AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY AUGUST 9, 2022
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.
To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
1. CALL TO ORDER
2. ROLL CALL: Council Members Darlene Acosta, Robert Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
A. Presentation on Drought, Water Use Restrictions and Conservation, Marc Bloom, California Water Service
B. Salinas Valley Safe Routes to School Plan, Amelia Conlen, TAMC
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of July 12, 2022, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register July 1, through July 15, 2022 Recommendation: receive and file.
C. Consideration: City of King KCCP Payments for the Month of June 2022 Recommendation: receive and file.
D. Consideration: Part-Time Temporary Human Resources Manager Position Recommendation: adopt a Resolution amending the Job Classification Plan to create a temporary part-time Human Resources Manager position.
E. Consideration: An Ordinance Amending Speed Limits
Recommendation: waive the second reading by title only and adopt an Ordinance amending Municipal Code Chapter 10.36 to amend speed limits for portions of San Antonio Drive, Canal Street, Bitterwater Road and Mildred Avenue.
F. Consideration: Memorandum of Understanding for Local Law Enforcement Access to Automated Fingerprint Identification System
Recommendation: authorize the Chief of Police to execute a Memorandum of Understanding to provide local law enforcement agency access to the automated fingerprint identification system.
G. Consideration: Award of Contract for Street Restriping Services Recommendation: 1) award a contractor services agreement for annual street striping services to Central Valley Striping in the amount $31,615 and an additional $12,363.75 for the ad-alternate items for diagonal parking repainting.
H. Consideration: Transportation Agency of Monterey County (TAMC) 2022 Pavement Management Program Funding Agreement
Recommendation: authorize the City Manager to execute the 2022 Pavement Management Program Update Funding Agreement by and between the Transportation Agency of Monterey County (TAMC) and the City of King.
I. Consideration: Revision to Code Enforcement Priorities Recommendation: approve revisions to the City’s Code Enforcement Priority List.
J. Consideration: Amendment to the Master Fee Schedule
Recommendation: adopt a Resolution amending the Master Fee Schedule to modify Community Development application user fees.
K. Consideration: Side Letter of Agreement with the King City Confidential Employees Association
Recommendation: approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) to remove the Human Resources Manager as a represented position.
L. Consideration: 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan Update
Recommendation: adopt a Resolution adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), including Volume 1:
Planning Area Wide Elements and Volume 2: King City Annex.
M. Consideration: Transportation Agency of Monterey County (TAMC) Pedestrian and Bicycle Wayfinding Program Funding Agreement Recommendation: Authorize the City Manager to execute the Pedestrian and Bicycle Wayfinding Program Funding Agreement by and between the Transportation Agency of Monterey County (TAMC) and the City of King.
10. PUBLIC HEARINGS
None
11. REGULAR BUSINESS
A. Consideration: A Resolution to Authorize the City Manager to Start the PreApplication Process for a Sphere of Influence (SOI) Amendment and Annexation of the Salinas Riverbed Area
Recommendation: adopt Resolution No. 2022-4895 authorizing staff to begin the pre-application process to amend the City’s Sphere of Influence (SOI) and annex the Salinas Riverbed Area (Assessor Parcel No. 245-081-031-000).
B. Consideration: Future Golf Course Priorities
Recommendation: provide general direction to staff and the City Council subcommittee on the City Council’s future vision for the King City Golf Course and whether the highest priority and emphasis of the facility should be on youth programming or improving the golf experience for adults and attracting visitors.
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of claim no. 2022- 06 by Claimant Juan Jacobo Parra regarding a motor vehicle incident allegedly involving a city vehicle occurring in King City, CA on 7/03/22.
B. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of claim no. 2022- 07 by Claimant Frank Roney, regarding a motor vehicle incident allegedly involving a city vehicle collision occurring in King City, CA on 5/15/22.
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Not official minutes of the meeting.
RE D U C E R E U S E R E C Y C L E
“To manage Salinas Valley solid waste as a resource, promoting sustainable, environmentally sound and cost-effective practices through an integrated system of waste reduction, reuse, recycling, innovative technology, customer service, and education.”
BOARD OF DIRECTORS
M E E T I N G HI G H L I G H T S
June 16, 2022
ORGANICS TECHNOLOGY FEASIBILITY STUDY
The results of the Feasibility study compiled by SCS Engineers to assist Authority staff in the consideration of various options to process organic wastes (including biosolids) that are not currently composted were presented to the Board. SCS staff contacted vendors to obtain references and other information on aspects of their technology, including technical and financial information. The four types of technologies studied where Pre-processing, Wet Anaerobic Digestion (AD), High Solids AD, and Autoclave. The list of vendors contacted included seven pre-processing companies, seven high solids AD companies, seven wet AD companies, and three autoclave companies.
EDIBLE FOOD RECOVERY GRANT FUNDING AWARDS
The first five recipients of the new pilot grant awards were announced. The pilot grant program was developed by the Edible Food Recovery (EFR) Technical Advisory Committee (TAC), a subcommittee of the larger SB 1383 TAC. The EFR TAC was created the grant program to begin increasing the local capacity for food recovery organizations to be able to accept, collect, store and distribute more food. A total of 13 applications were received totaling over $202,000 in requested funding. The top five highest scored applications awarded are local feeding organizations throughout Monterey County and each will receive $20,000.
Congratulations to the following organizations and thank you for making a difference in the community:
❖ PV Loaves & Fishes, serving the North Monterey County area ❖ Dorothy’s Place, which serving the Salinas area
❖ Meals On Wheels of Salinas Valley, serving the entire Salinas Valley
❖ Victory Mission, serving Salinas and Peninsula Cities ❖ Shoreline Church, serving all of Monterey County and its cities LANDFILL 101 INFORMATION
As requested by the Board, a presentation
was given explaining the overall landfill design
and environmental control systems, day to
day operations, state and local regulatory
compliance, diversion programs, organics
processing, and financial aspects.
To view the full presentations and reports given visit our website https://svswa.org/government/agendasmeeting-schedules/ or our YouTube channel https://www.youtube.com/user/svswa831.
July Meetings Recess. Next Regular Board Meeting is Scheduled for August 18, 2022.
FINANCIAL REPORT FOR MONTH ENDED APRIL 2022 (83.3% OF THE FISCAL YEAR) Revenue collected $ 20,894,424 (88.5% of Estimated Revenue of $23,271,850) Expenditures for operations $ 15,779,857 (73.3% of Operating Budget of $20,725,000) Cash balance $ 36,814,917
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”
R E D U C I R R E U T I L I Z A R R E C I C L A R
JUNTA DIRECTIVA
N O T A S DE S T A C A D A S
16 de junio 2022
(Agencia gubernamental de gestión de residuos sólidos)
ESTUDIO DE FACTIBILIDAD DE TECNOLOGÍA ORGÁNICA
Se presento al Consejo los resultados del estudio de factibilidad compilado por SCS Engineers para ayudar al personal de la Agencia en la consideración de varias opciones para procesar desechos orgánicos (incluidos los biosólidos) que actualmente no se convierten en abono. El personal de SCS contactó a
proveedores para obtener referencias y otra información sobre aspectos de su tecnología, información técnica y financiera. Los cuatro tipos de tecnologías estudiadas fueron Preprocesamiento, Digestión Anaeróbica (DA) Húmeda, DA con Alto Contenido de Sólidos y Autoclave. La lista de proveedores contactados incluía siete empresas de preprocesamiento, siete empresas de AD con alto contenido de sólidos, siete empresas de AD húmedo y tres empresas de autoclave.
PREMIOS DE FINANCIACIÓN DE SUBSIDIOS DE RECUPERACIÓN DE ALIMENTOS COMESTIBLES Se anunciaron los primeros cinco beneficiarios de las nuevas subvenciones piloto. El programa piloto de subvenciones fue desarrollado por el Comité Asesor Técnico ( CAT) de Recuperación de Alimentos Comestibles (EFR por sus siglas en ingles), un subcomité del TAC SB 1383 más grande. El EFR CAT se creó como un programa de subvenciones para comenzar a aumentar la capacidad local de las organizaciones de recuperación de alimentos para poder aceptar, recolectar, almacenar y distribuir más alimentos. Se recibieron un total de 13 solicitudes por un total de más de $202,000 en fondos solicitados. Las cinco solicitudes con la puntuación más alta otorgadas son organizaciones locales de alimentación del condado de Monterey y cada una recibirá $20,000. Felicitaciones a las siguientes organizaciones y gracias por hacer una diferencia en la comunidad.
❖ PV Loaves & Fishes, sirviendo al área norte del condado de Monterey ❖ Dorothy’s Place, sirviendo el área de Salinas
❖ Meals On Wheels of Salinas Valley, sirviendo todo el Valled de Salinas ❖ Victory Mission, sirviendo a las ciudades de Salinas and Peninsula ❖ Shoreline Church, sirviendo todo el condado de Monterey County y sus ciudades
INFORMACIÓN DEL VERTEDERO 101
Solicitado por el Consejo, se hizo una presentación
que explicaba el diseño general del vertedero y los
sistemas de control ambiental, las operaciones
diarias, el cumplimiento normativo estatal y local,
los programas de desvío, el procesamiento de
orgánicos y los aspectos financieros.
Para ver las presentaciones e informes completos, visite nuestro sitio web https://svswa.org/government/agendasmeeting-schedules/ o nuestro canal de YouTube https://www.youtube.com/user/svswa831.
Receso de las reuniones de julio. La próxima reunión ordinaria de la Junta está programada para el 18 de agosto de 2022.
INFORME FINANCIERO DEL MES FIN ALIZADO EN AB RIL 2022 (83.3% DEL AÑ O FISCAL) Ingresos recaudados $ 20,894,424 (88.5% del Ingreso Estimado de $23,271,850) Gastos de operaciones $ 15,779,857 (70.5% del Presupuesto Operativo de $20,525,000) Saldo de caja $ 36,814,917
August 1, 2022
Sun Street Transfer Station Closure of 3
1 FOR IMMEDIATE RELEASE: CONTACT: Patrick Mathews
August 1, 2022 (831) 775-3000
[email protected]
Sun Sets on Popular Salinas Valley Recycles Facility
Sun Street Transfer Station to Close Permanently
(Salinas, CA) On September 10, 2022, the Sun Street Transfer Station will officially and permanently close. Recycling and Household Hazardous Waste (HHW) Facilities will relocate next to the Madison Lane Transfer Station, which is owned and operated by Republic Services of Salinas, the franchised garbage, recycling, and organics hauler for the City of Salinas.
Republic Services has been making improvements to the Madison Lane Transfer Station in order to accommodate the anticipated increase in traffic from self-haulers who had previously frequented the Sun Street Transfer Station, and the relocation of the Salinas Valley Recycles (SVR) Recycling and HHW Facilities. The facilities will re-open to the public at the new Madison Lane location on September 12, 2022.
The move to Madison Lane site for SVR’s Recycling and HHW Facilities is a full-circle moment that returns the HHW Facility to 1104 Madison Lane, where it was located prior to the opening of Sun Street Transfer Station in 2005.
Since 2005, the Salinas Valley Solid Waste Authority’s (a.k.a. Salinas Valley Recycles, SVR) Sun Street Transfer Station (SSTS) has been serving self-haulers, recyclers and safe disposal of household hazardous waste for residents and businesses in Salinas and surrounding areas. As locals became familiar with the convenient location off of Market Street, the facility grew in utility and in popularity, consistently serving more than 300 customers a day, six days a week.
To accommodate the City of Salinas’s plans for the re-development of the Alisal Marketplace and surrounding areas which includes the Sun Street Transfer Station property, SVR has been working with the City of Salinas for the past 15 years to pursue alternative permanent locations that would satisfy the City’s desire to relocate services away from the central location within city limits, while meeting the needs of the community and the increasing mandates from the State for resource recovery and diversion of waste from landfills.
Most recently, in August of 2021, an agreement was reached between the City and SVR that provides for continuation of the SVR‘s services and operations in a more permanent location - 30 -
7(B)
August 1, 2022
Sun Street Transfer Station Closure of 3
2 that meets the long-term public needs, continuation of mandated waste diversion and recycling programs, and supports the ‘Excellent Infrastructure’ goals of the City of Salinas.
The SSTS is not relocating, it is closing permanently and only the Recycling Center and HHW Facility are relocating to the Madison Lane site. Customers will still be able to recycle their mattresses/box springs, appliances, cardboard, paper, metal, glass, plastics, clothing, etc. at no charge. To dispose of garbage, yard waste, wood waste, or construction and demolition materials, customers can use the adjacent Madison Lane Transfer Station operated by Republic Services, or SVR’s Johnson Canyon Landfill in Gonzales. Johnson Canyon Landfill’s minimum load charge for garbage continues to be $17.00 up to $34.00 or $64.75 per ton depending on the load weight. For more information on rates and services at Madison Lane Transfer Station, please contact Republic Services of Salinas: (831) 775-3840 www.RepublicServices.com/municipality/salinas-ca.
SVR maintains its commitment to provide environmentally sound and cost-effective resource recovery to the communities it serves. More information about the SSTS closure schedule, relocation of services, and alternate disposal facilities is available at www.SalinasValleyRecycles.org.
###
BACKGROUND
For answers to Frequently Asked Questions and more information about the closure of Sun Street Transfer Station, including a history of the facility, please visit www.svswa.org/sunstreet-closure/ About Salinas Valley Solid Waste Authority:
The Salinas Valley Solid Waste Authority, aka Salinas Valley Recycles (SVR), is a joint powers agency made up of the following local governments: Monterey County (eastern half of the unincorporated county), and the cities of Gonzales, Greenfield, King City, Salinas, and Soledad.
What is a Joint Powers Agency?
A joint powers agency (JPA) is a governmental body that is formed by two or more local governments (cities or counties) joining together to address a specific service need that is common to all members of the group. JPAs are often formed to address such regional issues as water, sewer, solid waste, public safety, and transportation. Download our JPA Agreement.
What does SVR do?
SVR is responsible for providing secure long-term solid waste disposal and resource recovery service to all of its members in an environmentally sound and cost-effective manner. To August 1, 2022
Sun Street Transfer Station Closure of 3
3 accomplish this goal, SVR currently owns four landfills and two transfer stations, and oversees the operation of these facilities. SVR is also responsible for overseeing future landfill siting or expansion to meet the area’s long-term solid waste disposal needs.
August 1, 2022
Sun Street Transfer Station Closure of 3
1 FOR IMMEDIATE RELEASE: CONTACT: Patrick Mathews August 1, 2022 (831) 775-3000
[email protected]
El Sol Termina para el Popular Centro de Reciclaje del Valley de Salinas La Estación de Transferencia de Sun Street cerrará permanentemente (Salinas, CA) El 10 de septiembre del 2022, la estación de transferencia de Sun Street oficialmente cerrará permanentemente. Las instalaciones de reciclaje y materiales peligrosos del hogar (HHW, por sus siglas en inglés) se reubicarán junto a la estación de transferencia de Madison Lane, que es propiedad y es manejada por Republic Services of Salinas, el transportista de basura, reciclaje y productos orgánicos de franquicia de la Ciudad de Salinas.
Republic Services ha estado realizando mejoras en la estación de transferencia de Madison Lane para acomodar el aumento anticipado en el tráfico de los clientes que previamente frecuentaban la estación de transferencia de Sun Street, y la reubicación de las instalaciones de reciclaje y HHW de Salinas Valley Recycles (SVR). Las instalaciones volverán a abrir al público en la nueva ubicación de Madison Lane el 12 de septiembre del 2022.
El traslado a la propiedad de Madison Lane para las instalaciones de reciclaje y HHW de SVR es un momento de círculo completo que devuelve la instalación de HHW al 1104 Madison Lane, donde estaba ubicada antes de la apertura de la estación de transferencia de Sun Street en el 2005.
Desde el 2005, el Centro de Transferencia Sun Street (SSTS por sus siglas en Ingles) de Salinas Valley Solid Waste Authority (también conocida como Salinas Valley Recycles, SVR) ha proveído servicios a clientes disponiendo de basura, recicladores y a la eliminación segura de materiales peligrosos para residentes y empresas de Salinas y sus alrededores. A medida que los lugareños se familiarizaron con la conveniente ubicación al cruce de la calle Market, la instalación creció en utilidad y popularidad, atendiendo constantemente a más de 300 clientes al día, seis días a la semana.
Para adaptarse a los planes de la cuidad de Salinas para la reurbanización del Alisal Marketplace y las áreas circundantes que incluyen la propiedad del Centro de Transferencia Sun Street, SVR ha estado trabajando con la cuidad de Salinas durante los últimos 15 años para buscar ubicaciones alternativas permanentes que satisfagan el deseo de la Ciudad de reubicar - 30 -
August 1, 2022
Sun Street Transfer Station Closure of 3
2 los servicios lejos de la ubicación central dentro de los límites de la ciudad, mientras se satisfacen las necesidades de la comunidad y los crecientes mandatos del Estado para la recuperación de recursos y el desvío de desechos de los rellenos sanitarios.
Más recientemente, en agosto del 2021, se llegó a un acuerdo entre la Ciudad y SVR que prevé la continuación de los servicios y operaciones de SVR en una ubicación más permanente que satisfaga las necesidades públicas a largo plazo, la continuación del desvío y reciclaje de desechos obligatorios y apoya los objetivos de 'Infraestructura excelente' de la Ciudad de Salinas.
El SSTS no se está reubicando, se está cerrando permanentemente y solo el Centro de Reciclaje y la Instalación de HHW se están reubicando en el área de Madison Lane. Los clientes aún podrán reciclar sus colchones/somieres, electrodomésticos, cartón, papel, metal, vidrio, plásticos, ropa, etc. sin cargo. Para disponer de basura, desechos de jardín, desechos de madera o materiales de construcción y demolición, los clientes pueden usar la estación de transferencia de Madison Lane adyacente manejada por Republic Services, o el relleno sanitario Johnson Canyon de SVR en Gonzales. El cargo mínimo por carga de basura de Johnson Canyon Landfill continúa siendo de $17.00 hasta $34.00 o $64.75 por tonelada, según el peso de la carga. Para obtener más información sobre las tarifas y servicios del Centro de Transferencia Madison Lane comuníquese con Republic Services of Salinas: (831) 775-3840 | www.RepublicServices.com/municipality/salinas-ca.
SVR mantiene su compromiso de proporcionar una recuperación de recursos beneficiosa y ambientalmente racional a las comunidades a las que sirve. Hay más información disponible sobre el calendario de cierre de SSTS, la reubicación de servicios y las instalaciones alternativas de disposición en www.SalinasValleyRecycles.org.
####
ANTECEDENTES
Para obtener respuestas a las preguntas frecuentes y más información sobre el cierre de la estación de transferencia de Sun Street, incluido un historial de la instalación, visite https://svswa.org/sun-street-closure/
Acerca de la Autoridad de Desperdicios Sólidos del Valle de Salinas:
Salians Valley Solid Waste Authority, también conocida como Salinas Valley Recycles (SVR), es una agencia de poderes conjuntos formada por los siguientes gobiernos locales: el condado de Monterey (la mitad este del condado no incorporado) y las ciudades de Gonzales, Greenfield, King City, Salinas y Soledad.
August 1, 2022
Sun Street Transfer Station Closure of 3
3 ¿Qué es una Agencia de Poderes Conjuntos?
Una agencia de poderes conjuntos (JPA por sus siglas en Ingles) es un entidad gubernamental formado por dos o más gobiernos locales (ciudades o condados) que se unen para abordar una necesidad de servicio específica que es común a todos los miembros del grupo. Las JPA a menudo se forman para abordar problemas regionales como agua, alcantarillado, desechos sólidos, seguridad pública y transporte. Descarga nuestro Acuerdo JPA. ¿Qué hace SVR?
SVR es responsable de proporcionar un servicio seguro de eliminación de desechos sólidos y recuperación de recursos a largo plazo a todos sus miembros de una manera ambientalmente racional y beneficiosa. Para lograr este objetivo, SVR actualmente posee cuatro rellenos sanitarios y dos estaciones de transferencia, y supervisa la operación de estas instalaciones.
SVR también es responsable de supervisar la futura ubicación o expansión del vertedero para satisfacer las necesidades de eliminación de desechos sólidos a largo plazo del área.
City Council Meeting
July 12, 2022
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Council member Darlene Acosta, Carlos DeLeon, Rob Cullen Mayor Pro Tem Carlos Victoria.
City Staff: City Manager Steve Adams; City Attorney Roy Santos (teleconference); City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
Liz Hall, Waste Management, gave a report on the June 25th clean-up event. 118 cars came through.
Collect 13.8 tons. Salinas Valley Recycle collected .75 tons of hazardous waste. King City in Bloom collected 8 bags of litter. Mayor LeBarre and Mayor Pro Tem Victoria attended. Next event will be November 5th and Mayor Pro Tem Victoria offered to help with promoting the next event. Waste Management will be working alongside Salinas Valley Recycles at the Blue Zones event on August 21st.
7. COUNCIL COMMUNICATIONS:
Council Member Cullen stated that the Blue Zones Event is on August 21st on Broadway. He will have a booth showing what it looks like to be a Blue Zones certified work site. Employee Retention Tax Credit will be having a luncheon coming in September.
Council Member DeLeon stated he had nothing to report tonight.
Council Member Acosta stated that the upcoming townhall on fentanyl is July 25th and location to be announced.
Mayor Pro Tem Victoria thanked Liz for the presentation and kudos to the Police Department getting bad boys and guns off the street.
Mayor LeBarre stated this Thursday the King City will present at the first Monterey County homeless summit. He will be talking about our project HomeKey. July 22nd, he has partnered with House America to rehouse homeless individuals.
9(A)
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Steven Adams stated that Erica Sonne has appointed City Clerk, Andrea Marble the HR Manager will be leaving this Thursday for a new position. We have reached an agreement with the Fairgrounds for the temporary rental of spaces for the homeless trailers.
City Attorney Roy Santos thanked the Council for being patient while he and his family deal with some health issues.
9. CONSENT AGENDA
A. Consideration: Meeting Minutes of June 28, 2022, Council Meeting B. Consideration: City of King Check Register June 16, through June 30, 2022 C. Consideration: Successor Agency Check Register June 16, through June 30, 2022 D. Consideration: Public Financing Authority Check Register June 16, through June 30, 2022 E. Consideration: A Resolution Deferring Signage and Enforcement of Broadway Street Parking Restrictions
F. Consideration: An Ordinance Amending Noise Restrictions in the City G. Consideration: Award of Bid for the 2022 King City Street Project, Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines H. Consideration: Voting Delegate for The League of California Cities Annual Business Meeting I. Consideration: A Resolution Designating Erica Sonne to Fulfill the Duties of the City Clerk Karen Jernigan commented on Item 9(I) City Clerk position. She has worked with a couple of City Clerks and Erica Sonne is one of the best she has experienced, her professionalism, the work that she produces for the public is excellent and she is encouraged that she is continuing to work that she is going to be the City Clerk.
Action: Motion to approve consent agenda items A--I by Victoria and seconded by Cullen.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: An Ordinance Amending Speed Limits
Mayor LeBarre asked the City Attorney to read the ordinance by title only into the record.
City Attorney Santos read the title of the ordinance into the record.
Mayor LeBarre opened the public hearing and he read the title in the record as well.
Karen Jernigan, N. Mildred St., stated that one of the streets were the speed limit was going to be raised is hers and she was not sure she understood but she thinks she does now because she and her neighbors experience speeding on a regular basis. She appreciates that is this going to enable the police to site speeders she is open to that. She believes in giving people a warning first, but once they have a warning, she doesn't have sympathy for that. She feels it affects all of her neighbors and her quality of life.
Mayor LeBarre explained for a city to enforce their speed limits they need to undergo a speed survey every five years and this will now allow our officers to enforce speed limits.
Octavio Hurtado, City Engineer stated that he acknowledges Ms. Jernigan’s concerns. Since we have not had a speed survey in the last 10 years, we cannot lower the speed limit.
Action: Motion to introduce an Ordinance amending Municipal Code Chapter 10.36 to amend speed limits for portions of San Antonio Drive, Canal Street Bitterwater Road and Mildred Avenue to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance by Cullen and seconded by DeLeon.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS:
A. Consideration: Award of Contract for Design of the New Wastewater Treatment Plant City Manager Adams introduced this item.
City Engineer Hurtado further introduced this item.
City Attorney Santos clarified the change orders in the contract.
Action: authorize the City Manager to: 1) execute an Agreement for Engineering Services with Carollo Engineers, Inc. for design of a new 2.0 to 2.2 million gallons per day (MGD) secondary wastewater treatment plant and tertiary treatment and storage/distribution system not-to-exceed $5,875,759; 2) approve other optional tasks and/or change orders under a contingency budget up to $205,848; and 3) make non-substantive changes to the contract as necessary in a form approved by the City Attorney by DeLeon and seconded by Cullen.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
B. Consideration: A Resolution Approving the Ballot Argument in Favor of the Local Sales Tax Measure
City Manager Adams introduced this item.
Action: Motion to adopt a Resolution approving the ballot argument in favor of the local sales tax measure by LeBarre and seconded by Cullen.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
C. Consideration: Downtown Outdoor Dining Area Improvements Grant Program City Manager Adams introduced this item.
Action: Motion to 1) adopt a Resolution establishing the Downtown Outdoor Dining Area Improvements Grant Program; and 2) approve the program guidelines, application and forms; and 3) authorize the City Manager to make modifications to the program forms in the future as necessary by Victoria and seconded by Cullen.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
D. Consideration: Golf Course Operator Selection Subcommittee City Manager Adams introduced this item.
Action: Motion appoint a subcommittee of two representatives of City Council Rob Cullen and Darlene Acosta to assist staff in developing a recommendation to the full City Council for award of a contract for operation of the King City Golf Course by DeLeon and seconded by LeBarre.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
E. Consideration: Rejection of Bids for the Downtown Plaza Construction Project Council member Cullen recused himself because of a conflict and left the meeting.
City Manager Adams introduced this item.
City Attorney Octavio Hurtado further introduced this item.
Action: Motion to 1) reject all bids for the Downtown Plaza Construction Project; and 2) direct staff to rebid project concurrent with Downtown Bulbout Project by DeLeon and seconded by Acosta.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:57p.m. on a motion by DeLeon and second by Acosta, approved 4-0.
Approved Signatures:
Mayor, Michael LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE:
TO:
FROM:
RE:
AUGUST 9, 2022
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
MIKE HOWARD, FINANCE DIRECTOR
CONSIDERATION OF CITY OF KING CHECK REGISTER JULY
1 THROUGH JULY 31, 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
CITY COUNCIUCITY
CONSIDERATION OFCITY OF KING CHECK REGISTER JULY 1 THROUGH JULY 31, 2022
AUGUST 9, 2022
PAGE 2OF2
Exhibits:
1. Check Register Report
Submitted by:
Mike ��,J\ How�tnance
¼L
Director
Approved by: s:;;-�
Steven Adams, City Manager
Item No. 9(C)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF JUNE 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION PART-TIME HUMAN RESOURCES
MANAGER POSITION
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the Job Classification Plan to create a temporary part-time Human Resources (HR) Manager position.
BACKGROUND:
The City’s HR Manager recently resigned to accept another position. The City is currently recruiting for a replacement.
DISCUSSION:
Most of the duties of the HR Manager have been reassigned to other staff on a temporary basis. However, the vacancy has created a significant void given the confidential nature of many of the ongoing responsibilities. The former employee has agreed to work a minimal number of hours as necessary on a part-time basis to ensure that critical items are addressed. Therefore, a part-time temporary position is recommended to accommodate this assistance and enable the City to provide compensation for this work.
COST ANALYSIS:
The work will involve a minimal number of hours and costs will be addressed through funds already budgeted for the full-time position. Therefore, there will continue to be net savings from the vacancy.
Item No. 9(E)
STAFF REPORT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF AN ORDINANCE AMENDING SPEED
LIMITS
RECOMMENDATION:
It is recommended City Council waive the second reading by title only and adopt an Ordinance amending Municipal Code Chapter 10.36 to amend speed limits for portions of San Antonio Drive, Canal Street, Bitterwater Road and Mildred Avenue.
BACKGROUND:
On July 12, 2022, the City Council introduced an Ordinance amending Municipal Code Chapter 10.36 to amend speed limits for portions of San Antonio Drive, Canal Street, Bitterwater Road and Mildred Avenue to be read by title only. The City Council then opened a hearing allowing for public testimony, waived the first reading of the Ordinance, and approved its introduction.
DISCUSSION:
According to the California Manual of Uniform Traffic Control Device (CA MUTCD), the posted speed limit established after 2006 must be set at the nearest 5 mph increment of the 85th percentile speed that was surveyed, with the City Engineer having the option of lowering it by an additional 5 mph to address traffic safety needs of the community. This methodology is based on evidence and an assumption that 85% of drivers will travel at the safe speed for the conditions of a specific street.
For example, if the 85th percentile speed surveyed for a roadway is 37 mph, the posted speed limit will be set at 35 mph (the nearest 5 mph increment), with the City Engineer having the option of lowering it down to 30 mph. If the 85th percentile speed surveyed is 38 mph, the posted speed limit will be set at 40 mph
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SPEED LIMITS
AUGUST 9, 2022
PAGE 2 OF 4
(the nearest 5 mph increment), with the City Engineer having the option of lowering it down to 35 mph.
According to the 2022 speed survey results, there are four roadway segments where the consultant recommended an increase in the posted speed limit based.
Roadway Segment Limit Existing Speed Limit
(mph)
Proposed Speed Limit
(mph)
San Antonio Drive, Broadway
Street to Willow Street
35 35
San Antonio Drive, Willow Street
to Mildred Avenue
25 30
San Antonio Drive, Mildred
Avenue to Metz Road
25 30
Bitterwater Road, Metz Road to
Airport Road
35 35
Bitterwater Road, Airport Road to
City limits
35 40
Canal Street, Rio Vista Drive to
Division Street
25 30
Division Street, Canal Street to
Vanderhurst Avenue
25 25
Division Street, Vanderhurst
Avenue to First Street
25 25
Ellis Street, Mildred Avenue to
First Street
25 25
Metz Road, Bitterwater Road to
San Antonio Drive
35 35
First Street, Hwy 101 Ramps to
Lonoak Road
45 45
First Street, Lonoak Road to
Division Street
35 35
First Street, Division Street to
Ellis Street
25 25
Third Street, Division Street to
San Antonio Drive
25 25
Mildred Avenue, Division Street
to San Antonio Drive
25 30
River Drive, Hwy 101/Broadway
Circle to Canal Street
25 25
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SPEED LIMITS
AUGUST 9, 2022
PAGE 3 OF 4
The following recommendations were approved by the City Council:
San Antonio Drive (between Willow Street to Mildred Ave) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
San Antonio Drive (between Mildred Ave to Metz Road) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Bitterwater Road (between Airport Road to City Limits) - TL Engineering recommends that the proposed 40 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Canal Street (between Rio Vista Drive and Division Street) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Mildred Avenue (between Division Street and San Antonio Drive) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Since speeds are set forth in the Municipal Code, an Ordinance is required to formally adopt the changes. Therefore, an Ordinance has been drafted and is attached for City Council consideration to update the City’s speed limits.
The update is an important measure in the City’s increased traffic enforcement efforts. The Police Department has not been able to issue citations on these streets since a traffic survey has not been prepared for many years. As a result, any citations issued would not be upheld by the court. Once the updated speed limits take effect, the Police Department can begin enforcement at these locations.
It was also discovered that some existing speeds posted were inconsistent with the speeds set forth in the Municipal Code. Therefore, the Ordinance updates Chapter 10 to establish consistency.
Some citizens may express a concern about increasing a speed limit. However, the problems the City receives complaints about are not the drivers traveling close to the allowed speed. Complaints are typically regarding reckless drivers driving well above the speed limit. Therefore, the adoption of the new speed limits will help address speeding complaints through increased enforcement.
Item No. 9(F)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEITH BOYD, CHIEF OF POLICE
RE: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING
FOR LOCAL LAW ENFORCEMENT ACCESS TO AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM
RECOMMENDATION:
It is recommended that the City Council authorize the Chief of Police to execute a Memorandum of Understanding to provide local law enforcement agency access to the automated fingerprint identification system.
BACKGROUND:
The California Department of Justice maintains an automated system for retaining and identifying fingerprints known as “CAL-ID.” The California Penal Code provides for the establishment of a Remote Access Network (RAN) consisting of a statewide network of equipment and procedures allowing local law enforcement direct access to the CAL-ID equipment. A local RAN Board has been established in the County of Monterey and is charged with determining the placement of RAN equipment within the County, coordinating acceptance, delivery, and developing procedures for the use and maintenance of the local system. The King City Police Department partners with the County, other local law enforcement agencies, the RAN Board, and the Department of Justice to develop and maintain a local automated fingerprint identification system to access CAL-ID.
DISCUSSION:
The local automated fingerprint identification system remote access network is maintained by the County of Monterey and overseen by the local RAN Board.
The RAN Board is comprised of a member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the largest municipal police department, a chief of police selected by the Monterey County Chief Law Enforcement Officers Association, a Mayor pursuant to Government Code 50270
CITY COUNCIL
CONSIDERATION OF AGREEMENT FOR LOCAL LAW ENFORCEMENT
ACCESS TO AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
AUGUST 9, 2022
PAGE 2 OF 3
and a member at-large chosen by the RAN Board itself. The RAN Board has authorized the County of Monterey to enter into an agreement with its local partners to establish the policies, procedures, and budget necessary for maintaining the local remote access network. In addition, the agreement establishes the roles and responsibilities of the RAN Board and users of the local remote access network. The Sheriff’s Office is responsible for the overall operation and maintenance of the local remote access network within the budget and guidelines established by the RAN Board.
Currently, the King City Police Department has one Livescan terminal located at the Police Department which provides direct access to the local remote access network for the input of fingerprints of arrestees into the automated fingerprint identification system. In addition, Police Department staff have access to submit fingerprints for comparison and analysis through the local automated fingerprint identification system at the Monterey County Sheriff’s Office or Salinas Police Department.
Without access to the local remote access network, Police Department operations would be severely impacted. The Livescan terminal located at the Police Department would no longer be available for conducting local bookings or providing Livescan services to members of the community. Costs for initial startup and annual maintenance for maintaining a standalone local remote access network are outside the scope of the Police Departments budget. Shared services of the local remote access network provide the benefit of access at the reduced cost from a payment structure shared by all agency users.
COST ANALYSIS:
The annual cost for FY2022/23 is projected to be $7,084 for the King City Police Department. Annual costs thereafter are projected to be in the $7,000 range.
These costs are currently allocated within the existing Police Department budget and no additional funding is required.
All costs for the local remote access network set forth in the proposed agreement are allocated among the parties of the MOU and offset by funding received by vehicle registration fees and a usage methodology. The County contributes $2 per vehicle registration and $4 per commercial vehicle and costs that exceed the amount collected from vehicle registration fees are borne by all user municipalities and the County. The share of cost percentage for the King City Police Department is our total agency bookings for a calendar year divided by the total number of bookings by all users and the County. It is projected that after collected vehicle registration fees are applied, there will be a shortfall of approximately $161,000 which will be split among the 13 user agencies in a
1 MEMORANDUM OF UNDERSTANDING
TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
This Memorandum of Understanding (MOU) is made and entered into this __________ day of ______________ 2021, by and between the COUNTY of Monterey, a political subdivision of the State of California (hereinafter “County”), and the City of Carmel, a municipal corporation, the City of Del Rey Oaks, a municipal corporation, the City of Gonzales, a municipal corporation, the City of Greenfield, a municipal corporation, the City of King City, a municipal corporation, the City of Monterey, a municipal corporation, the City of Pacific Grove, a municipal, the City of Sand City, a municipal corporation, the City of Seaside, a municipal corporation, the City of Soledad, a municipal corporation, the City of Marina, and the City of Salinas, a municipal corporation (hereinafter “USER”).
WITNESSETH
WHEREAS, The State Department of Justice maintains as automated system for retaining and identifying fingerprints, said system being known as the California Identification System (“CAL-ID”), and
WHEREAS, the Penal Code, Section 11112 I et seq., provides for the establishment of a Remote Access Network (“RAN”), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL-ID, and WHEREAS COUNTY and USER deem it important to have access to CAL-ID, and WHEREAS there has been established in COUNTY a local board (“RAN BOARD”), which is charged with determining the placement of RAN equipment within the COUNTY, coordinating acceptance, delivery, and installation, and developing procedures for the use and maintenance of the equipment, and
WHEREAS, COUNTY, in cooperation with USER, the RAN BOARD and the Department of Justice, has developed a local Automated Fingerprint Identification System (“AFIS SYSTEM”) to directly access CAL-ID System, and
WHEREAS endpoint devices (DEVICES) are required by COUNTY and USERS to access local AFIS SYSTEM.
Exhibit 1
2 WHEREAS it is recognized that new users may, from time to time, require access to AFIS SYSTEM.
NOW, THEREFORE, COUNTY and USER agree as follows:
I. PURPOSE
The AFIS SYSTEM primary purpose shall be provide participating law enforcement agencies with access to the SYSTEM.
The AFIS SYSTEM established in COUNTY, and all right, title and interest to AFIS SYSTEM shall remain with the COUNTY. The AFIS SYSTEM provides USERS (Exhibit A) access to CAL-ID System for 10 print identification, latent print identification and mobile identification. USERS will access the local AFIS SYSTEM which has direct access to CAL-ID System by edge DEVICES (Exhibit B). The configuration, current and future, of the AFIS SYSTEM will be approved by the RAN BOARD.
This MOU sets forth the terms and conditions for oversight, operation, and management of the SYSTEM function by the COUNTY and USERs.
II. RAN BOARD
The RAN Board is composed of seven members pursuant to PC 11112.4 (4)(b):
• A Member of the Board of Supervisors
• The Sheriff
• The District Attorney
• The Chief of Police of the department having the largest number of sworn personnel within the County
• A Chief of Police selected by the Monterey County Chief Law Enforcement Officers Association (MCCLEOA)
• A Mayor selected by the Mayors’ City Selection Committee established pursuant to California Government Code Section 50270
3 • A Member-At-Large chosen by the RAN Board.
Pursuant to California Penal Code Section 11112.4, the RAN BOARD shall:
- Establish policies and procedures necessary to implement the purposes of this MOU. - Establish a budget and approve expenditures consistent with the terms of this MOU. - Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matters concerning the local AFIS SYSTEM.
- Develop procedures to regulate the ongoing use and maintenance of the local AFIS SYSTEM adhering to the policy guidelines and procedures adopted by the DOJ.
III. SCOPE
COUNTY may, upon recommendation of the RAN BOARD enter contracts for the acquisition of equipment, including financing therefore and for service or maintenance of equipment as may be necessary to effectuate the purposes and objectives of this MOU.
IV. SYSTEM MAINTENANCE AND COSTS
Configuration of AFIS SYSTEM, current and future, will be approved by the RAN BOARD.
A. SYSTEM REPLACEMENT and UPGRADE COSTS will include:
a) costs of acquisition and installation of equipment necessary or appropriate for AFIS SYSTEM replacement or upgrading, less State or Federal subvention, if any;
b) finance costs;
c) other costs related to replacement or upgrading all or part of AFIS SYSTEM, including indirect costs incurred by the County such as infrastructure costs.
B. ON-GOING OPERATIONAL COSTS will include:
a) costs needed to maintain local input terminals, workstations or other equipment deemed by the RAN BOARD to be part of the AFIS SYSTEM,
4 b) costs for personnel, telecommunication and other services and supplies for the AFIS SYSTEM operation; and
c) costs related to operation of the AFIS SYSTEM, including indirect costs incurred by COUNTY.
V. EMPLOYEES
The COUNTY and USERS shall provide such employees as the RAN BOARD approves and considers necessary for the efficient operation of the SYSTEM and CAL-ID Program. The salary and benefit costs fall under Section IV (b) System and Maintenance costs Section IV of this MOU.
VI. EQUIPMENT
All Equipment purchased to provide services described in this MOU shall be owned by the COUNTY except for end devices purchased by the USER. From time-to-time pieces of equipment will be replaced and new equipment will be obtained pursuant to this MOU.
All equipment used in the provision of services pursuant to this MOU shall remain the property of the COUNTY.
A. Replacement costs of DEVICES from general use and life of equipment shall be purchased by COUNTY as purchasing agent for the RAN BOARD.
B. Replacement costs of DEVICES destroyed or damaged beyond repair due to the willful misconduct shall be borne by the USERS or COUNTY, whichever entity is responsible for the damage.
VII. SYSTEM ADMINISTRATION
The COUNTY agrees to operate the AFIS SYSTEM in accordance with the provisions described below.
VIII. ROLES AND RESPONSIBILITIES
A. PRIMARY OPERATION RESPONSIBILITY
5 The Office of the Sheriff shall be primarily responsible for the overall operation and maintenance of the AFIS SYSTEM consistent with the budget and overall direction established by the RAN BOARD.
B. COUNTY RESPONSIBILITIES
1. COUNTY shall be responsible for maintaining the AFIS SYSTEM.
2. COUNTY shall provide statistics and cost of share annually within a Fiscal Year to the RAN Board and USERS.
3. COUNTY shall act as point of contact with the AFIS SYSTEM vendor assuring compliance with the terms of their annual support and maintenance agreements.
4. COUNTY shall provide and maintain the interface AFIS SYSTEM and CAL-ID.
5. COUNTY shall provide USERs with access to the AFIS SYSTEM.
C. USERS RESPONSIBILITIES
1. USERS shall provide space and power for their DEVICES.
2. USERS shall provide personnel responsible for rolling fingerprints at their Livescan sites.
3. USERS shall be responsible for their communication lines to AFIS SYSTEM.
D. NEW USERS
A non-participating agency seeking to become a USER in the CAL-ID program shall be allowed to become a party to this MOU only with the approval of the RAN BOARD. In addition, new USERS may be required to execute an addendum or amendment to the MOU by which the new agency agrees to be a party to this MOU and to be subject to all terms and conditions. If the addendum or amendment does not require any greater expenditure by the County after approval of the RAN Board, it may be executed by the Monterey County Board of Supervisors, which is authorized to execute the addendum or amendment on behalf of the parties to this MOU.
IX. COST OF SERVICES
COUNTY and USERS agree to share the costs of the AFIS SYSTEM. 6 1. Prior to the commencement of any fiscal year, the COUNTY shall provide estimate budgetary costs for that fiscal year along with their calculated share of cost percentage which shall be allocated among the parties in the “Allocated percentages” section below.
2. The estimated annual budget shall be approved, disapproved, or amended by the RAN Board.
3. Payments required to be paid under this Section shall be paid to the order of the County of Monterey, Office of the Sheriff and delivered to the Monterey County Sheriff’s Office, Fiscal Unit, 1414 Natividad Road, Salinas, CA 93906, on or before July 15 of the fiscal year for which the payment is due.
4. Payments made pursuant to this MOU shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this MOU and to discontinue the CAL-ID program in Monterey County.
A. ALLOCATED PERCENTAGES
All costs of the Cal-ID Program as set forth in this MOU shall be allocated among the parties to the MOU based upon on offset paid by Vehicle Registration Fees and a usage methodology, as set forth by the RAN Board.
1. The COUNTY will contribute the State of California Department of Motor Vehicles (DMV) Vehicle Registration Fee authorized pursuant to section 9250.19(2)(A) of the Vehicle Code at ($2) two-dollars per vehicle registration and section 9250.19(4)(A) of the Vehicle Code at ($4) four-dollars per commercial vehicle registration within the County of Monterey, to finance the RAN Board for the AFIS system in Monterey County as adopted by the Monterey County Board of Supervisors (Adopted Resolution 21-256 on August 3, 2021).
2. Costs that exceed the amount collected from the Vehicle Registration Fee will be borne by all USER municipalities and COUNTY. Each party shall contribute its proportionate share of costs based upon that municipality's percentage of total 7 bookings for the prior calendar year. The COUNTY will be similarly assessed for bookings in unincorporated areas within the Monterey County.
3. This share of cost percentage for a USER is their total agency bookings for a calendar year divided by the total overall bookings all USERS and COUNTY (Exhibit C).
X. FINANCIAL REPORTING & RIGHT TO AUDIT
The COUNTY shall provide fiscal management of the CAL-ID Program Fund which includes Quarterly Revenues from the state under Vehicle Code (VC) section 9250.19(a) and transfers from the Courts/Probation.
The COUNTY fiscal management under VC 9250.19(f) which requires every county that imposes a fee pursuant to VC section 9250.19(a) to issue a fiscal year-end report to the State Controller’s Office (SCO) on or before November 1 of each year, summarizing Revenues received by the county under VC section 9250.19 along with total funds expended.
The COUNTY fiscal management will bill each USER for their share of costs.
The COUNTY fiscal management will provide periodic reports and an annual financial report at the end of each fiscal year.
The COUNTY fiscal management shall establish and maintain, in accordance with the Government Accounting Standards Board (GASB), a complete record of all financial transactions related to this MOU.
The COUNTY and USERS agree that any duly authorized representative of any of the parties, upon reasonable advance notice, shall have access and the right, to audit, examine, and make excerpts or transcripts of or from the records, and to make audits of all contracts, subcontracts, invoices, payrolls, conditions of employment, materials, and all other data or financial records relating to matters covered by this MOU.
COUNTY and USERS agree that any party's authorized representatives, at any time, 8 upon reasonable advance notice, during normal business hours, shall have access to and right to examine the offices and facilities engaged in performance of this MOU.
COUNTY and USERS further agree that the right to examine or audit shall continue for three (3) years after the expiration or termination of this MOU, or for such longer period, if any, as is required by applicable law.
XI. TERM
The Effective Date of this MOU shall be when fully executed.
XII. TERMINATION AND WITHDRAWAL
This MOU shall be additionally binding to each USER and COUNTY. The MOU shall continue in effect until terminated by all parties. Any party may withdrawal their participation in this MOU by providing written notice of withdrawal to the RAN BOARD. Withdrawal of this MOU by USER shall not terminate MOU as to COUNTY or any of remaining USER. The withdrawal shall be effective sixty (60) calendar days after the RAN BOARD's receipt of such notice. Withdrawal does not relieve any USER from paying costs to June 30 of the fiscal year of withdrawal as commitments have been made to all uses of the shared operation costs for the fiscal year.
XIII. CHANGES
All terms and conditions of this MOU shall remain in full force and effect unless and until amended as agreed by all parties to the MOU.
XIV. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the COUNTY and the USERS agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board 9 members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this MOU. For purposes of this paragraph, "agents" does not include another party to this MOU.
XV. EXECUTION, EFFECTIVENESS, AND DISPUTE RESOLUTION
This MOU shall be binding on the COUNTY and USERS from the Effective Date. This MOU shall be additionally binding as to the parties as of the date that each individual USER has executed a signature on their designated signature space below. Any dispute among the parties regarding the interpretation or application of any term of this MOU or any Exhibit thereto may be brought to the RAN Board. The RAN Board shall meet within sixty 60 days of such notification by an interested party, or parties, and shall make their best efforts to render a determination regarding the dispute.
XVI. COUNTY CONTRACTING REQUIREMENTS
Budget Contingency. This MOU is contingent upon the appropriation of sufficient funding by the COUNTY for the services covered by this MOU. If funding is reduced or deleted by the COUNTY for the services covered by this MOU, the COUNTY has the option to either terminate this MOU with no liability occurring to the COUNTY or to offer an amendment to this MOU indicating the reduced amount.
10 EXHIBIT A:
USERS:
Carmel
Del Rey Oaks
King City
Pacific Grove
Gonzales
Greenfield
Marina
Monterey
Salinas
Sand City
Soledad
Seaside
COUNTY:
Monterey County Sheriff
11 EXHIBIT B:
DEVICES
IDENTIFICATION DEVICES:
• Livescan Devices
• Mobile Identification Devices
• Card Capture Workstations
• Latent Workstations
• Contactless Identification Systems
• IRIS Biometric Readers
12 EXHIBIT C:
Share of Cost Model
Municipality Proportionate Cost Share formula:
(Actual Calendar Year Bookings / Total Actual Calendar Bookings) * Actual Shortfall Municipality Proportionate Cost Share Percentages will be calculated annually in January using prior calendar year actual bookings.
Actual Cost Share Invoices will be distributed the following fiscal year once the actual shortfall is calculated.
The Estimated Shortfall shown below is an unknown and used only as a budgeting tool for municipalities until actuals can be calculated.
Estimated Shortfall $161,000.00
Municipality Actual Calendar
2020 Bookings
Cost Share
YEAR 2020
Actual Calendar
2021 Bookings
Cost Share
YEAR 2021
Proportionate Municipality Cost
Share for FY 22/23
Carmel 87 1.59% 75 1.29% $ 2,076.90
Del Rey Oaks 17 0.31% 16 0.28% $ 450.80
Greenfield 237 4.34% 239 4.11% $ 6,617.10
Gonzales 105 1.92% 113 1.94% $ 3,123.40
King city 205 3.76% 256 4.40% $ 7,084.00
Marina 480 8.80% 405 6.97% $ 11,221.70
COUNTY 1209 22.17% 1200 21.22% $ 34,164.20
Monterey 525 9.62% 542 9.23% $ 14,860.30
Pacific Grove 96 1.76% 91 1.57% $ 2,527.70
Sand City 59 1.08% 70 1.20% $ 1,932.00
Soledad 173 3.17% 231 3.97% $ 6,391.70
Salinas 2006 36.77% 2244 38.60% $ 62,146.00
Seaside 257 4.71% 298 5.13% $ 8,259.30
TOTAL 5456 100.00% 5780 100% $ 161,000.00
13 is Memorandum of Understanding (MOU) is entered into by the following participating agencies:
MONTEREY COUNTY SHERIFF’S OFFICE
CARMEL POLICE DEPARTMENT
DEL REY OAKS POLICE DEPARTMENT
KING CITY POLICE DEPARTMENT
PACIFIC GROVE POLICE DEPARTMENT
GONZALES POLICE DEPARTMENT
GREENFIELD POLICE DEPARTMENT
MARINA POLICE DEPARTMENT
MONTEREY POLICE DEPARTMENT
SALINAS POLICE DEPARTMENT
SAND CITY POLICE DEPARTMENT
SOLEDAD POLICE DEPARTMENT
SEASIDE POLICE DEPARTMENT
14 SIGNATURE PAGE:
Steve Bernal, Sheriff-Coroner
_____________________________ __________________________ SIGNATURE DATE MONTEREY COUNTY SHERIFF’S OFFICE
Alan Ward, Chief of Police
_____________________________ __________________________
SIGNATURE DATE CARMEL POLICE DEPARTMENT
Jeff Hoyne, Chief of Police
_____________________________ __________________________
SIGNATURE DATE DEL REY OAKS POLICE DEPARTMENT
Keith Boyd, Chief of Police
_____________________________ __________________________
SIGNATURE DATE KING CITY POLICE DEPARTMENT
Cathy Madalone, Chief of Police
_____________________________ __________________________
SIGNATURE DATE PACIFIC GROVE POLICE DEPARTMENT
Keith Wise, Chief of Police
_____________________________ __________________________
SIGNATURE DATE GONZALES POLICE DEPARTMENT
Bill Mixer, Acting Chief of Police
_____________________________ __________________________
SIGNATURE DATE GREENFIELD POLICE DEPARTMENT
15 Tine Nieto, Chief of Police
_____________________________ __________________________
SIGNATURE DATE MARINA POLICE DEPARTMENT
Dave Hober, Chief of Police
_____________________________ __________________________
SIGNATURE DATE MONTEREY POLICE DEPARTMENT
Roberto Filice, Chief of Police
_____________________________ __________________________
SIGNATURE DATE SALINAS POLICE DEPARTMENT
Brian Ferrante, Chief of Police
_____________________________ __________________________
SIGNATURE DATE SAND CITY POLICE DEPARTMENT
Damon Wasson, Chief of Police
_____________________________ __________________________
SIGNATURE DATE SOLEDAD POLICE DEPARTMENT
Nick Borges, Acting Chief of Police
_____________________________ __________________________
SIGNATURE DATE SEASIDE POLICE DEPARTMENT
Item No. 9(G)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: ANTHONY STORELLI, PUBLIC WORKS SUPEINTENDENT
RE: CONSIDERATION OF AWARD OF CONTRACT FOR STREET
RESTRIPING SERVICES
RECOMMENDATION:
It is recommended City Council: 1) award a contractor services agreement for annual street striping services to Central Valley Striping in the amount $31,615 and an additional $12,363.75 for the ad-alternate items for diagonal parking repainting.
BACKGROUND:
The City maintains approximately 31 centerline miles of public roads that include striping and pavement markings to assist with traffic control. The striping and pavement markings include linear striping between lanes and direction of travel, as well as crosswalks, stop limit lines, turn arrows, stop legends and other traffic control markings. In addition, the City maintains the diagonal parking stalls in the downtown area. These markings are painted on road surface and must be periodically repainted because of wear from traffic and weather. Historically, linear stripe painting has been completed by a private contractor because the City does not own the equipment necessary to paint linear street striping. The City Public Works Department has traditionally painted the pavement marking legends and crosswalks.
The proposed striping and diagonal parking stall work includes the following:
• Base Bid - Routine linear striping historically completed by private contractors and funded in the current Street Maintenance budget. • Ad Alternate - Diagonal parking stalls installed in 2020.
CITY COUNCIL
CONSIDERATION OF AWARD OF CONTRACT FOR STREET RESTRIPING
SERVICES
AUGUST 9, 2022
PAGE 2 OF 3
DISCUSSION:
On June 10, 2022, bid documents were distributed and advertised for the annual street restriping services. On July 14, 2022, formal bids for street striping services were received from four companies. The apparent, responsive low bidder was Central Valley Striping. The bid summary is attached. (Attachment #2) It is recommended that the City Council award a contract to Central Valley Striping in the amount of $43,978.85, which includes $22,446.20 for the base bid and $12,363.75 for the ad-alternate items for diagonal parking repainting. (Attachment #3).
COST ANALYSIS:
Award of this contract will result in expenditures of $10,000 from the Street Maintenance Budget in FY 2022-23 and $34,000 is proposed to be charged to the Gas Tax funds and Measure X funds.
ENVIRONMENTAL REVIEW:
This maintenance project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, section 15301 as this agreement would be limited to pavement striping maintenance. No exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation to award the contract to Central Valley Striping;
2. Do not approve staff’s recommendation to award the contract and direct staff to revise and rebid the proposed street striping work; or
3. Provide other direction to staff.
Exhibits:
1. Formal Bid Results
2. Central Valley Striping bid
3. Draft Agreement
Exhibit 1
EXHIBIT 2
City of King
202 Citywide Street Restriping project
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF KING AND
CENTRAL VALLEY STRIPING
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 9
th day of August, 2022 (“Effective Date”) by and between the City of King, a California municipal corporation (“City”) and Central Valley Striping, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of King Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this EXHIBIT 3
City of King
202 Citywide Street Restriping project
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 [Reserved]
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
City of King
202 Citywide Street Restriping project
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“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.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay the subcontractor’s workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
City of King
202 Citywide Street Restriping project
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officials, officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components
City of King
202 Citywide Street Restriping project
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
City of King
202 Citywide Street Restriping project
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or a total compensation amount up to $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the unit prices set forth in the Bid Schedule in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
City of King
202 Citywide Street Restriping project
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
1.12 Trenching and Excavation.
In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract.
The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual
City of King
202 Citywide Street Restriping project
expenses, shall not exceed nineteen thousand, five hundred and five dollars and twenty cents ($19,505.20) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified unit prices per measured quantities, tasks or the percentage of completion of the services less the contract retention;, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid, subject to the Schedule of Compensation (Exhibit “C”), within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be
City of King
202 Citywide Street Restriping project
returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Notwithstanding, if the work is being funded by grant or other funding administered by a third party outside the control of the City, such as the County of Monterey, Contractor acknowledges and agrees this may increase processing time for payment, and no payment of interest shall accrue if the City has used reasonable efforts to cause the Contractor to be paid within thirty (30) days.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
City of King
202 Citywide Street Restriping project
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Carlos Garcia ____________ Owner
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
City of King
202 Citywide Street Restriping project
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager orsuch person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
City of King
202 Citywide Street Restriping project
hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. For Commercial General Liability (CGL) coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any
City of King
202 Citywide Street Restriping project
insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officials, officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing at least ten (10) days prior written notice to City, or at least ten (10) days prior written notice to City in the case of cancellation for nonpayment. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
“CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, AT LEAST TEN (10) DAYS
ADVANCED WRITTEN NOTICE OF CANCELLATION SHALL BE
DELIVERED TO CITY AT (EXCEPT CANCELLATION DUE TO
NONPAYMENT SHALL REQUIRE TEN (10) DAYS ADVANCED WRITTEN NOTICE).”
Contractor’s Authorized Initials _______
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.
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.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials,
City of King
202 Citywide Street Restriping project
employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
In the event of a conflict, the terms of Section 5.1 and 5.2 shall have precedence and prevail over any form of Certificate of Insurance, or any Insurance Endorsement, included in the Contract Documents.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees, volunteers and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the Indemnified Parties for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Indemnified Parties harmless therefrom; (c) In the event any Indemnified Party is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Indemnified Party any and all
City of King
202 Citywide Street Restriping project
costs and expenses incurred by the Indemnified Party in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or Finance Director of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.6 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor unless otherwise required by Section 22300.
Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow
City of King
202 Citywide Street Restriping project
agent at the sole expense of the Contractor unless otherwise required by Section 22300. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference.
5.7 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
City of King
202 Citywide Street Restriping project
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Contractor’s conduct.
City of King
202 Citywide Street Restriping project
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Santa Clara, State of California.
7.2 Disputes and Claims.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Public Contract Code Sec. 9204 Claims Procedure (AB 626). AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for the filing of claims by a contractor, or by a contractor on behalf of a subcontractor, on any public works project effective January 1, 2017. The parties shall comply with the provisions of Public Resources Code Section 9204, which are fully set forth in Exhibit “E.”
City of King
202 Citywide Street Restriping project
(c) Dispute Resolution. To the extent not superseded by Public Contract Code Section 9204, this Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
City of King
202 Citywide Street Restriping project
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of one hundred dollars ($ 100.00 ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
City of King
202 Citywide Street Restriping project
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
City of King
202 Citywide Street Restriping project
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Additionally, Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (“IRCA”). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. Further, should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement in violation of the law, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King, 212 South Vanderhurst Avenue, King City, CA 93930 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
City of King
202 Citywide Street Restriping project
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
City of King
202 Citywide Street Restriping project
9.7 Authority to Act on Behalf of Entity.
The person(s) executing this Agreement on behalf of any entity that is a Party hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
City of King
202 Citywide Street Restriping project
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING, a municipal corporation
____________________________________
Steven Adams, City Manager
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONTRACTOR:
____________________________________
*By:________________________________
Name:
Title:
*By:________________________________
Name:
Title:
Address:
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE EVIDENCE OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED. 01222.0006/459106.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01222.0006/459106.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
City of King
2018 Citywide Street Restriping project A- 1
EXHIBIT “A”
SCOPE OF WORK
I. Project Description: The work to be performed under this Contract consists of furnishing all labor, materials, tools and equipment and constructing complete and in place improvements for the City of King 2022 Citywide Street Restriping project as bid documents herein attached.
II. Contractor’s work shall also conform to all of the standards and specifications in the following documents, incorporated herein by this reference:
A. Notice of Formal Bid/ Quotation Request Form- Bid Number PW2022-002 B. General Conditions and Specifications
C. Most current Caltrans Standard Plans and Specifications III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City appraised of the status of performance by delivering the following status reports, starting sixty (60) days after the Effective date if the work has not already been completed:
A. The Contractor shall submit a narrative report as a part of his monthly progress review and update, in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed.
B. Contractor shall update the schedule on a monthly basis, showing progress on each activity or task. After each monthly update, the Contractor shall submit to the City one (1) print of the last accepted Construction Schedule, marked up in red in accordance with the monthly review; and one (4) bond copies incorporating the updated schedule information.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
01222.0006/459106.1 B-1
EXHIBIT “B”
[NOT APPLICABLE]
01222.0006/459106.1 C- 1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal, as follows:.
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item of work, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the work performed upon submission of a valid invoice pursuant to Section 2.4.
01222.0006/459106.1 D- 1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Work shall only be performed between the hours of 7:00 a.m. and 7:00 p.m., on weekdays, except for work in retail and industrial/ commercial areas where night work is authorized. The Contractor must notify the City in advance of any planned and approved night work. Work shall not be performed on Saturdays, Sundays or legal holidays. Exceptions to the above hours of work will be permitted only after obtaining written authorization from the City.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Work Item Start Date Deadline Date
A. All work August 29, 2022 October 30, 2022
01222.0006/459106.1 D- 2
EXHIBIT “E”
PUBLIC CONTRACT CODE SEC. 9204
NEW PUBLIC WORKS CLAIMS
PROCEDURE
AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities. The text of this new legislation is set forth below:
Public Contract Code § 9204.
Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a 01222.0006/459106.1 D- 3
charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 01222.0006/459106.1 D- 4
claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits 01222.0006/459106.1 D- 5
of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
City of King
2021 Citywide Street Restriping project
Contractor’s Certificate Regarding Worker’s Compensation Description of Contract:
City of King
2021 Street Restriping Project
Labor Code Section 3700 Provides (in part):
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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.
Dated: , 20___
(Contractor)
By____________________________________
______________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the City prior to performing any work under this contract.
Item No. 9 (H)
STAFF REPORT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF THE TRANSPORTATION AGENCY OF
MONTEREY COUNTY (TAMC) 2022 PAVEMENT MANAGEMENT
PROGRAM FUNDING AGREEMENT
RECOMMENDATION:
It is recommended City Council authorize the City Manager to execute the 2022 Pavement Management Program Update Funding Agreement by and between the Transportation Agency of Monterey County (TAMC) and the City of King.
BACKGROUND:
The Measure X sales tax measure provides much needed transportation and streets maintenance funding for all local jurisdictions in the County of Monterey and is administered by the Transportation Agency of Monterey County (TAMC).
One of the requirements to receive funds is for the City maintain a Pavement Management System (PMS) that meets TAMC requirements. This has been accomplished by the City of King since Measure X was adopted by the voters by entering into a cooperative agreement through TAMC for a consultant to provide these services to multiple agencies to take advantage of a cost sharing arrangement. At their January 26, 2022 meeting, the TAMC Board authorized staff to continue this service and enter into reimbursement agreements with local agencies for TAMC to procure professional and technical services for Pavement Management Program Update services. The City of King is one of the seven agencies that expressed an interest in participating in the joint procurement by TAMC for the Pavement Management Program Update.
CITY COUNCIL
CONSIDERATION OF THE TRANSPORTATION AGENCY OF MONTEREY
COUNTY (TAMC) 2022 PAVEMENT MANAGEMENT PROGRAM FUNDING
AGREEMENT
AUGUST 9, 2022
PAGE 2 OF 3
DISCUSSION:
The Funding Agreement confirms the City’s intent to participate in the joint procurement and to contribute its proportionate share of costs. TAMC will select and hire a qualified consultant to provide these services.
The Pavement Management Program is instrumental to the City’s efforts to improve the street system. It uses data on the condition of each street to develop recommendations on the most efficient allocation of funding for street improvements and preventative maintenance.
Staff recommends that the City Council adopt the Pavement Management Program Update 2022 Funding Agreement. A final cost breakdown by task and agency will be prepared before execution of the contract resulting from the RFP.
If the City were to reject this option, the City would be responsible for hiring a specialty consultant on our own at an increased cost to the City.
COST ANALYSIS:
The cost of maintaining our current Pavement Management System (PMS) is estimated by TAMC at $27,420.91. Costs will be paid by the Streets Fund, which includes Measure X funding.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that if it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract resulting from this update is for the maintenance and repair of existing streets, which will not result in the expansion of capacity of these streets. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Approve staff’s recommendations;
2. Do not approve the funding agreement and request staff to solicit bids for the City’s own Pavement Management Program update;
3. Provide other direction to staff.
EXHIBIT 1
Item No. 9 (I)
REPORT TO THE CITY COUNCIL
DATE: JULY 13, 2021
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF REVISION TO CODE ENFORCEMENT
PRIORITIES
RECOMMENDATION:
It is recommended the City Council approve revisions to the City’s Code Enforcement Priority List.
BACKGROUND:
In March 2016, the City Council established a priority list for code enforcement activity. Due to limited staffing, most code compliance issues are enforced only on a complaint basis. In order to be more effective in addressing code enforcement related problems, it was agreed to categorize issues and prioritize them so proactive enforcement would be pursued only on the top priority item(s).
The effort for each priority involves public education, efforts to seek voluntary compliance, and then enforcement actions as a last resort to achieve compliance. Once progress is made on the highest priority, staff then moves to the next item. Along with these priorities, it was also agreed to target efforts at properties where a history of criminal activity has occurred.
In addition to prioritizing issues, cases where violations are identified are also prioritized. Staff focuses activity only on a manageable number of cases at a time in order to maximize the effectiveness of the efforts and to ensure that cases are fully completed and compliance is achieved.
Due to this effort, staff believes a significant amount of progress has been made.
The priorities have been periodically adjusted once substantial conformance is achieved in the highest priority categories. The City’s Code Enforcement Priorities were last amended in August 2019.
CITY COUNCIL
CONSIDERATION OF REVISION TO CODE ENFORCEMENT PRIORITY LIST JULY 13, 2021
PAGE 2 OF 3
A staff code enforcement group meets monthly to coordinate these efforts. In addition, staff works with the Code Enforcement Citizens’ Committee, which meets quarterly. At their last meeting, the Citizens’ Committee recommended the City Council approve proposed revisions.
DISCUSSION:
The most recent priority list approved in August 2019 is as follows:
2019 Proposed Code Enforcement Priority List
Category Priority
Substandard Housing 1
Indoor Furniture Stored Outdoors 2
Businesses Operating w/o Business Licenses 3
Vehicle Abatement 4
Garage Sales 5
Maintenance of Lawns 6
The revised and updated priority list is as follows:
Category Priority
Vehicles Parked on Lawns 1
Businesses Operating w/o Business Licenses 2
Maintenance of Front Lawns 3
Removal of Holiday Lights 4
It is recommended that staff focus efforts on the two top priorities at this time.
Staff has noticed and received an increasing number of complaints recently regarding cars parked on lawns. Therefore, it is proposed as the new top priority.
In addition, staff has made significant progress in issuing business license renewals due to the efforts of the customer service assistants. However, there is still a lengthy list of non-renewals. Staff has developed a system for code enforcement actions involving those businesses that have not renewed after several notifications and believes it will be effective in addressing the remainder of the non-responders.
COST ANALYSIS:
There is no projected cost impact from this item.
Item No. 9 (J)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO MASTER FEE
SCHEDULE
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the Master Fee Schedule to modify Community Development application user fees.
BACKGROUND:
Staff has determined a number of actions have occurred involving user fees, which have not yet been reflected or addressed in the City’s Master Fee Schedule. On March 22, 2022, the City Council adopted an ordinance implementing SB 9 which created a non-discretionary process for approving an increase from one to two primary residential units per parcel, but it is not reflected in the Master Fee Schedule. On January 28, 2020, the City Council adopted an ordinance amending the standards for fences in residential zones, which also requires a fee to reimburse the City for staff review costs. In addition, it has been determined that a fee for environmental review is needed to address staff review costs when the environmental process proceeds a project application.
DISCUSSION:
SB 9 requires non-discretionary review of certain proposals which are not reflected in the Master Fee Schedule. For example, prior to the adoption of the SB 9 ordinance, lot splits were required to be reviewed by the Planning Commission. A fee for this process is in the Master Fee Schedule. SB 9 lot splits are now only reviewed at a staff level. The Master Fee Schedule does not have an application fee for this process to reimburse the City for these costs.
CITY COUNCIL
CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE
DEVELOPMENT FEES
AUGUST 9, 2022
PAGE 2 OF 3
Fence permits from the Community Development Department are now required in residential zones when the height of the front yard fence exceeds three feet in height. This also involves review by the City Engineer for vision clearance. The Master Fee Schedule does not have an application fee for this process.
In order to streamline preparation of CEQA documents (e.g., environmental impact reports), the City typically allows the applicant to prepare the documents by contracting directly with an environmental consultant. Under this circumstance, the City provides third party review because the CEQA document is ultimately the City’s document. The City had eliminated a fee exclusively for environmental review because the cost is commonly part of a Conditional Use Permit (CUP) or other land use permit application process. However, it has now been determined that there are instances where applicants request to prepare CEQA documents prior submitting the discretionary application (e.g., conditional use permit) in order to expedite the process. Therefore, staff proposes to reinstitute the fee.
The proposed amended Master Fee Schedule includes the following recommended changes:
SB 9 Fees:
• Create an SB9 lot split plot plan review fee for staff review of second units on single family lots. The review is similar to a major plot plan review process. Therefore, staff recommends using the major plot plan review fee of $1,800.
• Create an SB9 tentative parcel map review fee for staff review of the tentative and an SB 9 final parcel map review Fee. Staff recommends using the City’s fee for regular tentative and final parcel maps, which are:
o Tentative Parcel Map: Actual cost with a deposit of $2,000 plus $50 per lot.
o Final Parcel Map: Actual cost with a deposit of $2,000 plus $50 per lot.
Fence Fee:
• Staff recommends using the landscaping review fee of $300.
Environmental Review Fees:
• Categorical Exemption (Filing of Notice of Exemption): $150. • Administrative Filing Fee for Processing Environmental Determinations (Notice of Determination with County Clerk): $150.
Item No. 9 (K)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SIDE LETTER OF AGREEMENT WITH
THE KING CITY CONFIDENTIAL EMPLOYEES ASSOCIATION
RECOMMENDATION:
It is recommended the City Council approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) to remove the Human Resources Manager as a represented position.
BACKGROUND:
The current Memorandum of Understanding (MOU) with KCCEA was adopted by City Council on June 14, 2022 and went into effect on July 1, 2022. The creation of the full-time Human Resources Manager position was approved by the City Council in March 2019 and was added to the positions represented by the KCCEA since it was a confidential and management level position. It is now recommended that a Side Letter of Agreement be approved to remove this as a position represented by KCCEA.
DISCUSSION:
Creating the Human Resources Manager as a represented position has resulted in complications because it excluded the position from assisting with KCCEA labor negotiations, as well as created conflicts in negotiations with other labor groups when KCCEA information was involved. Since the position is now vacant, staff recommends removing it from representation by KCCEA and instead designate it as an unrepresented unclassified position. This is how a Human Resources Manager position is typically established, which should have been set forth when the position was first created.
Item No. 9 (L)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF THE 2022 MONTEREY COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN RECOMMENDATION:
It is recommended the City Council adopt a Resolution adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), including Volume 1: Planning Area Wide Elements and Volume 2: King City Annex.
BACKGROUND:
Monterey County and King City is potentially vulnerable to a wide range of hazards. These hazards can threaten the life and safety of residents and visitors, damage or destroy both public and private property, and disrupt the local economy and overall quality of life. While the threats from hazard events may never be fully eliminated, there is much that can be done to lessen their potential impact. The purpose of hazard mitigation is to implement and sustain actions that reduce vulnerability and risk from hazards or reduce the severity of the effects of hazards on people, property, and the environment.
The Disaster Mitigation Act (DMA) of 2000 (Public Law 106-390) requires state and local government agencies to prepare comprehensive Hazard Mitigation Plans in order to be eligible to receive pre-and post-disaster mitigation funding from the Federal Emergency Management Agency (FEMA). The DMA also requires the Hazard Mitigation Plan to be monitored, evaluated, and updated within a five-year cycle to remain eligible for disaster related benefits.
The 2022 update to the MJHMP was developed by the MJHMP Steering Committee, which is made up of participants from the County and participating jurisdictions. The Steering Committee served as an advisory body on hazard and mitigation action priorities both for the County as a whole and each jurisdiction individually. The Monterey County Office of Emergency Services (OES) served as the planning lead.
CITY COUNCIL
CONSIDERATION OF THE 2022 MONTEREY COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN AUGUST 9, 2022
PAGE 2 OF 3
A team of City staff representing all departments worked with County OES on the information incorporated in the King City Annex of the plan. The plan underwent review by the County, participating jurisdictions and the general public (review period occurred from December 2021 to March 2022). It received approval pending adoption from FEMA on June 14, 2022.
DISCUSSION:
The 2022 MJHMP is a comprehensive update to the 2016 MJHMP and represents the third iteration of the plan, which was initially adopted in 2007. The planning area for the MJHMP encompasses the entire geographic area of Monterey County and includes the following participating jurisdictions: Monterey County, the cities of Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, and Soledad, as well as the Monterey County Water Resources Agency, the Carmel Area Wastewater District, Monterey One Water, the Monterey Regional Waste Management District, and the Moss Landing Harbor District.
The Monterey County MJHMP:
• Provides an explanation of prevalent hazards within the County and describes how hazards may affect the County and participating jurisdictions differently based upon various relationships to natural hazards; • Includes a discussion of hazard location, size of a typical event, historical occurrences, and the probability of future occurrences for each identified hazard;
• Identifies risks to vulnerable assets, both people and property; • Provides a mitigation strategy that responds to the identified vulnerabilities within each community and provides prescriptions or actions to achieve the greatest risk reduction based upon available resources; • Pools resources from throughout the County and creates a uniform local hazard mitigation plan that can be consistently implemented; and • Ensures eligibility for Federal Emergency Management Agency (FEMA) and Cal OES grants.
The King City Annex provides specific details on the City planning process, a City specific risk and vulnerability assessment, and a mitigation strategy that responds to the identified vulnerabilities within to achieve the greatest risk reduction based upon available resources. The King City Annex is attached as Exhibit 1. A copy of the full MJHMP can be found on the City’s website.
Item No. 9 (M)
STAFF REPORT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF THE TRANSPORTATION AGENCY OF
MONTEREY COUNTY (TAMC) PEDESTRIAN AND BICYCLE
WAYFINDING PROGRAM FUNDING AGREEMENT
RECOMMENDATION:
It is recommended City Council authorize the City Manager to execute the Pedestrian and Bicycle Wayfinding Program Funding Agreement by and between the Transportation Agency of Monterey County (TAMC) and the City of King.
BACKGROUND:
The need for a wayfinding plan was identified in the Transportation Agency’s 2011 Master Bicycle and Pedestrian Plan as a means for promoting bicycling and walking throughout Monterey County. Wayfinding signs can ease navigation for bicyclist and pedestrians, reduce travel times and enhance a region’s brand by publicizing key regional destinations. When combined with secure bicycle storage and a network of bicycle paths and lanes, a wayfinding system can attract more bicyclists.
In May 2016, the TAMC Board of Directors adopted the Regional Pedestrian and Bicyclist Wayfinding Plan for Monterey County (“Wayfinding Plan”) and authorized the submission of grant applications to implement the Wayfinding Plan. In 2020, TAMC was awarded $1,931,000 in Local Transportation Funds and State SB1 Local Partnership Program funds for development and implementation of the Wayfinding Plan within TAMC’s boundaries.
A regional funding agreement was developed and in March 2021, the TAMC Board authorized the Agency to execute funding agreements with participating jurisdictions. The agreement outlines the responsibilities of the Transportation Agency and the underlying jurisdictions. TAMC will fund the fabrication and
CITY COUNCIL
CONSIDERATION OF THE TRANSPORTATION AGENCY OF MONTEREY
COUNTY (TAMC) PEDESTRIAN AND BICYCLE WAYFINDING PROGRAM
FUNDING AGREEMENT
AUGUST 9, 2022
PAGE 2 OF 3
installation of the wayfinding signs and the underlying jurisdiction will issue permits and accept ownership and maintenance of the installed signs.
DISCUSSION:
The Funding Agreement confirms the City’s intent to participate in the Wayfinding Sign Program and to maintain the wayfinding signs within the City.
The City of King desires to improve driver, bicyclist, and pedestrian safety by conforming to TAMC’s Wayfinding Plan. Implementing uniform wayfinding signage throughout Monterey County will provide an effective tool for all, especially visitors, and encourage active transportation, by designating clear directions and distances to various assets in the City. It will also be consistent with the City’s efforts to develop a comprehensive bicycle and pedestrian path system.
As shown in Exhibit B to the Agreement, King City’s proposed signs will be designed to be as consistent as possible to the regional standards, each with a multi-colored topper sign. The signs will generally be at the locations shown in Exhibit C. Each sign verbiage, legends, and distances will be unique for each location. When completed, there will be approximately 5 new signs.
COST ANALYSIS:
There is no fiscal impact for this action. The City will be responsible for the maintenance and replacement of the signage if damaged or upon the end of their useful life.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that if it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract resulting from this update is for the maintenance and repair of existing streets including signage, which will not result in the expansion of capacity of these streets. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
EXHIBIT 1
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF FUTURE GOLF COURSE PRIORITIES
RECOMMENDATION:
It is recommended the City Council provide general direction to staff and the City Council subcommittee on the City Council’s future vision for the King City Golf Course and whether the highest priority and emphasis of the facility should be on youth programming or improving the golf experience for adults and attracting visitors.
BACKGROUND:
The existing contract for operation of the King City Golf Course is due to expire on October 31st. As a result, staff distributed a Request for Proposal (RFP) to select the future operator. Four proposals were received. Staff reviewed the proposals, conducted initial interviews, and narrowed the proposals to the top two finalists. At the July 12th meeting, the City Council appointed a City Council subcommittee composed of Council Members Cullen and Acosta to assist staff in developing a recommendation. A second round of interviews were completed and the subcommittee has determined it would be helpful to obtain additional general input from the full City Council on the future vision and priorities for the Golf Course to assist in establishing a recommendation.
DISCUSSION:
The subcommittee was established to assist staff because the key considerations involve overall policy issues. The subcommittee is evaluating two very strong proposals that staff believe will both result in meaningful improvements to the operation of the Golf Course, as well as comparable risks of likely increased costs. Both proposals also include improvements to both adult and youth programming.
CITY COUNCIL
CONSIDERATION OF GOLF COURSE OPERATOR SELECTION
SUBCOMMITTEE
AUGUST 9, 2022
PAGE 2 OF 2
However, the primary difference is that one proposal places a stronger emphasis on utilizing the Golf Course to increase youth programs and services as the highest priority. The other proposal places a stronger emphasis on improving the golf experience and facility to attract more adult play and visitors to King City.
Both are important goals. Keeping in mind that both options will include a mix of adult and youth programming, staff requests general direction from the City Council on which you believe should be the highest priority and emphasis at the Golf Course. Staff hopes to bring forward a final recommendation at the next meeting for City Council consideration.
COST ANALYSIS:
There are no cost impacts associated with providing general direction of Golf Course priorities. Both proposals have been projected to result in a cost increase when compared to the current operation.
ENVIRONMENTAL REVIEW:
The proposed action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Provide direction that youth programming is the highest priority for the Golf Course;
2. Provide direction that improving the golf experience for adults and attracting visitors is the highest priority for the Golf Course;
3. Request scheduling a workshop for the full City Council to review and consider both proposals; or
4. Provide staff other direction.
Prepared and Approved by: _____________________________________ Steven Adams, City Manager