOW UP ACTION(S)
This ordinance or a comprehensive summary thereof shall be published 111 a neWSpapet Of general
circulation of the City of Saratoga within fifteen days after its adoption.
ALTERNATIVE ACTIONS
1. Deny the proposed ordinance;
2. Modify the proposed ordinance.
ATTACHMENT
1. Ordinance designating the subject property as a landmark.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SARATOGA
DESIGNATING THE PROPERTY KNOWN AS CASA DE
TESORO AT ]4288 CHESTER AVENUE AS A HISTORIC
LANDMARK
(APN 397-13-066)
The City Council of the City of Saratoga hereby ordains as follows;
Section I-Findings: After careful review and consideration of the report and recommendations
of the Heritage Preservation Commission concerning the property at 14288 Chester Avenue (the
"Property") together with the application and supporting materials, the City Council hereby
determines that:
^ The Property is identified with persons or events significant in local, county, state
or national history in that local architect Mr. Warren Heid has designed the
addition completed to the house in 1967. Mr. Heid has significant experience as an
azchitect in Sazatoga and has been providing his services to its citizens for many
years.
^ The Property embodies distinctive characteristics of a style, type, period or method
of construction, or is a valuable example of the use of indigenous materials in that
custom-made, authentic adobe bricks were used to construct both the original
house as well as the 1967 addition. Both the style and construction of the home
embodies early Californian style architecture.
• The Property embodies or contributes to unique physical chazacteristics representing an
established and familiar visual feature of a neighborhood or district within the City in that
the house is one of a kind in Sazatoga. It has been designed and constructed in a
distinctive style and resides in an upscale neighborhood with other unique homes.
Section 2 -Designation: The Property is hereby designated as a Historic Landmark pursuant to
section 13-15.060 of the Sazatoga City Code.
Section 3-Publication: This ordinance or a comprehensive summary thereof shall be published
once in a newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 19th day of October, 2005, and was adopted by the
following vote following a second reading on the 02d day of November 2005:
Ordinance No.
AYES:
NOES:
ABSENT:
ABSTAIN;
ATTEST:
Cathleen Boyer, City Clerk
Kathleen King, Mayor
Ordinance No.
SARATOGA CITY COUNCIL
MEETING DATE: November 2.2005 AGENDA ITEM: ~r -+
ORIGINATING DEPT.: Communi evelo ment CITY MANAGER: ~~Ci-~--~
PREPARED BY:~ ~.u ~- ~ DEPT. HEAD:
Deb r h o- c o ick AI P . Livi to P
SUBJECT: 14574 Horseshoe Ct.; Application OS-029 for Rezoning -Second Reading and
Adoption
RECOMMENDATION
Grant the Second Reading and adopt the Ordinance approving the rezoning of property located at
14574 Horseshoe Court as R-1-40,000.
BACKGROUND
On October 19, 2005, the City Council conducted a public hearing and introduced the
Ordinance for rezoning of the reaz portion of the property located at 14574 Horseshoe
~` Court (APN 397-20-094) from R-1-20,000 to R-1-40,000. The City Council did not
request any changes to the draft Ordinance, and voted to place this item on consent for a
second reading and adoption.
CORRESPONDENCE
No con'espondence has been received on this matter as of the writing of this staff report.
ADVERTISING, NOTICING, AND PUBLIC CONTACT
N/A
FISCAL IMPACTS
There are no negative fiscal impacts. Staff resources utilized to prepare the staff report and
process the application are charged to deposit funds provided by the applicant.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S)
The property would retain two separate zoning designations, which would result in an
inconsistency with the approved Residential Very Low Density (RVLD) general plan designation
,_ in the rear portion of the lot.
FOLLOW UP ACTION(S)
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
ALTERNATIVE ACTIONS
1. Leave the Zoning designation of the parcel as is currently shown on the City's Zoning
Map.
2. Modify and adopt the proposed Rezoning.
ATTACHMENT
1. Ordinance adopting the proposed Rezoning.
..i
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF SARATOGA REZONING
CERTAIN TERRITORY OF THE CITYOF SARATOGA, AND
AMENDING THE ZONING MAP FOR A PORTION OF APN 397-
20-94 (FORMERLY A PORTION OF APN 397-20-31)
The City Council of the City of Saratoga does ordain as follows:
Section 1. Findin¢s.
The City Council finds and declazes as follows:
A. The City of Saratoga General Plan Land Use Map has been amended to
redesignate approximately 40,903 squaze feet (.939 acres) in the reaz portion
ofparcel APN 397-20-94 from Residential Low Density to Residential Very
Low Density to conform with the existing General Plan designation and
zoning of the front portion of said lot, as described in attached Exhibit A; and
B. As demonstrated by the materials in Community Development Department
File No. OS-029, the redesignation and rezoning are consistent with the
adopted general plan, including the housing element and the sites identified in
the housing element aze adequate to accommodate the jurisdiction's share of
the regional housing need pursuant to Section 65584. Neither the
redesignation nor this zoning map amendment will reduce, require, or permit
the reduction of the residential density for any pazcel to a lower residential
density that is below the density that was utilized by the Department of
Housing and Community Development in determining compliance with
housing element law.
Section 2. Zoning Mau Amendment.
Pursuant to Section I5-85 of the Sazatoga Municipal Code, the City of Sazatoga Zoning Map is
hereby amended by reclassifying the approximately 40,903 square feet portion of Pazcel APN
397-20-94 (formerly a portion of APN 397-20-031) in accordance with Exhibit "B" attached
hereto and made a part hereof, by rezoning the site $om R-1-20,000 to R-1-40,000, which result
in the that portion of site to be in conformance with the Residential Very Low Density
designation of the General Plan.
Ordinance No.
Section 3. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 19th day of October, 2005, and was adopted by the following
vote following a second reading on the 2nd day of November 2005:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen King
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Ordinance No.
.............. .......
cxE F~wwr RESIpENTU1L .... .
I.ow oENaTY . .
ClE FAMILY RESSIENTLIL .. .
PERT LOW DENSITY . . .. .. .
aYlAIED ~.. .. .
NTIAL LOM D[}19TT ~• •. .•. .
u +DIY LOM GEN9M ........ ..... .
.~: ~~~: ~:]YT-20-Cp~: ~ :~:~: ~.~ ~
.......... L~BJ
)~
.... .... ... ..:m
+•..a
'.~~ q
FOR GENERAL PEAN
AMENDMENT
nESTFAU ENdrEms, INC.
uOeS SIG !A!N WAT, SNATOGA
,•.a
...... ~,_Z,.,, ........~
.....................
.................
OIIE90FNiML ~` ~Y~M9°a""" .... .
R-1-~0 9NOtL fAMLY RE9alITUL
® Rf9pFl/NL wrr pow oErmx ,•,~..•.~.•,~.
~nen w ec naaREV ........ .
~ima R-~-m ro n-i-w~ , ........................
..............
..............
...............
"/i
.~ ~ ..~ .
31'f'" E
PLAT MA
FOR
REZONI
r~sir~u c+aRmn.
1Ml7 RC !A!1 YMT, W
SARATOGA CITY COUNCIL
MEETING DATE: November 2.2005 _ _ AGENDA ITEM:
ORIGINATING DEPT.: ommuni Develo ment CITY MANAGER:
PREPARED BY: ~- DEPT. HEAD:
~~~
SUBJECT: Zoning Text Amendment -Personal Service Businesses in CH-1 and CH-2
Zoning Districts -Second Reading and Adoption ~
RECOMMENDATION
Grant the Second Reading and adopt the Ordinance approving the Zoning Text Amendment for
Personal Service Businesses in the CH-1 and CH-2 zoning districts.
BACKGROUND
On October 5, 2005, the City Council conducted a public hearing and introduced the
.", Zoning Text Amendment which provides a new definition of `Personal Service Business'
and requires a Conditional Use Pennit for Personal Service Businesses in the City's CH-1
and CH-2 zoning Districts. The City Council did not request any changes to the draft
ordinance, and voted to place this item on consent for a second reading and adoption.
CORRESPONDENCE
No correspondence has been received on this matter as of the writing of this staff report.
ADVERTISING, NOTICING, AND PUBLIC CONTACT
N/A
FISCAL IMPACTS
There aze no negative fiscal impacts. This zoning text amendment will enable the Planning
Commission to review each application for a personal service business in reference to the City's
goal to revitalize the downtown Village.
CONSEQUENCES OF NOT FOLLOWING
ACTION(S)
The `Sazatoga Village Plan' lists the encouragement of a town center mix of business
~" establishments as an objective for the Village. If the proposed zoning text amendment is not
adopted, then the City may not meet this objective.
FOLLOW UP ACTION(S)
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
ALTERNATIVE ACTIONS
1. Leave the Zoning Ordinance as it is currently written.
2. Modify and adopt the proposed Zoning Text Amendment.
ATTACHMENT
1. Ordinance adopting the proposed Zoning Text Amendment
~...+
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING PERSONAL SERVICE BUSINESSES IN THE CH-I AND CH-2
ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The City of Sazatoga's Village business district has long been recognized as an area that
has a mix of businesses that included a cross section of retail, service, restaurant, and
personal service industries that contribute to our residents' quality of life.
b. The City's Village Design Guidelines and Village Improvement Project both contain
numerous goals to create a vibrant downtown where the mix of retail and service based
businesses exist.
c. A nationwide economic recession has reduced the demand for many retail goods resulting
in retail business failures and increasing retail space vacancies in the Village.
d. While the total number of Personal Service Businesses continues to grow, our current
vacant retail space is being converted to additional Personal Services Businesses
compromising our desired Village business mix.
e. An increase in the existing number of Personal Service Businesses in the Village
potentially threatens the City's desired business mix of retail and service businesses in a
number of way, including, but not limited to, a concentration of Personal Services
Businesses which limit or exclude other retail activities, the decrease of vaned retail
opportunities thereby reducing the attractiveness of the Village to both shoppers and new
retail businesses, and ultimately jeopazdizing the ability of the City's retail areas to
successfully compete with other retail azeas in the region.
f. This Ordinance is not a project subject to the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can
be seen with certainty that there is no possibility that it may have a significant effect on
the environment. The purpose of this Ordinance is to require discretionary review of
previously permissible uses. Because it does not authorize any new uses it will not
indirectly or directly result in a physical change to the environment.
Section 2. Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
(example) and deleting the text shown in strikeout (example) in the sections listed below:
Ordinance No.
A. Section 15-06.585 `Service establishment' of the City Code is amended to read:
~c
n coc c ~ tt•..t...e
n .,~
~ ~
f >
i..., a~ ~nn~~
~i °P~'7
IS-06.585 Personal service business.
"Personal service business" means a use that sells any personal convenience
services directly to the public, including but not limited to, barbers, beauty salons,
nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners,
tailors, dog grooming, yoga studios, fitness centers and other services of a similar
nature. Personal service business does not include travel agencies, insurance offices,
law offices, or any other type of office use.
B. Section 15-06.560 `Retail establishment' of the City Code is amended to read:
15-06.560 Retail establishment.
"Retail establishment" means a use engaged in providing retail sale or rental of items
primarily intended for consumer or household use. Any use including a persona!
service business is a persona! service business and not a retail establishment
(a) Extensive retail establishment, as used with respect to pazking requirements, means
a retail use having more than seventy-five percent of the gross floor area used for
display, sales and related storage of bulky commodities, including household furniture
and appliances, lumber and building materials, carpeting and floor coverings, air
conditioning and heating equipment, and similaz goods, which uses have demonstrably
low parking demand generation per square foot of gross floor area.
(b) Intensive retail establishment, as used with respect to pazking requirements, means
any retail use not defined as an extensive retail establishment.
C. Section 15-19.020 "General regulations" of the City Code is amended to read:
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service
(including, but not limited to, conducting a delivery service) on-site between the hours of
Ordinance No.
1:00 A.M. and 6:00 A.M., in which event such use maybe allowed upon the granting of a use
permit pursuant to Article 15-55 of this Chapter:
(1) Retail establishments, except restaurants, mazkets, delicatessens, and any establishment
engaged in the sale of alcoholic beverages.
(3) Home occupations, conducted in accordance w1t)1 the regulati011S pTeSCTlbed lt1 ATt1Cle 1S'
40 of this Chapter.
(4) Pazking lots which comply with the standards for off-street parking facilities as set forth
in Section 15-35.020 of this Chapter.
(5) Accessory structures and uses located on the same site as a permitted use.
D. Section 15-19.030 "C-N district regulations" of the City Code is amended to read:
15-19.030 C-N district regulations.
(a) Permitted uses. Tn addition to the permitted uses listed in Section IS-19.020(a) of this
Article, the following permitted uses shall also be allowed in a C-N district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal Service Businesses.
(4) Religious and charitable institutions.
(5) Christmas tree and pumpkin sales lots.
E. Section 15-19.040 "C-V district regulations" of the City Code is amended to read:
15-19.040 C-V district regulations.
(a) Pennitted uses. hi addition to the permitted uses listed in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in a C-V district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal Service Businesses.
F. Section 15-19.050 "C-H district regulations" of the City Code is amended to read:
15-19.050 C-H district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts:
(1) Professional, administrative and medical offices and financial institutions, when located
either above the street level or at street level if separated from street frontage by a retail
establishment; and . (2) Personal Service Businesses that are
above street level, and personal service businesses that are at street level but do not have
primary access from Big Basin Way or across the front lot line.
Ordinance No.
(b) Conditional uses. Tn addition to the conditional uses listed in Section 15-19.020(b)
of this Article, the following conditional uses may also be allowed in the CH-1 and
CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this
Chapter:
(1) Professional, administrative and medical offices and financial institutions, when
located at street level and having street frontage.
(2) Theaters.
(3) Religious and charitable institutions.
(4) Mixed-Use Development conforming to the Design Standazds found in Article 15-
58.
(S) Personal Service Businesses at the street [eve[ that have primary access from Big
Basin N'ay or across the front lot line.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, pazagraph, 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-pazagraph, 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 declazes its express intent that
the remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Sazatoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
Ordinance No.
The foregoing ordinance was introduced and read at the regulaz meeting of the City
Council of the City of Sazatoga held on the 5th day of October, 2005, and was adopted by the
following vote following a second reading on the 2nd day of November 2005:
AYES:
NOES:
ABSENT:
Kathleen King
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Ordinance No.
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005 AGENDA ITEM: _
ORIGINATING DEPT: Public Works CITY MANAGER: ~~~
PREPARED BY: Jpo~h(~ C~he~rbopne DEPT HEAD: Jo n Cherbon n ~e
SUBJECT: Contract Approvals for Citywide Landscape Maintenance
RECOMMENDED ACTION(S):
1. Approve a maintenance contract with Loral Landscaping, Inc. in the amount of $1,265 per month
($40,480 total for term of contract) for landscape maintenance services at Congress Springs Park,
Beauchamps Pazk, Ravenwood Pazk, Azule Pazk, and the Village and authorize City Manager to
execute the same. The term of the contract is November 2005 to July 2008.
2. Approve a maintenance contract with Gachina Landscape Management in the amount of $8,350
per month ($267,200 total for term of contract) for landscape maintenance services at Landscape
~" and Li tin Zones 1 2 3 9 10 11 12 15 16 17 22 25 26 27 29 and Medians &
8h g ~ ~ ~ ,
Pazkways and authorize City Manager to execute the same. The term of the contract is
November 2005 to July 2008.
REPORT SUMMARY:
Recently proposals for landscape maintenance services were solicited for various azeas throughout
the City. These activifies include maintenance services at City pazks, medians, pazkways, and
Landscape and Lighting Zones. Two landscape maintenance contractors, Loral and Gachina,
submitted the lowest proposals for the majority of the maintenance areas. Both maintenance firms
haves served the City well in the past by providing a high level of service at a reasonable cost. The
outcome of the proposal process yielded monthly savings of $929.00 for park maintenance, $42.00
for median maintenance, and $221.00 for LLA Zones for a total monthly savings of $1,192.00 or
$38,144 over the term of the contracts.
It is therefore recommended that City Council approve two contracts one with Loral Landscaping
and the second with Gachina Landscape Management for citywide landscape maintenance services
and authorize City Manager to execute the same.
FISCAL IMPACTS:
Funding for both contracts is included in the adopted budget. Subsequent budget approvals will ''
be necessary on annual basis during the term of the contracts.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The contracts would not be approved.
ALTERNATIVE ACTION(S):
The Council could direct staff to solicit additional proposals.
FOLLOW UP ACTION(S):
The contracts will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
~..~
ATTACHMENTS:
1. Contract with Loral Landscaping, Inc.
2. Contract with Gachina Landscape Management.
2 of 2
CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Gachina Landscape
Mana¢ement, ("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULT8 TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on November 1, 2005,
and extends through June 30, 2008 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor's
Public Works Department Page 1 of 27
Standard Contract
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similaz to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXI3IBIT3 All exhibits referred to in this Agreement aze attached
hereto and aze by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certi£ed mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
Public Works Department rage 2 of
Standard Contract
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
John Felipe Zamudio
Gachina Landscape Management
1130 OBrien Drive
Menlo Park, CA 94025
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Sazatoga
13777 Fruitvale Avenue
Sazatoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Sazatoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
-The remainder of this page is intentionally blank-
Public Works Department pie
Standard Contract
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONT CT R:
By. Date: ~ `~-
Prin Name: John Gachina
Position: Owner/President
CITY OF SARATOGA, a municipal corporation
By:
Name: ,Dave Anderson,
Title: City Manager
APPROVED AS TO FORM:
City Attorney
Date:
Date: C ~ f ~ 1 C~
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:
Administrative Services Director
Date:
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
City of Saratoga/Standard Contract Agreement Page 4 of 26
My Documents/Contracts
9/15/04
EXHIBIT A
SCOPE OF WORK
I. GENERAL CONDITIONS
A. It is the intent if these specifications to present and maintain all
areas as outlined in a clean, orderly and thrifty manner for pubic
use. The term "Parks Supervisor" shall mean the Pazks Director
or his designated representative.
B. OBLIGATIONS OF THE CONTRACTOR
The Contractor, at his sole cost and expense, shall perform all
labor and services and furnish all the materials, tools, equipment.
Supplies, transportation, utilities, and pay all taxes as necessary
for the performance of the scheduled work in accordance with
these specifications. Unscheduled work, except for an emergency
situation, shall first be authorized by the Parks Supervisor and
shall be performed by the City in a manner mutually agreed to
between the City and the contractor. Should an azea undergo
major irrigation or planting renovation that significantly alters
Contractor's work load, the contract amount may be adjusted
.accordingly with the agreement of both parties.
C.
All material and workmanship shall be of the highest quality
possible. All work shall be subject to the satisfaction of the Pazks
Supervisor, who may exercise such control of the work as is
required to safeguard the interests of the City and private
property.
D. SAFETY
The Contractor shall plan and conduct the work in a manner that
will safeguazd all persons from injury including the contractor's
own employees, and shall take precautions required by all
applicable governmental regulations.
E.
The Contractor shall conduct the work required in such a manner
as to cause the least amount of interference to the public and the
general operations of the City.
Public Works Department page 5 of 27
Standard Contract
F. WORK SCHEDULE
All work schedules of the contractor shall conform to all
applicable City ordinances and shall be designed in a manner
to provide the desired level of service. All work schedules shall
be approved in advance by the Parks Supervisor and may be
required by him to be modified at any time in order to achieve
the desired level of service.
G. LIABILITY FOR DAMAGES
The Contractor shall be fully responsible for any and all
damage done to public or private property that results from the
contractor's operations. 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; herbicide
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 Parks
Supervisor 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.
H. PROTECTION AND SECURITY OF WORK SITES
The Contractor may be responsible for the protection and
securing of certain work sites. This may include opening and
closing of said sites. The Contractor shall obtain the necessary
keys from the Park Supervisor for use in securing all gates and
locks associated with said sites.
I. RESPONSE TO INQUIRIES. CALL AND EMERGENCY 8ITUATIONS
The Contractor shall be required to respond promptly to any
emergency situations reported by City staff. The contractor shall have
the ability to be contacted at all times by two-way radio service or
paging service.
Public Works Department Page 6 of 26
Standard Contract
I. SPECIFIC CONDITIONS
A. LITTER CONTROL
All areas, including drainage inlets, pipes and paved areas, Shall be kept
free of all trimm;ngs, grass cuttings, and litter, including broken glass or
other such debris. The City shall provide trash receptacle at various
locations for the proper disposal of litter; the contractor shall be
responsible for emptying these containers on a specific schedule as
shown in Exhibit "A", attached hereto and made part hereof. The City
shall provide lazge refuse bins for the disposal of this litter at specific
sites. All individual trash receptacles shall be maintained in a clean, safe
and sanitary condition at all times. Any and all trash liners used shall
be supplied by the contractor, at the Contractor's expense.
B. MATERIALS TO BE PROVIDED BY THE CONTRACTOR
The Contractor, at his own cost and expense, shall furnish all necessary
equipment, supplies and materials of good quality and in the amounts
necessary to fulfill these specifications and to accomplish an acceptable
and professional level of maintenance.
These supplies and materials shall include, but not be limited to:
• All necessary gas, oil and parts for all equipment.
• All necessary pesticides including: fertilizers, herbicides,
insecticides, fungicides and rodentcides.
• All necessary horticultural supplies.
• All parts necessary for the repair and proper maintenance of all
irrigation systems.
C. IRRIGATION
Irrigation shall be performed as required to maintain proper plant growth in all
azeas. This shall include manual watering by use of hose bibs, quick couplers,
skinner lines and/or drip systems in addition to, in conjunction with, or in the
absence of automatic irrigation systems. Watering shall be accomplished at
times of the day or night to ensure the health of all plants, such that the
inconvenience to people using the area will be kept to a minimum. Automatic
irrigation shall normally take place at night or early morning hours. Any water
runoff or overflow onto roadways, sidewalks, and hard surface azeas shall be
kept to an absolute m;n;mum so as not to cause
any pedestrian or vehiculaz hazards.
Irrigation water shall be cazefully applied in qualities required by the different
plant species, time of year and other basic environmental factors. The effect of
the watering program shall be checked weekly by the Contractor, ensuring
plants aze trimmed so as to allow each sprisskler nozzle to function in a fully
unobstructed manner.
The Contractor is to conduct manthly irrigati0n CheCkS Of 211 COritr01lCTS aCld
report any repairs or concerns to the Pazks Supervisor prior to any work being
done. Any repair or replacement is to be considered an extra and may not be
dorie without prior approval.
All non-calsense irrigation controllers shall be turned off during periods of rain
by the Contractor and turned on and reprogrammed at the completion of each
rainy period at the discretion of the Pazks Supervisor.
All non-calsense irrigation controllers aze to be programmed by Contractor in
accordance with schedule set by Parks Supervisor.
The Contractor is to make any programm;ng changes requested by Pazks
Supervisor to any non-calsense controller. Changes to non-calsense controllers
programs may only be made with the Parks Supervisor's authorization.
The City will schedule, program, make program changes and monitor on/off
situations due to rain for all calsense irrigation controllers.
The City shall pay the costs for water and power.
D. FERTILIZATION
All turf grass shall be fertilized by the Contractor four times a
year, on a schedule to be approved by the Pazks Supervisor. All
shrubbery and groundcover shall be fertilized on a yeaz, in April.
Supplemental fertilizer applications for shrub and groundcover
areas showing poor growth may be requested by Pazks Supervisor
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 Pazks Supervisor shall be
notified with a written schedule one week prior to the date of the
application by the contractor.
The turf grass fertilizer shall be a complete commercial fertilizer,
with micronutrients or approved equal, evenly broadcast at the
rate of six (6) pounds per thousand square feet per application.
The shrub/groundcover fertilizer shall be an organic type fertilizer,
Gro Power Plus 5-3-1 or approved equal,
evenly broadcast at the rate of fifteen (15) pounds per thousand
square feet.
E. SOIL AERIFICATION
The Contractor shall be responsible for soil aerification for all turf
grass azeas one time per yeaz, in September. Aerification shall be
dome with apower-driven or tractor-pulled aerifier using a '/~ inch
coring tine. The Parks Supervisor shall be notified with a written
schedule one week prior to the date of aerification commencement.
F. THATCH REMOVAL
The Contractor shall be responsible for the removal of thatch
buildup in the sod layer one time per yeaz, in April. Thatch
removal shall be performed in two directions with apower-driven
verti-cutting machine. All grass clippings associated with this
process shall be removed from the site and disposed of at the
Contractor's expense.
G. PESTICIDE APPLICATION
The Contractor shall be responsible for the control and elimination
of weeds, insects, rodents and diseases affecting all plant material.
The Contractor shall possess all permits and licenses required by
the State of California, Department of Food and Agriculture, prior
to the application of any pesticide. Any pesticide used shall be
listed on the State of California, Department of Food and
Agriculture'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. In addition, all pesticides used must have the
written approval of the Parks Supervisor prior to application. The
Contractor shall notify the Pazks Superintendent three (3) days
prior to application of pesticides. Upon completion of the
application, the Contractor shall submit to the Pazks Supervisor a
copy of all pesticide use reports. Material safety data sheets must
be provided to Parks Supervisor for all pesticide and herbicide
products used and updated as new products are used. At the end
of each contract yeaz, Contractor must supply in writing the total
amounts of each individual pesticide used on City property during
the previous 12 months.
H. WEED CONTROL
All turf grass areas shall be treated for broadleaf weed control
twice a year on a schedule and with a product to be approved
by the Parks Supervisor. All shrub bed areas shall be kept in a
friable condition and free of weeds. Shrub bed weeds shall be
attended to on a weekly walk-through basis and may be
controlled weekly by herbicide or hand weeding.
All fence lines, light standard bases, tree wells, buildings and
structures, shall be kept free of all weeds. Herbicides may be
used for weed control upon prior approval of the Parks
Supervisor.
I. PRUNING AND EDGING
The Contractor shall be responsible for the pruning of all
shrubs and groundcover. Shrubs shall be pruned at least twice
yearly to the satisfaction of the Pazks Supervisor. Pruning shall
be done according to the natural growth of each individual
plant to maintain proper plant health by cutting out dead,
diseased or injured wood, and to control growth when an
unshapely shrub might result. Pruning may include a severe
cut-back to regenerate growth at the discretion of the Parks
Supervisor to plants that require such attention. All
groundcover shall be edged as needed to prevent overgrowth on
streets or sidewalks. All plant growth shall be prevented from
entering onto walkways, roadways, hard surface areas, and
along fences and walls. Edging shall not be done by chemical
methods, unless an approved growth retazdant is utilized.
J. MOWING AND EDGING
The Contractor shall be responsible for mowing and edging all
turf grass areas. The turf grass shall be mowed to maintain a
height of no more than two (2) inches or less than'/, inch. No
more than 1 /3 of inch turf height to be cut during one day's
mowing. Mowing shall normally occur once a week during the
growing season to maintain the proper height. In the event
that a scheduled mowing is missed due to inclement weather or
other unavoidable situation, the Parks Supervisor may require
the Contractor to mow twice in one week. This request will be
made at the discretion of the Parks Supervisor based on plant
health requirements. All turf grass shall be edged along
sidewalks, paved and hard surface areas as necessary to
Public Works Department Page 1
26
Standard ContraM
prevent an overgrowth. Edging shall not be done by chemical
methods, unless an approved growth retardant is utilized.
The Contractor shall be required to pick up and dispose of
grass clippings after each mowing operation at all locations.
Sidewalks and street areas to be cleaned free of clippings after
each mowing.
K. TREE MAINTENANCE
The Contractor shall provide proper watering of all trees, where
water is available, whether done by automated irrigation
systems or manually with the use of hoses. Trees shall be
maintained in an erect, upright manner and shall be staked as
necessary to maintain this position. Pruning and trimming of
trees shall be limited to removal and disposal of any dead
and/or broken branches and any sucker growth located in or
on the tree. Tree limbs and branches must not hang lower
than twelve (l2) feet over sidewalks, streets or pazking areas.
The Contractor shall remove or loosen any and all tree stakes
and/or ties whenever damage to the trunk is being caused by
girdling.
L. VANDALI8M AND THEFT
The City shall be responsible for any acts of vandalism and/or
theft, caused to areas maintained by the contractor. The Pazks
Supervisor shall be notified immediately by the Contractor of
any committed acts of vandalism and theft.
M. MEDIAN MAINTENANCE
Maintenance shall include not only all horticultural and
irrigation services, but also maintenance of the hard-surface
(asphalt/concrete, stamped concrete) areas free of weeds,
debris, sand, etc., and in a clean manner.
Public Works Department Page 11 of
26
Standard Contract
EXHIBIT B
PAYMENT
TOTAL COMPENSATION .
City shall pay Contractor the Monthly .rates set forth on the rate schedule
below.
Zone 1 Manor Dr
Zone 2 Fredricksberg
Zone 3 Greenbrier Azule
Zone 9 McCartysville
Zone 10 Trivia Woods
Zone 11 Arroyo de Saratoga
Zone 12 Leutar Ct.
Zone 15 Bonnet Way
Zone 16 Beauchamps
Zone 17 Sunland Park
Zone 22 Prides Crossing
Zone 25 Kerwin Ranch
Zone 26 Bellgrove
Zone 27 Cunningham PI/Glasgow Ct
Zone 29 Tollgate
Medians and Parkways
$ 160.00
$ 265.00
$ 220.00
$ 215.00
$ 75.00
$ 85.00
$ 85.00
$ 255.00
$ 85.00
$ 340.00
$ 450.00
$ 340.00
$1985.00
$ 145.00
$ 90.00
$3555.00
The total compensation during the term specified in this agreement shall not
exceed $267,200.00 for the work product to be provided by Contractor
pursuant to this Agreement.
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed prior to the invoice date. Invoices shall contain the following
information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work.
Public Works Department Page 13 of
27
Standard Contract
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
Public Works Department Page 13 of
Standard Contract 26
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
Public Works Department Page 14 of
26
Standard Contract
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall not
be an employee of City. Contractor shall complete the Scope of Work
hereunder in accordance with currently approved methods and practices in
Contractor's field. City shall have the right to control Contractor only with
respect to specifying the results to be obtained from Contractor pursuant to
this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be
construed as limiting the right of Contractor to engage in Contractor
profession sepazate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in which
Contractor practices its profession. All work product of whatsoever nature
which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform
to the standazds of quality normally observed by a person practicing in
Contractor's profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Public Works Department Pege 15 of
26
Standard Contract
5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical caze, .hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all
applicable taxes, including, but not limited to, federal and state income
taxes, and in connection therewith Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of
Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
8. CONFLICT OF INTEREST
a. Ia General. Contractor represents and warrants that, to the best
of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequeat Conflict of Interest. Contractor agrees that if an
Pubfic Works Department Pege 16 of
26
Standard Contract
actual or potential conflict of interest on the part of Contractor is
discovered after awazd, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLLANCE WITH LAWS
a. In General. Contractor shall take reasonable care to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Work hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended.
b. Liceases and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Funding Agency Requiremeats. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
d. Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a
Public Works Department Page 17 of
26
Standazd Contract
drug-free workplace. Neither Contractor nor Contractor's
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads polo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimiaatioa Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement.
b. Reteatioa of Records. Until the expiration of five yeazs after the
furnishing of any services pursuant to this Agreement, Contractor
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepaze and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
Public Works Department
26
Standard Contract
professional responsible for the report/design prepazation. The
stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design .responsibility" as per
the sample below.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTORContractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or chazacter of the work, unforeseen difficulties, accidents,
occurrences or other causes to the extent predicated on active or passive
negligence of the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs or any other cost to the extent arising out of or in
any way related to the negligent performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
pazties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold harmless City, its employees, agents and
officials, from any liability, claims, suits, actions, azbitration
Public Works Department Page 19 of
26
Standard Contract
proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs (including, without limitation, costs and fees
of litigation) of any kind whatsoever without restriction or limitation,
incurred in relation to, as a consequence of or arising out of or in any
way attributable actually, allegedly or impliedly, in whole or in part, to
the performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they aze incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City under
any provision of this agreement or this section, Contractor shall not
be required to defend, indemnify and hold harmless City as set forth
above for liability attributable to the active negligence, sole negligence,
or willful misconduct of City, provided such active negligence, sole
negligence, or willful misconduct is determined by agreement between
the parties or the findings of a court of competent jurisdiction.
c. Scope of Contractor Obligatiott. The obligations of Contractor under
this or any other provision of this Agreement will not be limited by the
provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In Geaeral. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph.
14. INSURANCE REOUIREMENT3 Contractor shall procure and
Works Department
20 of
26
Standard Contract
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, consultant's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
Works Department Page 21 of
26
Standard Contract
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
azbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys' fees and costs
whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under anew agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to enforce
any of Contractor's obligations or to exercise City's rights shall in no event
be deemed a waiver of the right to do so thereafter.
Public Works Department Page 22 of
26
Standard Contract
EXHIBIT E
ixsvxnxcE
Please refer to the insurance requirements listed below. Those that have an
°X" indicated in the space before the requirement apply to Contractor's
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements aze to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates aze to be received and approved by City before
work commences. City has the right to require Contractor's insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
$ per occurrence bodily injury/$ per
occurrence property damage
Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
If the standazd ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
Public Works Department Page 23 of
26
Standazd Contract
$ per person/$ per accident for bodily
mlury
_ $ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property
damage
_ Gazage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
_ $1,000,000 per loss/ $2,000,000 aggregate
X $5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors 8s Omissions Liability
coverage fora period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
Workers' Compensation Insurance
Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any sight of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am awaze of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a sepazate endorsement such as Form CG 20
10)
_ The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: "...endeavor to ..." AND "...but failure to
Public Works Department Page 24 of
26
Standard ContraM
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
_ All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Public Works Department Page 25 of
26
Standard Contract
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
Public Works Department Page 26 of
26
Standard Contract
CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Sazatoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Loral Landscanine
Inc., ("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Sazatoga.
2. TERM The term of this Agreement commences on November 1, 2005,
and extends through June 30, 2008 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the pazties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
Public Works Department
Standazd Contract
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"}. The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a 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 cazrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
Public Works Departrnent P9gE 2 Of 26
Standard Contract
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
Howazd Wheeler
Loral Landscaping, Inc.
704 South Amphlett Blvd.
San Mateo, CA 94402
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Sazatoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which aze not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
-The remainder of this page is intentionally blank-
Public works Department ~ Page 3 of 26
StandarA Contract
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRAC~ O/L~
By: t~/(~i G
Print Name: Howard Wheeler
Position: Company Representative
Date: R iZq/05
CITY OF SARATOGA, a municipal corporation
By:
Name: Dave Anderson,
Title: City Manager
APPROVED AS TO FORM:
By: ~ ,
City Attorney
~-
Date:
Date: ~ C ~ O s
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:
Administrative Services Director
Attachments
Date:
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Public Works Depaztment Pflge 4 of 26
Standazd Contract
EXHIBIT A
SCOPE OF WORK
I. GENERAL CONDITIONS
A. It is the intent if these specifications to present and maintain all
azeas as outlined in a clean, orderly and thrifty manner for pubic
use. The term "Parks Supervisor" shall mean the Parks Director
or his designated representative.
B. OBLIGATIONS OF THE CONTRACTOR
The Contractor, at his sole cost and expense, shall perform all
labor and services and furnish all the materials, tools, equipment.
Supplies, transportation, utilities, and pay all taxes as necessary
for the performance of the scheduled work in accordance with
these specifications. Unscheduled work, except for an emergency
situation, shall fast be authorized by the Pazks Supervisor and
shall be performed by the City in a manner mutually agreed to
between the City and the contractor. Should an area undergo
major irrigation or planting renovation that significantly alters
Contractor's work Load, the contract amount may be adjusted
accordingly with the agreement of both parties.
C. WORKMANSHIP
All material and workmanship shall be of the highest quality
possible. All work shall be subject to the satisfaction of the Parks
Supervisor, who may exercise such control of the work as is
required to safeguard the interests of the City and private
property.
D. SAFETY
The Contractor shall plan and conduct the work in a manner that
will safeguazd all persons from injury including the contractor's
own employees, and shall take precautions required by all
applicable governmental regulations.
E. INTERFERNCE
The Contractor shall conduct the work required in such a manner
as to cause the least amount of interference to the public and the
general operations of the City.
Public Works Department Page S of 27
e.~„s,,.~ rnn tra rt
F. WORK SCHEDULE
All work schedules of the contractor shall conform to all
applicable City ordinances and shall be designed in a manner
to provide the desired level of service. All work schedules shall
be approved in advance by the Parks Supervisor and may be
required by him to be modified at any time in order to achieve
the desired level of service.
G. LIABILITY FOR DAMAGES
The Contractor shall be fully responsible for any and all
damage done to public or private property that results from the
contractor's operations. 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; herbicide
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 Parks
Supervisor 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.
H. PROTECTION AND SECURITY OF WORK 3ITE3
The Contractor may be responsible for the protection and
securing of certain work sites. This may include opening and
closing of said sites. The Contractor shall obtain the necessary
keys from the Park Supervisor for use in securing all gates and
locks associated with said sites.
I. RESPONSE TO INOUIRIE3 CALL AND EMERGENCY SITUATIONS
The Contractor shall be required to respond promptly to any
emergency situations reported by City staff. The contractor shall have
the ability to be contacted at all times by two-way radio service or
paging service.
Public Works Depaztment Page 6 0(26
Standard Contract
I. SPECIFIC CONDITIONS
A. LITTER CONTROL
All areas, including drainage inlets, pipes and paved azeaS, shall be kept
free of all trimmings, grass cuttings, and litter, including broken glass or
other such debris. The City shall provide trash receptacle at various
locations for the proper disposal of litter; the contractor shall be
responsible for emptying these containers on a specific schedule as
shown in Exhibit "A", attached hereto and made part hereof. The City
shall provide large refuse bins for the disposal of this litter at specific
sites. All individual trash receptacles shall be maintained in a clean, safe
and sanitary condition at all times. Any and all trash liners used shall
be supplied by the contractor, at the Contractor's expense.
B. MATERIALS TO BE PROVIDED BY THE CONTRACTOR
The Contractor, at his own cost and expense, shall furnish all necessary
equipment, supplies and materials of good quality and in the amounts
necessary to fulfill these specifications and to accomplish an acceptable
and professional level of maintenance.
These supplies and materials shall include, but not be limited to:
• All necessary gas, oil and parts for all equipment.
• All necessary pesticides including: fertilizers, herbicides,
insecticides, fungicides and rodentcides.
• All necessary horticultural supplies.
• All parts necessary for the repair and proper maintenance of all
irrigation systems.
C. IRRIGATION
Irrigation shall be performed as required to maintain proper plant growth in all
areas. This shall include manual watering by use of hose bibs, quick couplers,
skinner lines and/or drip systems in addition to, in conjunction with, or in the
absence of automatic irrigation systems. Watering shall be accomplished at
times of the day or night to ensure the health of all plants, such that the
inconvenience to people using the area will be kept to a minimum. Automatic
irrigation shall normally take place at night or early morning hours. Any water
runoff or overflow onto roadways, sidewalks, and hard surface areas shall be
kept to an absolute minimum so as not to cause
any pedestrian or vehiculaz hazazds.
The effect of the watering program shall be checked weekly by the
Contractor, ensuring plants are trimmed so as to allow each sprinkler nozzle
to function in a fully unobstructed manner.
The Contractor is to conduct monthly irrigation checks of all controllers and
report any repairs or concerns to the Parks Supervisor prior to any work
being done, Any repair or replacement is to be ConSlaeLCd aTl 2}CtI'1 aTld 1T1.1y
not be done without prior approval.
All non-calsense irrigation controllers shall be turned off during periods of
rain by the Contractor and turned on and reprogrammed at the completion
of each rainy period at the discretion of the Parks Supervisor.
All non-calsense irrigation controllers are to be programmed by Contractor
in accordance with schedule set by Parks Supervisor.
The Contractor is to make any programming changes requested by Parks
Supervisor to any non-calsense controller. Changes to non-calsense
controllers programs may only be made with the Parks Supervisor's
authorization.
The City will schedule, program, make program changes and monitor on/off
situations due to rain for all calsense irrigation controllers.
The City shall pay the costs for water and power.
D. FERTILIZATION
All turf grass shall be fertilized by the Contractor four times a
year, on a schedule to be approved by the Pazks Supervisor. All
shrubbery and groundcover shall be fertilized on a year, in
April. Supplemental fertilizer applications for shrub and
groundcover azeas showing poor growth may be requested by
Parks Supervisor at Contractor's expense. Fertilizer shall be
delivered to the site in the original unopened container, bearing
the manufacturer's guazanteed 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
Parks Supervisor shall be notified with a written schedule one
week prior to the date of the application by the contractor.
The turf grass fertilizer shall be a complete commercial
fertilizer, with micronutrients or approved equal, evenly
broadcast at the rate of six (6) pounds per thousand square feet
per application. The shrub/groundcover fertilizer shall be an
organic type fertilizer, Gro Power Plus 5-3-1 or approved equal,
Public Works Department pa6`
Standard Contract
evenly broadcast at the rate of fifteen (15) pounds per thousand
square feet.
E. SOIL AERIFICATION
The Contractor shall be responsible for soil aerificatiori fOT ill
turf grass areas one time per year, in September. Aerification
shall be done with apower-driven or tractor-pulled aerifier
using a '/2 inch coring tine. The Parks Supervisor shall be
notified with a written schedule one week prior to the date of
aerification commencement.
F. THATCH REMOVAL
The Contractor shall be responsible for the removal of thatch
buildup in the sod layer one time per year, in April. Thatch
removal shall be performed in two directions with apower-
driven verti-cutting machine. All grass clippings associated
with this process shall be removed from the site and disposed
of at the Contractor's expense.
G. PESTICIDE APPLICATION
The Contractor shall be responsible for the control and
elimination of weeds, insects, rodents and diseases affecting all
plant material. The Contractor shall possess all permits and
licenses required by the State of California, Depaztment of Food
and Agriculture, prior to the application of any pesticide. Any
pesticide used shall be listed on the State of California,
Department of Food and Agriculture'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. In addition, all
pesticides used must have the written approval of the Pazks
Supervisor prior to application. The Contractor shall notify the
Parks Superintendent three (3) days prior to application of
pesticides. Upon completion of the application, the Contractor
shall submit to the Parks Supervisor a copy of all pesticide use
reports. Material safety data sheets must be provided to Pazks
Supervisor for all pesticide and herbicide products used and
updated as new products are used. At the end of each contract
yeaz, Contractor must supply in writing the total amounts of
each individual pesticide used on City property during the
previous 12 months.
Public Works Department Page 9
St~idard Contract
H. WEED CONTROL
All turf grass areas shall be treated for broadleaf weed control
twice a year on a schedule and with a product to be approved
by the Pazks Supervisor. All shrub bed areas shall be kept in a
friable condition and free of weeds. Shrub bed weeds shall be
attended to on a weekly walk-through basis and may be
controlled weekly by herbicide or hand weeding.
All fence lines, light standazd bases, tree wells, buildings and
structures, shall be kept free of all weeds. Herbicides may be
used for weed control upon prior approval of the Parks
Supervisor.
I. PRUNING AND EDGING
The Contractor shall be responsible for the pruning of all
shrubs and groundcover. Shrubs shall be pruned at least twice
yearly to the satisfaction of the Pazks Supervisor. Pruning shall
be done according to the natural growth of each individual
plant to maintain proper plant health by cutting out dead,
diseased or injured wood, and to control growth when an
unshapely shrub might result. Pruning may include a severe
cut-back to regenerate growth at the discretion of the Pazks
Supervisor to plants that require such attention. All
groundcover shall be edged as needed to prevent overgrowth on
streets or sidewalks. All plant growth shall be prevented from
entering onto walkways, roadways, hard surface areas, and
along fences and walls. Edging shall not be done by chemical
methods, unless an approved growth retardant is utilized.
J. MOWING AND EDGING
The Contractor shall be responsible for mowing and edging all
turf grass areas. The turf grass shall be mowed to maintain a
height of no more than two (2) inches or less than'/, inch. No
more than 1/3 of inch turf height to be cut during one day's
mowing. Mowing shall normally occur once a week during the
growing season to maintain the proper height. In the event
that a scheduled mowing is missed due to inclement weather or
other unavoidable situation, the Parks Supervisor may require
the Contractor to mow twice in one week. This request will be
made at the discretion of the Pazks Supervisor based on plant
health requirements. All turf grass shall be edged along
sidewalks, paved and hard surface areas as necessary to
Public Works Department Page 10 of
26
Standard Contract
prevent an overgrowth. Edging shall not be done by chemical
methods, unless an approved growth retardant is utilized.
The Contractor shall be required to pick up and dispose of
grass clippings after each mowing operation at all locations.
Sidewalks and street areas to be cleaned free of clippings after
each mowing.
K. TREE MAINTENANCE
The Contractor shall provide proper watering of all trees, where
water is available, whether done by automated irrigation
systems or manually with the use of hoses. Trees shall be
maintained in an erect, upright manner and shall be staked as
necessary to maintain this position. Pruning and trimming of
trees shall be limited to removal and disposal of any dead
and/or broken branches and any sucker growth located in or
on the tree. Tree limbs and branches must not hang lower
than twelve (12) feet over sidewalks, streets or parking azeas.
The Contractor shall remove or loosen any and all tree stakes
and/or ties whenever damage to the trunk is being caused by
girdling.
L. VANDALISM AND THEFT
The City shall be responsible for any acts of vandalism and/or
theft, caused to azeas maintained by the contractor. The Pazks
Supervisor shall be notified immediately by the Contractor of
any committed acts of vandalism and theft.
M. MEDIAN MAINTENANCE
Maintenance shall include not only all horticultural and
irrigation services, but also maintenance of the hard-surface
(asphalt/concrete, stamped concrete) areas free of weeds,
debris, sand, etc., and in a clean manner.
Works Depaztment
of
26
Standard Contract
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION .
City shall pay Contractor the Monthly rates set forth on the rate schedule
below.
Congress Springs Pazk $345.00
Beauchamps $175.00
Ravenwood Pazk $ 95.00
Azule Pazk $485.00
Village Commercial $165.00
The total compensation during the term specified in this agreement shall not
exceed $40,480.00 for the work product to be provided by Contractor pursuant
to this Agreement.
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed prior to the invoice date. Invoices shall contain the following
information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory ,progress in completion of the Scope of
Work.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement,
Department Page 12 of
26
Standard Contract
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the.
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
Public Works Depaztment Page 14 of
26
Standazd Contract
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall not
be an employee of City. Contractor shall complete the Scope of Work
hereunder in accordance with currently approved methods and practices in
Contractor's field. City shall have the right to control Contractor only with
respect to specifying the results to be obtained from Contractor pursuant to
this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be
construed as limiting the right of Contractor to engage in Contractor
profession separate and apazt from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in which
Contractor practices its profession. All work product of whatsoever nature
which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform
to the standazds of quality normally observed by a person practicing in
Contractor's profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Public Works Department
Page 15 of
26
Standard Contract
5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical caze, 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 1riCOri1e
taxes, and in connection therewith Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of
Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No pazty to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
Public Works
Page 16 of
26
St2ndard Contract
actual or potential conflict of interest on the part of Contractor is
discovered after awazd, 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 rieUtralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City boazd or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall take reasonable caze to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Work hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended,
b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Finding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
d. Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a
Works Department
26
Standard Contract
drug-free workplace. Neither Contractor nor Contractor's
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines; at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Givil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, frst
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
Works Department
26
Standazd Contract
professional responsible for the report/design prepazation. The
stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per
the sample below.
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTORContractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to pazties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes to the extent predicated on active or passive
negligence of the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs or any other cost to the extent arising out of or in
any way related to the negligent performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold hazmless City, its employees, agents and
officials, from any liability, claims, suits, actions, azbitration
Public Works Department Page 19 of
26
Standard Contract
proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs (including, without limitation, costs and fees
of litigation) of any kind whatsoever without restriction or limitation,
incurred in relation to, as a consequence of or arising out of or in any
way attributable actually, allegedly or impliedly, in whole or in part, to
the performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by tale
City.
b. Limitation on Indemnity. Without affecting• the rights of City under
any provision of this agreement or this section, Contractor shall not
be required to defend, indemnify and hold harmless City as set forth
above for liability attributable to the active negligence, sole negligence,
or willful misconduct of City, provided such active negligence, sole
negligence, or willful misconduct is determined by agreement between
the parties or the findings of a court of competent jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor under
this or any other provision of this Agreement will not be limited by the
provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Contractor
h.
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and dischazged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, consultant's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
Public Works Depaztment Page 21 of
26
Standard Contract
17. DISPUTE RESOLUTION The pazties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys' fees and costs
whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofaz as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to enforce
any of Contractor's obligations or to exercise City's rights shall in no event
be deemed a waiver of the right to do so thereafter.
Public Works Department Page 22 of
26
Standard Cmitrxct
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
"X" indicated in the space before the requirement apply t0 Contractor's
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Sazatoga, 13777 Fruitvale Avenue, Sazatoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements aze to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates aze to be received and approved by City before
work commences. City has the right to require Contractor's insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
_ $ per occurrence bodily injury/$ per
occurrence property damage
_ Coverage for X, C, U hazazds MUST be evidenced on the
Certificate of Insurance
_ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
Public Works Depaztment Page 23 of
26
Standard Contract
$ per person/$ per accident for bodily
injury
_ $ per occurz-ence for property damage
$ 500,000 combined single limit for bodily injury and property
damage
Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles aze kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
_ $1,000,000 per loss/ $2,000,000 aggregate
X $5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors 8s Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requiremeat by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
Workers' Compensation Insurance
Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
_ Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Sazatoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
IO)
_ The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: "...endeavor to ..." AND "...but failure to
Public Works Depaztment page 2a of
26
Standard Contract
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
_ All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor's insurance shall apply sepazately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Public Works Department Page 25 of
26
Standard Contract
,i w
3, Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptabilitq of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
Public Works Department Page 26 of
26
Standazd Contract
~(
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005
ORIGINATING DEPT: Public Works
PREPARED BY:
John Cherbone
AGENDA ITEM:
2J
CITY MANAGER: ~~~
DEPT HEAD:
John Cherbone
SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking on Herriman Avenue
RECOMMENDED ACTION:
Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of Heniman Avenue.
REPORT SUMMARY:
An additional segment of Herriman Avenue in the vicinity of Saratoga High School, between
,,,_ Sazatoga Vista Avenue and El Camino Rico, was discovered not to have an accompanying Motor
Vehicle Resolution to enforce the existing no parking regulations (at the October 19s' City Council
Meeting Council adopted a similaz MV Resolution For an adjacent stretch of Herriman Avenue).
The attached Motor Vehicle Resolution cleans up this issue and will allow law enforcement the
proper tools to enforce no parking along this segment of Herriman Avenue.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolution would not be adopted and parking would continue to be unenforceable in this
area.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The Sheriff s Department will be notified of the new restrictions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Location Map.
2. Motor Vehicle Resolution prohibiting parking on portion of Herriman Avenue.
..,i
2 of 2
Herriman Avenue Parking Restrictions
RESOLUTION NO. MV-
RESOLUTION RESTRICTING PARKING ON HERRIMAN AVENUE
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Herriman Avenue:
NAME OF STREET
Harriman Avenue The northerly side of No Pazking Anytime
Harriman Avenue from
Saratoga Vista Avenue to
El Camino Rico.
This resolution shall become effective at such time as the signs and/or mazkings installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regulaz meeting held on the 2nd day of November, 2005, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Kathleen M. King, Mayor
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: November 2.2005 AGENDA ITEM:
zw-~
ORIGINATING DEPT: Citv Mana¢er's Office CITY MANAGER: ~~~
PREPARED BY: Lorie Tinfow. Assist. Citv MQr. DEPT HEA ~
SUBJECT: Saratoga Public Library Project Phase II • Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the Saratoga Library as complete and authorize staff to record the
Notice of Completion for the construction contract.
REPORT SUMMARY:
All work on Phase II of the Saratoga Library has been completed by the City's contractor
~ Thompson Pacific Construction and has been inspected by the appropriate staff. Overall, the
quality and quantity of construction completed through this contract was very favorable. A
considerable amount of work was performed through change orders to this contract, including the
completion or correction of Phase I work by Thompson Pacific Construction.
The original contract award amount and change order activity is shown below:
Original Contract Amount: $8,898,000
Change Order Activity including settlement of claim 810 939
Final Amount for Construction including Change Order Work: $9,708,939
In order to close out the construction contract staff recommends that the Council accept the
project as complete. Further, it is recommended that the Council authorize staff to record the
attached Notice of Completion for the construction contract.
FISCAL IMPACTS:
This project has been paid for through the sale of voter-approved bonds.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contracts and release the contract
sureties and remaining retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACFIlbIENTS:
1. Notice of Completion for Phase II of the Sazatoga Library
,,,,r
Recording requested by,
And to be returned to:
City of Saratoga
City Manager's Office
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Sazatoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 2nd
day of November, 2005.
Contract Number: N/A
Contract Date: January 8; 2002
Contractor's Name: Thompson Pacific Construction, Inc.
Contractor's Address: 67 Mazk Dr., San Rafael, CA 94903-2227
Description of Work: Saratoga Public Library Project Phase II
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Sazatoga, County of Santa Clara, State of California on , 2005.
CITY OF SARATOGA
BY:
Dave Anderson
City Manager
ATTEST:
Cathleen Boyer, City Clerk
Gov. Code 40814
SARATOGA CITY COUNCIL
_.
MEETING DATE: November 2, 2005
ORIGINATING DEPT: Public Works
PREPARED BY:
Iveta Harvanc~k
ZL-
AGENDA ITEM:
CITY MANAGER: ~"~G~"~-
DEPT HEAD: ~
John Cherbone
SUBJECT: VTA Operators' Facility Project -Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the VTA Operators' Facility Project as complete and authorize staff to record the
Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the VTA Operators' Facility Project has been completed by the City's contractor,
George Bianchi Construction, Inc., and has been inspected by Public Works inspectors as well as
VTA inspectors. Overall, the quality of work on the facility completed through this contract was
very favorable.
It is recommended that the Council accept the project as complete. Further, it is recommended
that the Council authorize staff to record the attached Notice of Completion for the construction
contract so that the requisite 30-day Stop Notice period for the filing of claims by subcontractors
or material providers may commence.
FISCAL IMPACTS:
The Project is fully funded by the VIA.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contract and release the contract
retention in the amount of $24,287.20 thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Notice of Completion for the VTA Operator's Facility Project.
Recording requested by,
And when recorded to be returned to:
City of Sazatoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Sazatoga, CA 95070, and the Contractor mentioned below, was accepted as complete by
the Owner on or azound the 17th day of October, 2005.
Contract Number: N/A
Contract Date: September 2, 2004
Contractor's Name: George Bianchi Construction, Inc.
Contractor's Address: 775-A Mabury Road, San Jose, CA 95133
Description of Work: VTA Operators' Facility Project, West Valley Transit Center
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Sazatoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which aze therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Sazatoga, County of Santa Claza, State of California on , 2005.
CITY OF SARATOGA
By; ATTEST:,
Dave Anderson
City Manager
Cathleen Boyer, City Clerk
Gov. Code 40814
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005
ORIGINATING DEPT: Public Works
PREPARED BY:
AGENDA ITEM:
2~
CITY MANAGER: ~~./
DEPT HEAD:
SUBJECT: Hakone Gardens ADA Facilities Upgrade Project -Award of Construction
Contract
RECOMMENDED ACTION:
1. Approve Budget Resolution.
2. Move to declaze Robert A. Bothman, Inc. to be the lowest responsible bidder on the Hakone
Gardens ADA Facilities Upgrade Project.
3. Approve a construction contract with Robert A. Bothman, Inc. in the amount of $239,500 for
the Hakone Gazdens ADA Facilities Upgrade Project and authorize City Manager to execute the
same.
REPORT SUMMARY:
Sealed bids for the Hakone Gardens ADA Facilities Upgrade Project were opened on December 15,
2004. A total of three contractors submitted bids and a summary of the bids received is attached
(Attachment 1). Robert A. Bothman of San Jose submitted the lowest bid of $289,000, which is
44.5% above the Engineer's Estimate of $200,000. Staff has cazefully checked the bid along with
the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids
dated November 12, 2004.
The scope of work includes furnishing all materials, equipment, and labor to construct and install
ADA improvements including accessible pathways, steps, and all related and incidental work.
In order to perform the project it was necessary to value engineer aspects of the project to close the
gap between the budget and the low bid. After lengthy negotiations with the contractor the scope of
work and associated cost was reduced by $54,500 for a reduced bid price of $234,500. Although
this was a step in the right direction it was not sufficient and additional funds would be needed. A
meeting was held with the Hakone Foundation to determine if they could supplement the budget.
The Foundation was able to contribute $50,000 towards the project which the City has received.
During the recent CIP study sessions held with City Council staff included an increase to the project
budget in the amount of $22,000 the amount need to fully fund the project. City Council in tum -=
rated this request a high priority.
The following budget table summarizes the project revenues and expenditures:
Revenues•
$250,000 (CDBG)
50,000 (Hakone Foundation}
22.000 (Unallocated CIP Funds)
$322,000 Total Revenues
Expenditures:
$27,873 (Design Services and Bidding)
30,112 (Stone Material for Steps)
239,500 (Construction Contract)
7, 515 (Davis Bacon Compliance Contract)
17.000 (Construction Contingency)
$322,000 Total Expenditures
Due to Hakone's busy rental season there are only specific times of the yeaz that construction can
take place without impact. Hakone has made the months of November thru January the window of `-''
time that this project can be implemented. If Council awards a construction contract to Robert A.
Bothman, Inc. they will begin work as eazly as the week of November 7~h
It is therefore recommended that Council declare Robert A. Bothman, Inc. to be the lowest
responsible bidder on the project, and award the attached construction contract (Attachment 2) to
this firm. Further, it is recommended that the Council authorize staff to execute change orders to
the contract up to an amount of $17,000 to cover any unforeseen circumstances and additional
work, which may arise during the course of the proj ect.
FISCAL IMPACTS:
Funding for this work is programmed in the adopted budget for Capital Improvement Project titled
"Hakone Gardens ADA Improvements". In order to fully fund the project it is necessary that a
budget resolution be approved in the amount of $22,000 (Attachment 3).
Source of Funda
CIP Unallocated Fund Balance-
RDA
Total Source of Funds
Current YTD Fund Balance Balaute Budget Revised Attouut
Budget Revenue (u1711R005 Available Revisions Budget Number
g $ $ 162,000 S 162,000 $ 22,000 $140,000
$ $ a tez,ooo S 162,000 22,000 S140,000
Current PTD PTD PO Balance Budget Revised Account
Use of Funds Budget Eaoenses Outstandin¢ Available Revisions Bud[N Number
Hakone ADA Improvement Project $300,000 $57,985 $7,515 $ 234,500 S 22,000 $ 256,500 351A203-622-4010
Total Use of Funds 5300,000 SS'1,985 $7,S1S S 234,500 S 22,000 S 256,500
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Robert A. Bothman, Inc. will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid
the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding
the project due to the competitive nature of the current bids received.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin in November and completed by the end of January 2006.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS;
1. Bid Summary.
2. Constroction Contract,
3. Budget Resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO
AMEND THE B~ADGA MPROVEMENTS A THAKONE GAARDENS DS TO PAY FOR
WHEREAS, the City desires to awazd a contract to construct ADA impTOVementS 3t
Hakone Gazdens, and
WHEREAS, it is necessary to increase the budget for the Hakone Gardens ADA
Improvement Project to perform the work,
NOW, THEREFORE, THE FOLLOWING IS RESOLVED, by the Council of the
City of Saratoga:
1. The budget for the Hakone ADA Improvement project is hereby increased by $22,000 via
the unallocated CIP Fund Balance -RDA.
2. The City Manager or the Administrative Services Director is hereby authorized to make
adjustments to the budget for FY 2005/06 needed to execute this resolution.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed
and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of November,
2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ATTEST:
Kathleen M. King, Mayor
Cathleen Boyer, City Clerk
a°
'F~
S ~ ;ry
O
Y'
F, ~T
r
~ ~ ~
~~
~~ T
N
! ~
m
i a
E ~ ~
D
g.
s
Z
SARATOGA CITY COUNCIL
_ MEETING DATE: November 2, 2005 AGENDA ITEM: ,~--,, ~~
ORIGINATING DEPT: Public Works CITY MANAGER: ~~/f./~~
PREPARED BY: John Che~~rbonppe ~~ DEPT HEAD: John Cher~bone~ _
SUBJECT: Capital Improvement P-an (CIP) - F.Y. 05/06 Update
RECOMMENDED ACTION(S):
1. Review C1P project priorities reflecting Council direction from the CIP Study Sessions held on
October 5th and October 18`h and provide direction to staff.
2.Open the Public Hearing for the F.Y. 05/06 CIP Update.
3. Continue Public Hearing to the December 7, 2005, City Council Meeting to allow the
appropriate review by the Planning Commission prior to final approval of updated C1P.
REPORT SUMMARY:
CIP Process
This is the second stage of the CIP process, which began at the City Council Study Sessions held
on October Sa' and October 18a' where the City Council prioritized existing and proposed CIP
projects for funding consideration. The main focus of the second stage of the CIP process is to
open the Public Hearing to allow for public input on the CIP.
The third stage of the process involves the submission of the new CIP projects to the Planning
Commission for General Plan and Environmental review, which is scheduled for the November
23`~ Planning Commission Meeting. The last stage of the CIP process will occur at the
December 7, 2005, City Council Meeting where the Public Hearings will continue culminating
with the final adoption of the updated CIP.
Summary of Citv Couucil Direction from the CIP Study Sessions
Park Projects:
City Council prioritized proposed park projects on a scale from 1 to 10 where a rating of 1 was
highest. The current balance in the Park Development fund for proposed park projects is $74,500
--~ .whereas the cost to implement the proposed projects is $298,700. The City is anticipating the
,~
receipt of $124,200 over the next yeaz in new Pazk Development Fees to fund all but the last
project on the priority list. For a complete summary of the prioritization and funding of pazk
projects please see Attachment 1.
Two park projects, the Wildwood Park See-Saw Replacement Project and the Trail Segment #3
Repair Proj ect, will be considered for funding during mid-yeaz budget review.
Tree Fuud Project:
A proposed project funded from fines levied against illegal tree removals will be developed to
plant trees City wide including medians, pazks, rights-of--ways, and other City owned properties.
The scope of the project will be developed and submitted to Council prior to implementation.
The current fund balance of the tree fund is $150,000.
Public Safety, Infrastructure, and Facility Projects:
Public Safety, Infrastructure, and Facility projects make up the majority of the CIP and were the
focus of a separate prioritization exercise conducted by Council at the study sessions. A full
summary of the results of the prioritization exercise is attached (Attachment 2).
Out of the three prioritizations Must, Should, and Like all of the projects listed under Must and
Should received funding. In order to accomplish funding of all of the Must and Should projects it
was necessary to defund adopted projects listed under the Like category.
Completed and Archived Projects:
The Master CIP Spreadsheet (Attachment 3) provides a summary information of all adopted and
proposed CIP projects including funding and expenditure information. In addition, the
spreadsheet indicates which projects are completed and which ones are not.
This yeaz City Council has directed that three adopted projects Civic Center Master Plan, Skate
Boazd Park, and Prospect Avenue Medians be archived and therefore removed from the CIP
project list.
At the fmal CIP Public Hearing a revised CIP Master Spreadsheet will be submitted to City
Council. In the revised spreadsheet all of the completed, azchived, and some funding information
will be removed reflecting the final direction of City Council.
FISCAL IMPACTS:
None at this time. The final CIP report will include the appropriate budget resolution reflecting the
final CIP project list.
2of3
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not Applicable.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The continuation of the Public Hearing will be scheduled for the December 7, 2005, City Council
Meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Park Ranking Project List.
2. CIP Project Prioritization Spreadsheet.
3. Master CIP Spreadsheet..
3of3
ATTACHMENT 1
2005-2006 CIP Update -Proposed Park Project Funding Per City Council Priority
Balance @ 7/1
st Earnings
~fer from G.F,
2005-06 2005-06 2005-06
Adopted Inc/Dec Revised
$ 10,100 $ 64,400 $ 74,500
Fee per New Pazcel $ 20,700 $ 20,700 $ 20,700
Number of New Pazcels 3 3 6
Annual Fee Revenue 62,100 62,100 124,200
TOTAL SOURCE OF FUNDS
Beauchamps Pazk Playground Safety Project:
~ongress Springs Pazk Sewer Lateral Improvements:
Wildwood Park Stage Improvements:
Wildwood Park See-Saw Replacement:
Wildwood Park Water Feature -Seating Improvements:
3eritage Orchazd Path:
3istoric Pazk Landscaping:
TOTAL USE OF FUNDS
BALANCE @ 6/30
u niuuucu - resume E
~alabazas Creek Trail:
Tots1 Unfunded
Projects will be funded per City Council priority.
:ntly $74,500 is available. As funds are received
onal proejcts will be programed based on the above
:t list.
100,000
$ 100,000
Park Project Rankin (Hi h Priority 1, Low Priority 10)
Kin Kline Streit Kao Waltonsmith. Rank
Beaucham s Pazk Play ound Safety Pro'ect: 1 1 1 3 5 2.2
Con ess S rin s Pazk Sewer Lateral Im r.: 2 4 3 1 1 2.2
Wildwood Pazk Sta a Im rovements: 5 3 2 4 2 3.2
Wildwood Pazk See-Saw Re lacement: 3 2 6 2 7 4
Wildwood Park Water Feature - Seatin Im r.: 4 8 7 5 4 5.6
Heri a Orchard Path: 8 5 4 8 3 5.6
Historic Pazk Landsca in : 6 7 5 6 6 6
Catabazas Creek Trail: 7 6 8 7 8 7.2
$ 72,200 $ 126,500 $ 198,700
35,000 35,000
45,000 45,000
40,000 40,000
6,500 6,500
10,000 10,000
25,000 25,000
37,200 37,200
$ - $ 198,700 $ 198,700
$~ $ (72,200)
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2005 AGENDA ITEM: \
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~--
PREPARED BY; ~~ ~ DEPT HEAD:
Dave Anderson, City Manager have Anderson, City Mansger
SUBJECT: Emergency Preparedness Status Report
RECOMMENDED ACTION:
Accept report and direct staff to follow up on actions that will strengthen the City's emergency
response capabilities and enhance public education efforts.
REPORT SUMMARY:
In the wake of hurricanes Katrina and Rita and the recent earthquake in Pakistan all levels of
government have been examining the status of their prepazedttess for emergencies. At the
,,, October 5, 2005 Council meeting, Council placed on a future Council agenda the status of
emergency prepazedness for the city of Saratoga. This report discusses the status of emergency
prepazedness in the city of Sazatoga at this time.
This report will cover planning, training and exercising of the emergency plan. In addition, the
status and assessment of readiness in the areas of communications, transportation and logistics
will be discussed.
Planning
The City's Multifunctional Hazard Plan was developed by city staff with the assistance of the
County Emergency Services Division. It was approved by the City Council on March 1, 2004. A
hazard mitigation annex to this plan is a requirement of the Disaster Mitigation Act of 2000.
Staff is currently developing this annex and will bring a draft to the Council shortly after the first
of the year.
The City's Emergency Council, made up of Public Safety Commission members and others, last
met in July 2004 to review the City's prepazedness efforts. A report from the Emergency
Council was presented to the City Council on July 21, 2004. (Attachment "A") The Emergency
Council should be convened within this fiscal year to assist with developing plans and programs
for enhancing the City's emergency preparedness, response and public education programs.
Staff is currently in discussion with County Fire, which provides staff assistance to the City of
~. Cupertino for emergency planning. Now that County Fire is providing management services for
the Saratoga Fire District we are working together to develop a similaz emergency planning
capability for the City of Sazatoga.
Training
The date of the last all-city training was October 2004. Several staff members have been trained
at the California Specialized Training Institute (CSTI) in 2A03. Two management level staff
members are currently at a CSTI sponsored training session. Staff turnover has created several
vacancies in the EOC staffing roster. New assignments have been made recently. Funding for
staff training and one emergency exercise per yeaz are to be funded by County Fire.
Exercising
The last EOC training/exercise was held in Apri12004. The next exercise is scheduled
November 15, 2005. This will be a functional exercise focused on EOC communications. City
staff will be participating in this exercise.
Communications
The City uses a simplex radio system and does not own its own radio frequency. Staff is
attempting to obtain a sublicense from the City of Campbell. This sublicense agreement is
viewed as a temporary solution. The City needs to obtain its own radio frequency and to be
assured of its availability during emergencies. Furtt-er, the City may need to purchase additional
radio equipment, including a radio repeater and new base and mobile radios, depending upon the
radio frequencies obtained. The city's Traveler's Information Service radio (TIS) is functional,
but will not survive a moderate to severe earthquake. Additionally, the programming interface is
extremely difficult and non-intuitive. Anew hardware interface and battery backup system has
been developed by the manufacturer to make it easy. to program in a fully interactive manner via
computer interface. ,_,~
The City's telephone and computer systems have battery backup capability, which is intended for
brief power blackouts only. These systems are on circuits served by the City's emergency
backup generator, which must be manually transported and connected.
Transportation
Five city pickup trucks used by building inspectors are fueled by natural gas. While the gas and
diesel pumps aze connected to emergency power the natural gas system is not. Therefore, this
system can only be used to trickle chazge one vehicle per day. This would leave the other four
vehicles powered by natural gas, unavailable for use.
Logistics
The Saratoga Fire Department utilizes the City's diesel fuel supply to fuel its vehicles. It will
also be the fuel source for generators supplying emergency power to the Civic Center and the
generator powering the new Fire Station. Diesel fuel consumption during an emergency will be
extremely high. The existing capacity of the tank at the City Maintenance Yard is 500 gallons
and will only serve these needs for a couple of days.
Out of 56 employees, S live in Saratoga; 21 live in San Jose; 71ive in Campbell; 10 additional
employees live within ten miles; 71ive along highway 17 or in the Santa Cruz area; and 61ive
greater than ten miles away from Saratoga north of the Santa Cruz Mountains. The good news
2of4
from this survey is that 43 employees live within ten miles of the City of Sazatoga north of the
Santa Cruz Mountains. After arranging for the safety of family members it is reasonable to
assume that the majority of City employees would be available for emergency assignments.
Further analysis will be undertaken to spe~cally determine where ow maintenance staff lives in
order to determine their proximity to Saratoga, over the next several weeks.
Miscellaneous
Emergency Operation Center
When the new fire station was being designed, provisions were made to establish a new
community Emergency Operation Center (EOC) in the conference room at the fire station. This
room has the benefit of being in a building which was specifically built to withstand earthquakes;
has automatic emergency power and is staffed 24 hours a day by emergency personnel. At its
most recent meeting the Saratoga fire District Board of Commissioners approved its use as the
community's EOC. The Saratoga City Council has also adopted a resolution of support for the
use of this room as an EOC. Emergency priority restoration telephone lines have been relocated
to the new facility. Radio equipment is being relocated this week. A Bay azea exercise focusing
on EOC communications is scheduled for November 15, 2005. It is our goal to install as much
communications related equipment as possible in the facility to be tested that day.
CERT
We have a small Public Works staff and only one or two pieces of heavy equipment. The
majority of our Public Works projects are contracted out. Police and fire services are provided
by the Sheriff's department, County Fire and the Saratoga Fire Department respectively. In any
significant disaster the capability of the city will be rapidly exceeded. It is extremely important
therefore, that our citizens become self-sufficient; stocking food water and medical supplies in
their homes and businesses.
The cities of Campbell, Cupertino and Sazatoga participate in a program of citizen education
promoting self-sufficiency called CERT (Community Emergency Response Team). Forty-five
Saratoga residents have graduated from this program in the last 2 years and are resowces for their
neighborhoods and the entire community. Two residents completed the last class on September
24, 2005. The next class will be held in January. Residents can sign up with the Recreation
Department at ow web site or may fill out an application form found in the most recent program
guide mailed to all residents.
FISCAL IMPACTS:
• Obtain new radio frequency $2k
• New/modified radio system $75-100k
• TIS emergency radio system upgrade $lOk
• Integrate fast-chazge natwal gas system into emergency generator system $2.Sk
• CSTI staff training $3.Sk
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City of Sazatoga will be unprepazed for potential emergencies in the future
3of4
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
• Complete move of Community EOC to Fire Station ASAP
• Obtain sublicense agreement for existing radio frequency
• Obtain license for new City radio frequency
• Upgrade City radio system to repeater system
• Update/upgrade TIS emergency AM radio system to make it survivable and more user-
friendly.
• Integrate fast-chazge natural gas station into emergency generator system.
• Continue to send staff to CSTI for emergency training
• Participate in emergency exercises sponsored by state and county government
• Train City Council for role in emergency response
• Convene City Emergency Council during FY 2003-06
• Develop an employee contact/support plan for emergencies
• Support and expand CERT program
• Support Amateur Radio volunteer involvement in emergency communications.
• Comply with all County, State and Federal emergency planning mandates
• Educate the public about emergency preparedness and self-sufficiency.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Via posting of the Council meeting agenda and mailing of agenda to subscription list.
ATTACII(NIENTS:
Attachment A -Report on Emergency Preparedness Committee Council Report -July 21, 2004
4of4
SARATOGA CITY COUNCIL
MEETING DATE: Jnly 21, 2Q04
ORIGINATING DEPT: City Manager's Office
AGENDA ITEM• /'~ \
CITY MANAGER• ~/
PREPARED BY: Lorie Tinfow DEPT IIE r.1
SUBJECT: Report on Emergency Preparedness Commtttee
RECOMMENDED ACTION(S):
Accept report.
REPORT SUMMARY:
As part of the discussion of the new Standardized Emergency Management System (SEMS)
Multihazard Functional Plan adopted by Council on March 17, 2004, Council directed staffto
convene a meeting of emergency preparedness stakeholders as the "Disaster Council." On July 12,
2004, the following met:
^ Mayor Ann Waltonsmith
^ City Manager Dave Anderson '
^ Public Safety Commissioners Brigitte Ballingall and Mitch Kane
^ City Staff Danielle Surdin and Lorie Tinfow
^ Assistant Chief Ron Vega, Saratoga Fire Department
^ Assistant Chief Ken Waldvogel, Santa Clara County Fire Department
^ Acting Director Celeste Cook and staff member Miguel Grey, Santa Clara County Office of
Emergency Services
^ Captain John Hirokawa and Lt. Terrence Calderon, Santa Clara County Sheriffs Office
Further research indicated the need to change the group's name since "Disaster Council" refers to the
City Council in times of emergency. The group agreed to call itself the "Emergency Preparedness
Committee".
The purpose of the group is to meet annually to confirm that the City maintains its compliance with
both State and Federal emergency management requirements. (A copy of the meeting agenda is
attached.) Specifically, cities are required to have an up-to-date SEMS Multihazard Function Plan
and provide staffresponse training at least once per year. The City met the first requirement when
the Council approved the new SEMS Multihazard Function Plan on March 17, 2004. Staff
emergency response training was held on April 19, 2004.
Recently, a new requirement has been imposed on cities. Each city must now prepare a Local Hazard
Mitigation Plan in order to qualify for mitigation funding. The Association of Bay Area
Governments (ABAG) has taken the lead on meeting this requirement and has offered to prepare the
.,
'.
bulls of the ith input from cities who want to collaborate. Saratoga has accepted their offer (as
have most ities) and will be submitting appropriate information over the next few months.
a
During the ,participants made a number of suggestions and comments; highlights follow:
^ Mitch Kane asked for clarification regarding who participates in City stafftraining-are public
safety agencies ittvolved? Representatives fmm all relevant organizations wexe included in the
April training.
^ Brigitte Ballingall reported that the Public Safety Commission continues to educate itself and has
invited the Saratoga Amateur Radio Association (SARA) to make a presentation to the
Commission about SARA's role in an emergency.
^ Ken Waldvogel noted that CERT graduates aze the best salespeople and recommends using them
to publicize the program.
• Ron Vega suggested Saratoga partner with West Valley College in their emergency preparedness
activities.
^ Celeste Cook echoed support for partnering with West Valley College and suggested developing
a Memorandum of Understanding between the City and the Collegt. She also suggested
Saratoga tackle one topic per year or quarter, and start with Coaununications, i.a, updating 24/7
contact information for all responders. She also provided a copy of a National League of Cities
report (copy attached) and suggested we consider holding monthly "brown bag" htnches for staff
to discuss emergarcy response using cumnt events as case study opportunities.
• John Hirokawa recommended incorporating CERT graduates into staffresponse plans and to
designate a lead CERT member to organize the graduates.
^ Miguel Grey suggested we take advantage of the Volunteer Center's help with CERT. He also
suggested that next year Saratoga hold a table top exercise and that the City focus on personal
preparedness, that is, getting staff to be prepared at home so that they are better able to assist with
City response
Dave Anderson noted that the new Saratoga Fire Department station will have a new Emergency
Operations Center and has had discussions with the Chief regarding consolidating City
emergency response at that location. He also asked about public safety officers' response to
CERT graduates at an incident-is CERT recognized and are graduates allowed to participate in
the response? Hirokawa and Waldvogel (Vega had to leave) both concumd that graduates'
skills are recognized as valuable additions.
Ann Waltonsmith suggested that the City emphasize individual preparation for small events as
well as large ones; be proactive in preparing residents for local concerns such as mountain lion
sitings; suggested staff develop a process flow chart; and supported collaboration with West
Valley College and schools to determine what information and provisions their emergency plans
include. Staff agreed to identify the appropriate liaison at each school and add their contact
information to the Communications plan. She also suggested notifying all Commissioners by
email when CERT is offered.
2of3
Staff will include all suggestions, recommendations and comments as Part of future emergency
preparedness activities.
FISCAL IMPACTS:
Nothing additional.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/s
ALTERNATIVE ACTIONS}:
N/a
FOLLOW UP ACTION(S):
Staffwill next convene the group in June/Juiy 2005.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Copies of this report were emailed to meeting participants.
ATTACHMENTS:
• Agenda
^ First 10 pages of National League of Cities report-Homeland Security: Practical Tools for
Local Governments, November 2002--provided by Celeste Cook.
3of3