Agenda packet — Lakeport City Council, July 16, 2024

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR

AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, July 16, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of July 16, 2024 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, July 16, 2024, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of July 2, 2024.

C. Application 2024-028: Approve application 2024-028, with staff recommendations, for the Lake County Wine Association’s Wine Festival and BBQ.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. Presentation: Presentation by a representative of Vet Connect.

C. Presentation: Presentation of the Visit Lake County CA Annual Report.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Administrative Services Director

1. Contract Award: Authorize the City Manager to enter into an agreement with Tripepi Smith for the provision of communications and social media services as outlined in their revised proposal dated 6/21/2024, with a total budget not to exceed $35,000.

B. Community Development Director

1. Ordinance Introduction: Introduce an ordinance of the City Council amending the City of Lakeport Sections

16.04.020 of Chapter 16.04 and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter City Council Agenda of July 16, 2024 Page 3

16.23 of Title 16 of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments and set a public hearing for August 6, 2024.

C. Utilities Director

1. Drought Response: Adopt a Drought Response Plan.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

IX. CLOSED SESSION: 1. Conference with Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.

City of Lakeport et al. v. Amerisourcebergen Drug Corporation et al. (NDO MDL 1:20-op-45242-DAP)

2. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association
ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of July 2, 2024 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, July 2, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:00 p.m., with Mayor Froio, Costa, Disney, Mattina, and Council Member Parlet present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain Stoebe.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to accept agenda as posted.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of June 18, 2024.

C. Emergency Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

D. Notice of Completion: Adopt the resolution accepting construction of the Carnegie Library Improvement Project, by Skiles and Associates, Inc. and authorize the filing of the Notice of Completion.

E. Master Salary Schedule Update: Approve a Resolution rescinding Resolution 2925 (2023) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

F. 3rd Quarter Financial Update: Review and file the 3rd Quarter Financial Update.

Vote on Consent Agenda: A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, Items A-F.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Supervisor Green expressed his concerns about fireworks during red flag conditions.

He would like to see a mechanism that would allow the fireworks to be prohibited in red flag conditions.

B. Presentation: Will Evans gave a presentation by the Clear Lake Environmental Resource Center.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

City Council Minutes of July 2, 2024 Page 3
A. Assistant City Manager

1. Delinquent Utilities: The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to adopt the resolution to cause a written report to be prepared and filed with the City Clerk regarding delinquent water, sewer and solid waste user charges, fees, and penalties for the period of June 1, 2023, through May 31, 2024 and setting a public hearing on the written report prior to collection on the tax roll.

B. Police Chief

1. Cannabis Grant: The staff report was presented by Officer Freitas.

A motion was made by Council Member Parlet, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution formally authorizing the receipt by the Lakeport Police Department of grant funding from the State of California Department of the California Highway Patrol.

C. Utilities Director

1. Contract Award: The staff report was presented by Utilities Director Harris.

A motion was made by Council Member Mattina, seconded by Council Member Costa, and unanimously carried by voice vote 5-0-0-0 to accept the bid from Summit Signal, Inc. dba Danny Mihelcic Construction Services for the permanent installation of three (3) generators and award a contract in the amount of $101,647.88.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman had no report.

City Manager Ingram reported that the ground-breaking ceremony for the new Courthouse will be tomorrow. The City is monitoring the red alert and potential PSPS’s.

Captain Stoebe had no report.

Chief Rasmussen reported that City Hall will be the command center for 4th of July operations. Once again there will be inter-agency assistance.

Public Works Director Ladd had no report.

Community Development Director Hejnowicz reported that CDD is issuing second notices for weed abatement.

Administrative Services Director Buendia was absent.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet attended the LTA Board meeting last week. He advised that insurance rates for the agency are rising.

Council Member Costa commented on Supervisor Green’s concerns about fireworks.

Council Member Disney reported that the LFPD had a town hall for planning a new fire station and that they prefer to stay downtown.

Council Member Mattina reminded everyone of the Cinema by the Shore event tonight.

Mayor Froio had no report.

City Council Minutes of July 2, 2024 Page 4
ADJOURNMENT: Mayor Froio adjourned the meeting at 7:05 p.m. _______________________________________
Michael Froio, Mayor

CITY OF LAKEPORT
225 Park Street Please Note: Phone: (707) 263-5615, Ext. 102 Lakeport, CA 95453 Bounce Houses and Waterslides are prohibited Fax: (707) 263-8584

APPLICATION FOR USE OF PUBLIC AREAS
Please note: City Council meetings are held the FIRST and THIRD TUESDAY of the month. Application forms require City Council approval and must be completed and submitted to the City Clerk at least one month prior to the Council meeting at which they will be considered.

This section to be completed by City:

Application Received (Date): Application No.
$15.00 Application Fee Paid For Council Meeting of (Date):

This section to be completed by Applicant (please answer all questions with as much detail as possible):

Applicant Name: Organization Name:

Address: Address:

Home Phone: Work Phone: Mobile Phone:

Email Address: Website/Facebook Page:

Other Contact: Phone for Other Contact:

Organization is: Nonprofit Organization For Profit Organization Name of Event:

Description of Event:

Public Area of Use: ☐ Main Street ☐ Library Park ☐ Silveira Community Center Parking Lot ☐ Xabatin Community Park Specific Location of Event (Map Must be Attached):

Does this use involve public right of way, streets, or sidewalk? Yes No If yes, please indicate specific location:

If requesting closure of streets, sidewalk, etc., please describe notification procedure for affected businesses and/or residences:

Date(s) of Event: Total Number of Days: Set Up Time:

Time of Event:

Tear Down Time:

Specify anticipated number of people (both participants and the public):

Will any vendors be present? Yes No Will any food booths be present? Yes No Requirements:

Electricity (cannot be guaranteed by City)
Barricades
Street/Sidewalk Closures
No irrigation in park prior to event
Other (please specify):

Coordination of these requirements must be made through the Public Works Department: (707) 263-0751
Specific City Staff Needs:

Police
Public Works
Parks
Other (please specify):

The City reserves the right to bill applicant for related City costs.

INSURANCE CERTIFICATE REQUIRED
Note: The insurance certificate provided to the City by your organization’s insurance company must name the City of Lakeport as an additional insured for the event specified in this application and must include a copy of any endorsements, including Waiver of Subrogation.

The insurance provided to the City as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City. The minimum coverage amount required is $2,000,000. The certificate and endorsements must also be in a form acceptable to risk management and available for review 15 working days prior to the scheduled event.

USE OF ALCOHOL: Is a permit for alcoholic beverages requested? Yes No If you have checked yes, you must obtain a signed permit from the Lakeport Police Department and attach it to this application. This will allow for consumption of alcoholic beverages in connection with the event but will NOT allow for the SALE of alcoholic beverages. If alcoholic beverages are going to be sold or included with the price of any ticket or admission to the event, then the applicant is required to obtain a one-day license from the California Department of Alcoholic Beverage Control. This one-day permit would be required in addition to a permit by the Lakeport Police Department.

HOLD HARMLESS AGREEMENT
In consideration of allowing the event(s) specified in this application, and to the fullest extent permitted by law, I/we agree to indemnify and hold harmless the City of Lakeport and its agents and “employees” from and against any injury, damage, claims, actions or suits arising out of the herein described Event, including those caused by negligence of the parties being indemnified and/or any dangerous condition of property of the parties being indemnified, and further agrees to defend and indemnify the City of Lakeport from and against any injury, damage, claims, actions or suits arising out of or connected with the foregoing event(s).

COVID-19 WAIVER
I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself and others attending my event may be exposed to or infected by COVID-19. I agree to having all attendees follow CDC and Lake County Department of Public Health recommendations for enhanced health and safety measures related to COVID-19 and follow all posted instructions while using City facilities; including requirements for social distancing, wearing of face coverings, participant grouping, types of activities allowed, and potential limits on event size.
________________________________________________ Dated:

Signature of Applicant
Responsible Official of Applicant Organization

STAFF RESPONSE
This section to be completed by City and Other Affected Agencies:

Staff Name: Department:

No Fiscal Impact Fiscal Impact
(Describe/Include Estimated Costs)
Police
Public Works
Parks
Other (please specify):

The following will be Required:

Business License Health Department Permit
ABC License Other (Specify):

Staff Comments:

This section to be completed by City Clerk following Council meeting:

Considered at Council Meeting (Date): Application Approved Application Denied
Application Approved With Conditions (See Below)
Conditions of Approval:

Attachments (specify):

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Memorandum
DATE: June 7, 2024
TO: Hilary Britton, Deputy City Clerk/Records Supervisor FROM: Ashley Brown, Senior EHS
RE: Application 2024-027 Lake County Barbecue and Wine
/SR0005534
APN: 025-601-07 (Xabatin Community Park)
The Lake County Winery Association (Sponsor) must apply and pay for a sponsor temporary permit for a community event at least two weeks prior to the event from the Lake County Environmental Health Division Office. The food vendors must apply and pay for the temporary permit for the community event from the Lake County Environmental Health Division Office at least two weeks prior to the event.

Please note: The temporary permit, once issued, is not transferable, and is only good for that specific community event only.

COUNTY OF LAKE
Health Services Department
Environmental Health Division
922 Bevins Court
Lakeport, California 95453-9739
Telephone 707/263-1164
FAX 707/263-1681
Anthony Arton
Health Services Director
Noemi Doohan, MD, PhD, MPH
Public Health Officer
Craig Wetherbee
Environmental Health Director
Promoting an Optimal State of Wellness in Lake County
RE: 2024-027 LCWA - BBQ & Wine Festival
Dale Stoebe <[email protected]>
Fri 6/28/2024 8:06 AM
To:Hilary Britton <[email protected]>;Amanda Frazell <[email protected]>;Johnnie Lindsey <[email protected]>;Lisa Davey-Bates <[email protected]>;Lori Price <[email protected]>;Pheakdey Preciado <[email protected]>;Ron Ladd <[email protected]>;Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>;Bethany Moss <[email protected]>;Katie Carpenter <[email protected]>;Kelly Buendia <[email protected]>;[email protected] <[email protected]>;Patrick Reitz <[email protected]>;Jim Kennedy <[email protected]>;Linda Sobieraj <[email protected]>;Matt Hartzog <[email protected]>;Michelle Humphrey <[email protected]>;Ryan Cooley <[email protected]>;Ky Ramsey <[email protected]> Police Department has no issue with this proposed event. As a NOTE, if Alcohol will be available for sale, they will need to complete and circulate the ABC 1-day License Application form for signatures.

Thank you,
Dale D Stoebe
Captain
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Hilary Britton <[email protected]>
Sent: Friday, June 28, 2024 8:01 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: 2024-027 LCWA - BBQ & Wine Festival
Hi all,
Please find attached application 2024-027 for the LCWA BBQ & Wine Festival for your review and comments.

We would like to submit this for City Council approval at the 07/16/2024 Council meeting, so please have your comments back to me by 07/11/2024.

FW: 2024-027 LCWA - BBQ & Wine Festival
Lake County Sheriff - Records <[email protected]> Tue 7/2/2024 12:51 PM
To:Hilary Britton <[email protected]>
Please see Sheriffs Office response below
Records Unit
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Richard Ward <[email protected]>
Sent: Tuesday, July 2, 2024 10:14 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: 2024-027 LCWA - BBQ & Wine Festival
No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

P.O. Box 489
Lakeport, Ca. 95453
(707) 262-4081 Desk
(707) 262-4220 Fax
(707) 262-4200 Administration
[email protected]
www.lakesheriff.com
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Lake County Sheriff - Records <[email protected]> Sent: Friday, June 28, 2024 8:32 AM
To: Richard Ward <[email protected]>
Subject: FW: 2024-027 LCWA - BBQ & Wine Festival
Please see below.

Respectfully,
Alexa May
Records Technician
Phone: 707-262-4200
Fax: 707-262-4204
Dispatch: 707-263-2690
1220 Martin St.

Lakeport, CA 95453
www.lakesheriff.com
From: Hilary Britton <[email protected]>
Sent: Friday, June 28, 2024 8:01 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] 2024-027 LCWA - BBQ & Wine Festival Hi all,
Please find attached application 2024-027 for the LCWA BBQ & Wine Festival for your review and comments.

We would like to submit this for City Council approval at the 07/16/2024 Council meeting, so please have your comments back to me by 07/11/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Meeting Date: 07/16/2024 Page 1 Agenda Item VII.A.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Award of Contract to Tripepi Smith for Communications and Social Media Services
MEETING DATE: 7/16/2024
SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to authorize the City Manager to execute an agreement with Tripepi Smith for the provision of communications and social media services as outlined in their revised proposal dated 6/21/2024, with a total budget not to exceed $35,000.

BACKGROUND/DISCUSSION:

The City of Lakeport identified a need for enhanced communication and social media services to support employee culture and recruitment efforts. To address this, the City issued a Request for Proposal (RFP) for a qualified consultant to provide these services.

Eight firms submitted proposals and the top four candidates were interviewed. Tripepi Smith was selected as the top candidate due to their extensive experience in local government communications and their large, highly skilled team capable of providing comprehensive expertise and personalized support to our staff.

Throughout the proposal and selection process, it became evident that the City staff needed tools to assist with all city communications, not just those related to employee recruitment. It was clear that tools and services that could enhance the overall quality, consistency, and effectiveness of the City's communication efforts were necessary. This includes capabilities such as professional graphic design, advanced website support, high-quality videography and photography, and strategic content development to ensure all communications are polished, cohesive, and engaging.

After further discussion with Tripepi Smith, they submitted a revised proposal on June 21, 2024, outlining their capabilities and approach to meet the City's needs and budget. Their proposal includes the development of employer mission and vision statements, a style guide, graphic design and website support, videography/photography/drone support, a 12-month employer communications calendar, and on-call services.

The proposal outlines a combination of fixed fee and time & materials costs, with a total proposed budget of $31,995.

Tripepi Smith has demonstrated a clear understanding of the City of Lakeport's needs and provided a detailed approach to enhance our communication and recruitment efforts. Their experience with similar projects, combined with their comprehensive service offerings, makes them a suitable partner for this engagement. Staff Meeting Date: 07/16/2024 Page 2 Agenda Item VII.A.1.
recommends that the City Council award the contract for Communications and Social Media Services Related to Employee Culture and Recruitment to Tripepi Smith.

OPTIONS:

1. Authorize the City Manager to execute the agreement and budget amendment.

2. Provide alternative direction.

FISCAL IMPACT:
☐ None ☒ $35,000 Budgeted Item? ☒Yes ☐ No
Budget Adjustment Needed? ☒Yes ☐ No If yes, amount of appropriation increase: $5,000 Affected fund(s): ☒ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments: Proposed amount exceeds budget by $5,000
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to authorize the City Manager to enter into an agreement with Tripepi Smith for the provision of communications and social media services as outlined in their revised proposal dated 6/21/2024, with a total budget not to exceed $35,000.
☒ Attachments: 1. Tripepi Smith Revised Proposal for Communications and Social Media Services Related to Employee Culture and Recruitment

2. RFP Document

3. Draft Agreement with Tripepi Smith
Proposal submitted for:

City of Lakeport
Communication, Social Media Services Related to
Employee Culture and Recruitment
Submitted: March 27, 2024
Revised: June 21, 2024
By: Ryder Todd Smith, President
Christine Martin, Director
Kylie Sun, Business Analyst
City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 2

TABLE OF CONTENTS

1. COVER LETTER..........................................................................................................3

2. PROJECT UNDERSTANDING & APPROACH............................................................4

3. PROPOSED BUDGET.................................................................................................8

4. SIMILAR PROJECTS, REFERENCES & SAMPLES.....................................................12

5. PROJECT TEAM.......................................................................................................17

6. FIRM BACKGROUND & EXPERIENCE.....................................................................21 City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 3

1. COVER LETTER
Thank you for the opportunity to propose communication services to the City of Lakeport. This proposal will outline our approaches to outreach and talent attraction in order to best serve Lakeport’s goals.

While Tripepi Smith has already actively involved supporting Lakeport’s outreach and recruitment efforts, this proposal outlines how our team can broadly deliver for these particular areas. We offer all requested information, including an understanding of your needs, our approach to addressing them, a cost proposal and more.

Tripepi Smith has a deep understanding of the unique dynamics of local communities: over 200 local government agencies, primarily in California, have chosen us to support their communications needs.

We’ve leveraged our team’s knowledge and talents to make our firm a valuable player in executive and staff recruitment services, as well. Tripepi Smith team offers unrivaled design skills, video production, website support, recruitment knowledge, paid advertisement expertise, content creation abilities, local government familiarity and connections to help drive awareness and interest in the positions we recruit for.

Engaging constituents and telling your agency’s story is not a simple matter. It takes work, consistency, innovation and creativity to make an impact. We are confident that our dedication and proven track record make us the right partner for Lakeport. Thank you for considering us in this endeavor. We eagerly anticipate the chance to discuss our proposal in more detail.

Authorization
As co-founder and president of Tripepi Smith and TS Talent Solutions, I am qualified to enter into agreements with the City and to make the statements below on behalf of the firm. Tripepi Smith will perform the services and adhere to the requirements described in the RFP. This proposal is valid for 90 days from the date of submission.

Regards,
Ryder Todd Smith
Co-Founder & President, Tripepi Smith
[email protected] • (626) 536-2173 • P.O. Box 52152, Irvine, CA 92619 Ryder is the contact person throughout the evaluation period.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 4

2. PROJECT UNDERSTANDING & APPROACH
The City of Lakeport’s Needs
The City of Lakeport is seeking a communications and social media provider to supplement staff efforts for up to 5 years. The City desires a consultant that can offer “a broad understanding of local government services and communication tools as well as an understanding of the City of Lakeport.” In order to advance its values of transparency, public engagement and community engagement, the City would like to pursue the following services:

1. Employer Mission & Vision Statements

2. Style Guide

3. Graphic Design and Website Support

4. Videography/Photography/Drone Support

5. 12-Month Employer Communications
Calendar

6. On-Call Services
Tripepi Smith’s General Approach
Tripepi Smith has extensive experience with all aspects of the requested scope of work. Moreover, we merge both marketing and communication expertise and recruitment tact to confidently execute on the requested tasks. Like the City, we see value in augmenting Staff efforts in order to advance City goals.

We’ve suggested a modification to the City’s Scope of Required Services by simply splitting the City’s single task for “Graphic Design and Website Support” into 3 separate tasks: Graphic Design Support, Website Support, LinkedIn Revamp. This structure allows us to thoroughly explain our approach to each task, as well as provide accurate pricing later in the cost proposal. Our modified outline is:

1. Employer Mission & Vision Statements

2. Style Guide

3. [NEW] Graphic Design Support

4. [NEW] Website Support

5. Videography/Photography/Drone Support

6. 12-Month Employer Communications
Calendar

7. On-Call Services
We break the City’s request down into a series of Fixed Fee (One-Time) and Time & Materials (AsNeeded) services. We’ve taken care to define a scope with flexible work product/deliverables that can be repurposed time and time again to sustain outreach momentum, all while maximizing cost efficiency.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 5 General Project Management
Tripepi Smith begins all engagements with a kickoff meeting with the client to: introduce personnel to one another, define Key Performance Indicators (metrics, goals and timelines); review project management processes and tools; and ensure each team member has a full understanding of their responsibilities.

Tripepi Smith primarily uses the following tools to manage projects:
• Google Workspace for email, creating real-time collaborative documents and instant messaging; • Zoom or Google Meet for conference calls;
• Hootsuite and Sprout Social for social media management; • Meltwater for social media and media monitoring;
• Kantata for project/task management, internal project status updates and time entry.

These project management tools enable project manager(s) to quickly determine a project’s budget status, review the schedule of tasks and send rapid notifications to the whole team if issues arise.

1. Employer Mission & Vision Statements
In 2023, Tripepi Smith President Ryder Todd Smith and Business Analyst Kylie Sun facilitated the City’s Management Offsite meeting. Following, the team created a Culture, Recruitment and Communications Report describing challenges to recruitment and retention in Lakeport, as well as strategies to overcome them.

Tripepi Smith will use insights from our first-hand experience, as well as the observations and findings outlined in the Culture, Recruitment and Communications Report to develop 1 employee mission statement and 1 employee vision statement that can act as guiding pillars from which the City of Lakeport can both attract and retain talent. In addition to the report, we will consider the City’s overarching values of transparency, public engagement and community engagement.

2. Style Guide
Like full brand guidelines, but more succinct, Tripepi Smith recommends a brand quick reference guide consisting of 3 pages that define the most salient logo, color, font specifications and per the City’s request, website best practices. We’ve found that providing an easy-to-digest set of guidelines helps stakeholders stay on course with maintaining the integrity of a brand. To create this, we will review existing City documents and recruitment materials, which may include (if available) its mission, vision, values, core competencies, existing brand/style guide, recruitment materials, website, etc.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 6 The scope for this deliverable encompasses up to 2 drafts per item (draft, final), as applicable:
• Define proper use of the City’s logo
• Identify key official colors and key font preferences for City materials • Outline best practices on website design and structure • Lead a 1-hour Zoom training on the guide; record the session as an evergreen training resource

3. Graphic Design Support
Tripepi Smith’s graphic design team consists of a Creative Director, Senior Graphic Artists and Graphic Artists, all of whom execute on extensive graphic design deliverables, from infographics to brochures.

This team will provide the following graphic design services, inclusive of 2 drafts (draft, final):
• Design and deliver up to 6 Canva social media templates to promote open positions, celebrate new employee hires, recognize employee anniversaries, etc.

4. Website Support
Tripepi Smith can supplement efforts to improve the City of Lakeport’s recruitment webpages. With decades of combined experience managing websites for public agencies, our team handles all website needs, from content strategy, creation and maintenance to technical support and full-fledged website redesigns. No matter the case, we prioritize user experience, Staff education, Search Engine Optimization (SEO) and compliance with the Americans with Disabilities Act (ADA). Our team is fluent in bevy of website service providers, including the City’s Revize content management system–plus analytics software, such as Google Analytics and Piwik. In fact, we combine data on how users navigate a website with our technical knowhow and storytelling skills to inform our approach to webpage optimization and creation.

We will develop 2 recruitment webpages, including:
• Reimagining the existing general recruitment page at
CityOfLakeport.com/Human_Resources/Job_Opportunities.php • Creating a new police recruitment webpage
Content Strategy
Content will showcase what it is like living, working and playing in the City of Lakeport, benefits of working for the City, open positions and recruitment materials (collateral, videos, etc.). Tripepi Smith can also provide content update suggestions throughout the engagement.

Search Engine Optimization (SEO)
Additionally, Tripepi Smith will pursue SEO, an essential strategy that can impact online visibility, increase website traffic and drive conversions. We will do this by:

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 7 • Identifying high-value keywords relevant to city hall and police department recruiting • Monitoring and managing online presence across the web • Analyzing website performance, keyword rankings and traffic metrics

5. Videography/Photography/Drone Support
Tripepi Smith prides itself on providing a variety of high-quality video, photo and drone production services to many satisfied clients. For the City’s budgeting purposes, we’ve defined a scope of work that includes a stock image and video library.

The workflow will look something like this:

1. Pre-Production Planning: Tripepi Smith will coordinate all logistics for a 2-day shoot, including travel logistics, shot lists, department staff on availability and more

2. 2-Day Onsite Production: Depending on the approved shot lists, our shoot will likely consist of department b-roll, general City b-roll and drone footage

3. Post-Production:
o Video: Post-production editing for the video library will consist of lighting and color correction. All raw video b-roll/drone footage will be provided to the City via Dropbox. o Photo: Our photographer will process all images. After processing, photos will be available in their native RAW format and in JPG format via Dropbox. We release all rights to photos and require no watermark on the images. Tripepi Smith can also provide the photos via our Photoshelter.com account which provides a user-friendly interface for organizing and downloading photos. If the City has an additional photo platform where they would like photos loaded (an intranet site or a Flickr account, etc.), Tripepi Smith would be happy to upload to that platform as well.

6. Employer Communications Calendar
Tripepi Smith will develop a 12-month calendar for employer communications. It will outline a strategic plan to engage employees and promote organizational initiatives year-round. From highlighting staff accomplishments to celebrating employee culture and human resources events, each month will be tailored to address key themes and priorities.

7. On-Call Services (Ad Hoc)
Tripepi Smith can provide on-call services for the City Manager and other designated staff to answer questions, develop strategies, projects or otherwise in efforts for additional projects. This work can include can expand any of the service lines requested in the City’s RFP, as well as encompass any one of our other services outlined later in this proposal.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 8

3. PROPOSED BUDGET
The City of Lakeport has requested a wide array of services with great potential for variation. As a result, we have broken down the cost proposal into a combination of Fixed Fee (One-Time) and Time & Materials (As-Needed) elements. The Time & Materials approach allows the City to “ramp up” or “ramp down” efforts according to findings surfaced during Task 1, as well as budget and priorities.

Should the City determine Tripepi Smith is the most qualified and responsive vendor, but has a budget number that it must hit, then Tripepi Smith remains open to collaborating with City Staff to narrow the scope engagement or refine our understanding of the scope needs and will modify our pricing accordingly. 2023-24 Standard Hourly Rates
We’ve applied the following Standard Hourly rates to the cost estimates shown on the next pages.

Standard Hourly Reduced Retainer
Principal – Ryder Todd Smith $370 $295
Director – Christine Martin $255 $215
Art/Creative Director – Kevin Bostwick $255 $215
Senior Business Analyst $195 $165
Business Analyst – Kylie Sun $140 $145
Junior Business Analyst – Hannah Wedepohl $115 $110
Senior Videographer/Animator $195 $165
Senior Photographer $170 $145
Photographer – Amy Gallagher $130 $110
Videographer – Nolan Voge $130 $110
Senior Graphic Designer – Sara Madsen $185 $155
Graphic Designer $130 $110
Junior Graphic Designer $110 $95
Web Developer – Max Weirach $195 $175
Drone Operator – Nolan Voge $195 $170
Council Chamber A/V Operator $110 $95
City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 9 Detailed Cost Estimates
As previously mentioned, we’ve broken the cost estimate down into Fixed Fee (One-Time) Costs, as well as Time & Materials (As-Needed) Costs. We highly encourage referring to the Proposed Scope of Work section for details regarding the Tasks and Subtasks outlined below.

Service Price Payment Format

FIXED FEE (ONE-TIME) COSTS
Employer Mission & Vision
Statements
$930 1 MILESTONE
Billed upon completion.

Style Guide $9,360 3 MILESTONES – $3,120 EACH
Billed upon:

1. Kickoff

2. Completion of Quick Reference Guide

3. Completion of Zoom Training Session
Graphic Design Support
Canva Social Media Templates
$1,705 1 MILESTONE
Billed upon final completion.
12-Month Employer
Communications Calendar
$1,350 1 MILESTONE
Billed upon completion
Videography/Photography/Drone
Support
Stock image & video library

$12,700 2 MILESTONES – $6,350 EACH
Billed upon:

1. Kickoff

2. Delivery of stock libraries
Travel costs included.

TIME & MATERIALS (AS-NEEDED) COSTS
Website Support Approx. $5,950 Billed on an hourly basis On-Call Services AS NEEDED Billed on an hourly basis
TOTAL ONE-TIME COSTS $26,045

ESTIMATED AS-NEEDED
COSTS
$5,950
TOTAL PROPOSED BUDGET $31,995

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 10 Invoicing & Payment Terms
For ad hoc work, time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Ad hoc work will be invoiced at the end of the month in which the work was done. Fixed price project work will be invoiced based on pre-determined payment schedules.

All payment terms are net 30 days.

Other Cost Information
Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about.

Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by 5% or the national CPI index–whichever is higher–each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.

Retainer Discounted Time & Materials Rates
When client monthly retainers exceed $7,150 a month, they have access to our reduced retainer rates.

Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the District for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s applicable Hourly Rate.

Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:

Title Half Day (Under 4 Hours) Full Day (4+ Hours)
Video Equipment $400 $600
Drone Equipment $500 – Flat Fee
MEVO Equipment $400 – Flat Fee
Service Fees
Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 11 If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions.

Partner Access
Tripepi Smith has access to entities that may be relevant to our engagement. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. • PublicCEO: www.PublicCEO.com – Digital news about public affairs, reaching over 17,000 California government executives through a daily podcast, job board, video podcast and more. • Civic Business Journal: www.CivicBusinessJournal.com – Digital interest stories on the people, companies and solutions that make local government in California more effective. • FlashVote: www.FlashVote.com – Statistically valid surveying that helps leaders make decisions. o Disclaimer: Tripepi Smith President Ryder Todd Smith is an investor in FlashVote. • Tripepi Smith Talent Solutions: www.TSTalentSolutions.com – A multifaceted recruitment consultancy service, combining local government access with communications to advance talent quests and build culture warriors.
• Meltwater: www.TripepiSmith.com/Media-Intelligence – An enterprise-class, comprehensive media monitoring solution that is best combined with Tripepi Smith’s analytics team.

4. SIMILAR PROJECTS, REFERENCES & SAMPLES
Reference Contact Info Scope of Work, Work Samples
City of Napa

Liz Habkirk
Deputy City Manager
(707) 258-7813
[email protected]

Period: 2019 to Present
Tripepi Smith has supported the City of Napa since late 2019.

While the City originally engaged us for retainer services focused on social media creation and management, content writing and website support, the City quickly expanded our engagement to include ad hoc graphic design support, video editing, infographic design and HR outreach and promotion.

In addition to drafting, scheduling and monitoring social media across all City platforms, Tripepi Smith has drafted written content, such as letters from the City Manager, press releases and radio scripts. Napa has also tapped Tripepi Smith for City stock photography services.

View our work for the City of Napa at www.TripepiSmith.com/Portfolio_Page/City-of-Napa City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 13 Reference Contact Info Scope of Work, Work Samples
City of San Leandro

Paul Sanftner
Public Information Officer
[email protected]
(510) 577-3372

Period: 2021-2022
In May 2021, the City of San Leandro enlisted Tripepi Smith to assist with the redesign of its website as part of their soft rebrand project. A soft rebrand can lead to structural and user experience improvements, and these visual updates can
create a more engaging website. These soft rebrand projects provide public agencies with the opportunity to test drive a new look in the digital environment. The work included
designing a color palette and a web graphic with the City’s internal web-redesign team and IT departments, creating mood boards with different color options and several logo explorations, and delivering a formal presentation to the San Leandro Arts Commission and City Council. Additionally, Tripepi Smith created a new recruitment website for the San Leandro Police Department.

Explore our recruitment website for the San Leandro Police Department at www.WearOurBlue.org City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 14 Reference Contact Info Scope of Work, Work Samples
City of Cupertino

Tina Kapoor
Deputy City Manager
[email protected]
(408) 777-7607 - office

Period: 2019 to Present
Tripepi Smith has supported various communication projects for the City of Cupertino since 2015. These projects include conducting a communications assessment in 2015, delivering a style guide in 2017 and updating the city's Budget at Glance reports for 2018 and 2019. In 2024, Tripepi Smith is working with the City of Cupertino on general public relations and strategic communication support, assisting with the State of the City address and providing graphic design services for Cupertino’s 12-page monthly newsletter, The Scene.

View our work for the City of Cupertino at
www.TripepiSmith.com/Portfolio_Page/City-of-Cupertino
City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 15 Reference Contact Info Scope of Work, Work Samples
City of Manteca

Toni Lundgren
City Manager
[email protected]
(209) 456-8600

Period: 2019 to Present

In September 2021, the City of Manteca called on Tripepi Smith for a stock image photoshoot. Tripepi Smith has
previously assisted the City with social media management, content production, media monitoring, metrics reporting and strategic communications planning. When the City of Manteca needed to fill open executive-level positions, they sought out TS Talent Solutions. The City also brought Tripepi Smith to conduct Manteca community outreach during its district
formation process. Our work has spanned launching a website; leading virtual and in-person community workshops;
publishing social media content; developing flyers;
distributing district formation news alert emails; and more.

Tripepi Smith recently supported the City of Manteca to develop recruitment videos for each of their eight
departments, including the Police Department.

View the City of Manteca’s recruitment videos at www.TSTalentSolutions.com/Recruitment-Videos City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 16 Reference Contact Info Scope of Work, Work Samples
City of American Canyon

Jen Kanasanback
Communications Manager
(707) 647-5355
JKansanback@CityofAmeric
anCanyon.org
Period: 2018 to Present

Tripepi Smith has supported the PIO at the City of American Canyon since 2018. Initially, the City engaged Tripepi Smith to provide a range of services, namely on-demand crisis
communications support and an audit of its Vision website.

Tripepi Smith now provides services spanning a Platforms Review of the City’s current communication platforms, tapping into our policy strategy expertise, graphic design, writing support, video production, event management and facilitation for community forums, photography, media outreach, social media
management, communications and leadership strategy, metrics reporting, website content updates, copywriting services and quarterly planning meetings with executive staff. Tripepi Smith Talent Solutions has also supported the City’s recruitment efforts.

See more recruitment brochure samples at TSTalentSolutions.com/Recruitment-Brochure-Samples City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 17

5. PROJECT TEAM
The Account Manager and Project Leader (bios below) will closely monitor the quality of work product before Tripepi Smith delivers it to the City for review/approval. Should any key personnel become unavailable during the course of this engagement, Tripepi Smith will quickly substitute with other Tripepi Smith resources who have commensurate experience, knowledge and/or skill sets.

You can learn more about our individual backgrounds and qualifications at www.TripepiSmith.com/Our-Team.

Main Project Team
Ryder Todd Smith,
Principal
Role: Strategic Advisor
(626) 536-2173
[email protected]
Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, publisher of PublicCEO and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin.

Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics.

Christine Martin,
Director
Role: Strategic Advisor
(925) 989-2476
[email protected]

Christine brings over 20 years of public sector experience in providing exceptional service to local government. Prior to joining Tripepi Smith, Christine was the Assistant City Manager at the City of Livermore. She worked for Livermore for 21 years, serving in the City Manager’s Office for seven years and as a planner in the Community Development Department for 14 years. Christine is a courageous, solutions-oriented servant leader. She has strong political acumen and a positive, can-do work ethic. In her role as Assistant City Manager, she established and oversaw the city’s communications and emergency management programs, created and implemented the city’s first-ever five-year strategic plan and served as liaison on council subcommittees, including a complex, controversial equity and inclusion subcommittee with elected officials and community members. She was also responsible for the city’s legislative platform and represented the city as a member of the TriValley City Council legislative coalition.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 18 Christine built successful relationships in the region and served as chair of the Alameda County City Managers Association. Christine is also a graduate of the ICMA High Performance Leadership Academy where she honed her leadership skills in organizational development and change management, negotiation and collaboration, and effective communication.

Kylie Sun,
Business Analyst
Role: Project Leader; Main
Point of Contact
(661) 770-8563
[email protected]

Kylie brings a diverse skillset to the team from her experience in several industries, such as litigation services, academic administration and music marketing. She graduated from Biola University with a Bachelor of Science in Business Administration with a concentration in Business Management. She has a strong background in social media strategy, website development, writing and scheduling and high-volume operations due to her experiences as Administrative Assistant at Biola University, Marketing Intern at Transparent Productions, Social Media Marketing Manager at TSE Worldwide Press and Operations Associate at TSG Reporting.
•
Hannah Wedepohl,
Junior Business Analyst
Role: Client Support
A strategic communicator with a passion for community engagement, Hannah has experience in social media management, digital media design, and client-relations. Hannah brings an interdisciplinary perspective with a degree in Educational Studies and minors in Communications and Political Science from Denison University. During her time at Denison, Hannah co-led a nonpartisan civic engagement initiative that registered students to vote and conducted civic education events. She also has broad experience managing social media accounts and designing content for higher education, non-profits, and philanthropy.

Kevin is an experienced Art Director and creative manager. He delivers powerful ideas visually, distilling unexpected stories from challenging content and designing media for understanding and absorption. He directs and executes for digital, interactive and print mediums, delivering across a blend of channels, particularly for learning, data-display and presentation. His work for major clients has included digital tools, logos, presentation, interactive learning, advertising and print design. He navigates the whole ecosystem, working with high-powered stakeholders to shape concepts, UX, branding, strategy, writing, asset management, information architecture, and infographics.

Sara Madsen,
Senior Graphic Artist

Role: Design Support

Sara is a talented graphic artist with a background in marketing and environmental sustainability, in which she earned her degree from San Diego State University. Her formal education in Visual Communications and passion for the environment led her to complete a Creative Design internship with ECOLIFE Conservation. During her time with the nonprofit, she advanced her strategic approach to graphic design. As a continuation of her interest in non-profits, NGOs, and the public sector, Sara tackles graphic design, digital marketing and web development projects for clients and Tripepi Smith.

Nolan Voge,
Business Analyst
Role: Videographer/Drone
Operator

Nolan offers creative insight and technical solutions to the Tripepi Smith team with extensive knowledge in video systems, creative media projects and venue production. As a graduate of San Diego State University (SDSU), he received a Bachelor of Science degree in Television, Film and New Media with an emphasis in Production and a minor in Theatre Arts.

He displayed his strong work ethic outside of the classroom by participating in nearly sixty projects relating to production. He further enhanced his experience as a content creator for the College of Education at SDSU, followed by employment in the government space.

He previously practiced event videography, project management and his knowledge of video systems, computer systems and software with Empire Media Productions.

Dedicated Availability for City of Lakeport
The core project team will have dedicated availability to support the engagement, including capacity to provide support under urgent notice and/or time constraints. Tripepi Smith is a collaborative firm with many skills available. Any Tripepi Smith staff member may be brought onto the engagement to help with our efforts.

Amy Gallagher,
Junior Business Analyst
Role: Photographer

Amy is a detail-oriented individual with a background in journalism, photography and social media management. She graduated from California State University, Long Beach with a Bachelor of Arts in Journalism. During her time in college, she gained experience with writing, photojournalism and content creation. She developed her marketing skills through her internship at Segerstrom Center for the Arts where she worked alongside the Center’s marketing team to effectively communicate with their audience through social media.

Max Weirauch
Junior Web Developer
Role: Web Developer

Max brings a diverse and dynamic skillset to the Tripepi Smith team, specializing in WordPress website development, data analytics and photography. With a primary focus on frontend design, Max also excels in configuring scalable systems in backend development environments.

His websites are meticulously crafted to be responsive, search engine optimized and easily maintainable. Leveraging his mastery of data analytics and technical know-how, Max delivers comprehensive web solutions that drive measurable results for clients.

Max holds Bachelor of Art Degrees in Economics and German Studies from Claremont McKenna College. During his studies, he developed a deep understanding of local government marketing trends, particularly within Southern California communities. Max approaches every project with a solution-oriented mindset, leveraging his creative marketing expertise to drive positive impact and achieve client objectives.

6. FIRM BACKGROUND & EXPERIENCE
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies — each strongly represented in our client list.

A Public Affairs Firm That Understands Talent
Tripepi Smith Talent Solutions is a staffing firm under the umbrella of Tripepi Smith Marketing and Public Affairs. The firm has been dedicated to solving problems within the local government world since its inception, so it was a natural progression to move into the area of recruitment and talent solutions. Tripepi Smith has worked with more than 100 agencies over the past year alone, as well as hundreds of city managers, department leaders and other executive staff. We know what, and who, makes an effective government leader, and we use that experience to attract, evaluate and retain high-quality talent for our clients. With a skilled team of writers, graphic artists and project managers, we are able to provide whatever level of support our clients need — from an attractive brochure design to full-blown culture curation and recruitment support from beginning to end.

Launching TS Talent Solutions
Through our work at Tripepi Smith, our team developed a savvy understanding of the major operations of each department with city and county governments in California while also building out an expansive network of relationships and platforms to connect to the local government community.

Helping cities identify talent and recruit it to help our clients succeed was a natural expansion of our work. Thus, TS Talent Solutions was born.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 22 Our Executive Recruitment Work
TSTS has a strong track record of delivering effective recruitment solutions across a number of public agencies. In the past two years, TS Talent Solutions has filled 16 executive and director-level positions for agencies across the West Coast. For each recruitment, we’ve developed a digital recruitment brochure, engaged the community and key stakeholders (if requested), conducted robust outreach efforts, directly reached prospective candidates via phone call, organized interviews and assisted with final offer and negotiations.

Creative
Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.

Members of our team carry technical
certifications in Hootsuite Social Media
Marketing, Facebook Blueprint, Google
Advertising, Google Analytics and Twitter
Flight School, among others. We take digital
seriously and recognize how critical it is to not
only develop great visuals and messaging, but
to ensure the audiences we want to reach
actually see that content. Without content
distribution, there is no impact.

Key Advantages
Tripepi Smith gains insights from the breadth of our work and share that knowledge with our public agency clients, which yields key advantages:
• Expertise in Industry Standard Platforms: Our team has a firm grasp of social media and digital platforms, exemplified by numerous certifications — from Meta and YouTube to Twitter and Meltwater — outclassing other public affairs firms in California that we have come across. • Breadth of Expertise: The breadth of Tripepi Smith’s team — from policy to videography to graphic design — is rare. The result: we have an ability to tell a complete story across all mediums, all within our one team.
• A Deep Understanding of Local Issues: Tripepi Smith’s work with other public agencies and municipal partners benefits each client as we translate practical field experience into outreach strategies tailored to their unique circumstances. Moreover, we are known for our mastery of the art of local government communications. We make civic matters relatable and engaging for stakeholders, from constituents to elected officials to private partners and more. • Robust Quality Assurance Practices: With thousands of successful projects delivered, Tripepi Smith has integrated a robust system of tools and workflows. Whether managing projects within our own team or with subcontractors, our iterative review procedures ensure clients receive high-quality, impact work product.
• History Of Partnership & Support: Tripepi Smith has partnered with and supported the communications and recruitment efforts of Lakeport. We know the key players and have built relationships over several years of collaboration. This enables our team to hit the ground running and expedite the impact of our work.

City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 24 Our Services
Strategy, Marketing,
Communications
• Strategic development, research, surveys,
messaging
• Social media management
• Web and social media strategy,
optimization (SEO), metrics
• Web hosting and support
• Email campaigns
• Relations (media, stakeholders, public,
government)
• Support and training for events,
presentations and virtual gatherings
• Google AdWords, LinkedIn and Facebook
advertising
Creative Services
• Full-service graphic design for digital,
print and outdoor
• Brand and logo development
• Content generation, writing and
editorial
• Output services (digital distribution,
print management, mail management)
• Photography, illustration and
information graphics
• Video and animation
• Web design and implementation
Recruiting Services
• Full-service executive recruiting
• Search Support helping agency HR staff
develop creative marketing for open
positions
• Culture Curation helping agencies
define and embrace their culture for
recruiting and retention
• Board Goal Setting Facilitation
City of Lakeport / Communication, Social Media Services Related to Employee Culture and Recruitment TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 25 Some of Our Clients
Tripepi Smith has been selected to work with over 180 local government agencies to help with their communications, resident outreach or recruitment needs. We can provide you with contacts at any of these clients if desired and are confident you will find them to be quite happy with our services.

California City Management
Foundation
City of Aliso Viejo
City of American Canyon
City of Azusa
City of Bellflower
City of Claremont
City of Coronado
(City of) Culver City
City of Cupertino
(City of) Daly City
City of Danville
City of Duarte
City of El Cerrito
City of Fountain Valley
City of Fullerton
City of Grover Beach
City of Hawaiian Gardens
City of Huntington Beach
City of Indian Wells
City of Industry
City of Irvine
City of La Cañada Flintridge
City of La Palma
City of La Puente
City of La Verne
City of Lake Forest
City of Lakeport
City of Laguna Hills
City of Laguna Niguel
City of Lancaster
City of Livermore
City of Lomita
City of Lynwood
City of Manhattan Beach
City of Manteca
City of Martinez
City of Millbrae
City of Morgan Hill
City of Morro Bay
City of Murrieta
City of Napa
City of Norwalk
City of Orange
City of Palm Desert
City of Palmdale
City of Paramount
City of Pismo Beach
City of Placentia
City of Pomona
City of Rancho Palos Verdes
City of Rancho Mirage
City of Riverbank
City of Rolling Hills Estates
City of San Luis Obispo
City of Santa Ana
City of Santa Clarita
City of Santa Cruz
City of Santa Paula
City of Saratoga
City of Stanton
City of South Gate
City of Sunnyvale
City of Tracy
City of Vallejo
City of Vista
City of Walnut
(City of) Yuba City
Fresno County
Merced County
Orange County
Santa Barbara County
Town of Windsor
CalChoice Energy CCA
Clean Energy Alliance
California Joint Powers Insurance
Authority
Citrus Heights Water District
Costa Mesa Sanitary District
El Toro Water District
Independent Cities
Finance Authority JPA
Inland Empire Utilities Agency
League of California Cities
Municipal Management
Association of
Northern California
Municipal Management
Association of
Southern California
Orange County City
Manager Association
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CITY OF LAKEPORT

REQUEST FOR PROPOSALS
Communication, Social Media Services
Related to Employee Culture and Recruitment
Proposals Due: March 8, 2024
RFP Administrator: Kelly Buendia
Administrative Services Director
[email protected]
RFP Issued: February 5, 2024
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Dear Proposers:

The City of Lakeport (hereinafter referred to as the “City”) is requesting proposals from professional companies with experience in providing municipal communications and social media services related to employee culture and recruitment.

The proposals will be reviewed and ranked according, but are not limited to, understanding and knowledge of the requirements as set forth in this RFP, reliability, cost, references of comparable services, resumes/references of personnel assigned, and if any, distinguishing features, skills and/or services proposed.

For the purposes of this RFP, the words “Proposer”, “Bidder”, “Contractor”, “Consultant”, and “Vendor” shall be used interchangeably and read to be the same. Failure to submit all the mandatory components of this RFP may result in the determination that the Proposal is not eligible for further consideration. As such, each Proposer is directed to carefully review the proposed Agreement (Attachment A) and the insurance and indemnification provisions therein.

I. Scope of Required Services
The City is seeking a communications and social media services provider (“Consultant”) to augment the work of City Staff through a three-year Professional Services Contract with the option to extend two additional years. The ideal Consultant will have a broad understanding of local government services and communication tools as well as an understanding of the City of Lakeport. A core value of the City is transparency, public engagement and community education. To better achieve these goals, the City is seeking a Consultant that can provide the following services:

1. Assist in the development of Employer Mission and Vision Statements based upon outcomes of the 2023 Management Offsite meeting. (Attachment B)

2. Create a Style Guide including:
• Define proper use of the City’s Logo;
• Define key official colors for City materials;
• Define key font preferences for City materials;
• Demonstrate use of the logo on newly laid out letterhead, staff memo, staff report, email signature lines, name tags one polo shirt, one mug; • Provide one hour, Zoom-delivered training session on the style guide and record the session to retain as a training resource for the City. • Provide best practices on website design and structure.

3. Graphic Design and Website Support
• Revamp brochure explaining what it is like to work for the City and live in Lakeport. (Attachment C)
• Provide design files for a template of a recruiting brochure. • Provide Canva social media templates to use for promoting open positions, celebrating new employee hires and recognizing employee anniversaries. • Redesign City recruitment webpage including a general page and a police recruitment page.

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• Provide LinkedIn branding and agency page configuration.

4. Videography/Photography/Drone Support for the development of recruitment videos and other employee features highlighting accomplishments and culture. Focus should be on principal footage. Supplemental and b-roll footage to be provided by City.

5. Develop a 12-month calendar for employer communications.

6. Hourly rate for on-call services for the City Manager and other designated staff to answer questions, develop strategies, projects or otherwise aid in efforts for additional projects.

Please provide pricing and work plan for each component (numbers 1 through six) of the above scope of services.

II. RFP Schedule
The following is a tentative schedule of this entire RFP process.

TENTATIVE SCHEDULE
RFP Published: February 5, 2024
Questions from Proposers Due: February 26, 2024
Proposals Due: March 8, 2024
5:00 PM
Anticipated Contract Award: April 2, 2024
Anticipated Start Date: May 1, 2024
Submittal Information
Proposals are due on March 8, 2024 prior to 5:00 P.M. local time. It is the sole responsibilityof the Proposer to ensure their RFP is submitted to the City of Lakeport and Kelly Buendia before the stated deadline. The City shall not be held liable for complications arising due to connectivity or network issues.

RFP Administrator: Kelly Buendia, Administrative Services Director Email: [email protected]
The successful Proposer and all employees or agents shall secure and maintain in force such licenses and permits, as are required by law, including a City of City Lakeport business license.

III. Execution of a Contract and Proposer Responsibilities The Professional Services Agreement in the form set forth in Attachment A, attached hereto, shall be executed by the successful Proposer, returned to the City for execution, and shall be accompanied by evidence of insurance as required, all within ten (10) calendar days after the Page | 4
Proposer has received notice of award of contract. No proposal shall be considered binding upon the City until it has been executed by the City. The failure of the successful Proposer to execute the contract and to submit evidence of insurance as, and within the time, required shall be cause for the annulment of the award.

Fees for Services
All fees for services are to remain firm for the length of the contract. Increases in fees, if any are proposed, after the initial first year term must be clearly stipulated on the Cost Proposal page submitted with the proposal.

Identifying Proprietary Information; Public Records Act A Proposer must identify, and list all copyrighted material, trade secrets, or other proprietary information (“protectable documents”) that the Proposer included in its Proposal which the Proposer believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 6250, et seq.

By listing the documents, the Proposer agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, and representatives from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the City’s refusal to disclose the protectable documents to any party making a request for those items.

The City will treat any Proposer, who fails to identify documents that the Proposer believes should be exempt from disclosure, as having waived its right to an exemption from disclosure, as the Public Records Act provides.

Cost for Preparing Qualifications
Costs for developing the qualifications in response to this RFP are the sole responsibility and obligation of the Proposer and shall not be chargeable in any manner to the City.

IV. Proposal Guidelines
Proposals should be prepared simply and economically, providing a straightforward and concise explanation of the capabilities of the Proposer to satisfy the requirements of this RFP. Emphasis in the submission of the Proposals should be placed on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer.

1. Introduction of respondent, summarizing the consultant, firm, or partnership’s background, resources, and relevant experience.

2. Examples of past projects, preferably of a similar size and scope.

3. References from at least three (3) past projects, preferably matching those projects used as examples in #2 above.

4. Proposed budget for the projects; budget shall include a suggested work plan and a breakdown of fees for professional services, hours, and administrative services.

5. A concise but detailed narrative indicated the proposed approach to providing the required services, including a description of the types and quantities of services which will be Page | 5
provided.

6. Not more than five (5) samples of work completed by the consultant, firm, or partnership, including printed public information materials and related work plan(s) for typical project(s).

7. A list of personnel on the project team and any possible sub-consultants and sub-contractors, their professional experience, and their roles.

8. Identify the Project Leader as the main point of contact including name, title, phone, and email address.

9. The proposal must be submitted as an electronic copy by email to Kelly Buendia, [email protected]; each page shall be numbered and have the name of the respondent (consultant, firm, or partnership) on it.

10. Consultants and/or sub-consultants who have experience working with small rural cities may be given preference.

V. Selection Process
Proposals received shall be judged by the City on the following selection criteria:

1. Expertise and overall experience of personnel assigned to the work.

2. Respondent’s demonstrated experience with similar projects.

3. Experience working in cities of similar size and suburban context.

4. Proposed price of the entire project.

5. Previous project references .

VI. Contract Award
Award of the contract resulting from this RFP will be based upon the most responsive respondent whose offer will be the most advantageous to the City in terms of cost, functionality, experience, quality of past work, and other factors as specified elsewhere in this RFP.

The City reserves the right to:

1. Consider proposals based on their relative merit, risk, and value to the City.

2. Negotiate with all respondents.

3. Reject any or all offers and discontinue this RFP process without obligation or liability to any respondent, when it is in the City’s best interest.

4. Accept other than the lowest priced submission.

Proposals will be evaluated upon the respondent’s responsiveness to the RFP and the total price quoted for all items covered by the RFP. The successful respondent may be asked to participate in negotiations and may be asked to revise their proposal based on such negotiations. In submitting a proposal, each respondent acknowledges that they have read and understand these requirements.

Competitive proposals will be considered and will result in a fixed price contract.

The City reserves the right to accept or reject any and all proposals, and to waive any minor discrepancies or technicalities in the proposal or specifications, which are required to complete this project, or when deemed to be in the best interest of the City.

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PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Lakeport / Tripepi Smith and Associates, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Lakeport, a California municipal corporation (“City”), and Tripepi Smith and Associates Inc., a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: communications and social media services as outlined in their revised proposal dated 6/21/2024.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Agreement Administrator” means Kelly Buendia, Administrative Services Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.

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3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s Proposal Dated 6/21/2024 to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means July 22, 2024.

3.4 “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Thirty Five Thousand Dollars ($ 35,000).

3.5 “Scope of Services” means such professional services as are set forth in Consultant’s June 21, 2024 proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.6 “Termination Date” means July 21, 2026

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S SERVICES

5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3 Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, Professional Services Agreement — Consultant Services

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when the remaining work on such assignments would exceed the Maximum Amount.

5.4 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5 Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City.

Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.7 Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than two-hundred and fifty dollars ($250) in the aggregate within the preceding twelve (12) months.

Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, with Consultant’s execution of this Agreement.

5.8 City Retains Responsibility for Contracting. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

5.9 Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All Professional Services Agreement — Consultant Services

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such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. [Name of Project Manager] shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.10 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.11 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.12 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.13 Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5.14 Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Consultant agrees to use a skilled and trained workforce.

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6. SUBCONTRACTING

6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4 Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B.

Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

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7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Professional Services Agreement — Consultant Services

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Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise.

Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

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11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement.

Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.9 Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

12. INSURANCE

12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage.

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However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: [insert project name] • Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Professional Services Agreement — Consultant Services

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Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Lakeport must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.

General liability coverage can be provided using an endorsement to the Professional Services Agreement — Consultant Services

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Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11 Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Lakeport, Attn: City Clerk, 225 Park St., Lakeport, CA 95453.

12.12 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.

Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.

12.15 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and Professional Services Agreement — Consultant Services

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deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.16 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.

13. MUTUAL COOPERATION

13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

Kelly Buendia
City of Lakeport
Administrative Services
225 Park Street
Lakeport, CA 95453
Telephone: (707) 263-5615
Facsimile: (707) 263-8584
E-mail:

If to Consultant:
[Name]
[Company]
[Address]
[Address]
Telephone:

Facsimile:

E-mail:

With courtesy copy to:

David J. Ruderman, Lakeport City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
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Facsimile: (530) 432-7356
E-mail: [email protected]

15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.13 (Records), Section 11 (Indemnification), Section 12.8 (Claims-Made Policies), paragraph 12.13 (Waiver of Subrogation), Section 13.2 (Consultant Cooperation in Defense of Claims), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1 City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2 Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement by the City upon 30 days’ notice.

16.3 Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4 Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. In the event of any material discrepancy between the express provisions of this Agreement and the exhibits of this Agreement, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the Professional Services Agreement — Consultant Services

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transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONSConfidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting Professional Services Agreement — Consultant Services

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from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3 Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

Professional Services Agreement — Consultant Services

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18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11 Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.

18.12 Venue. The venue for any litigation shall be Lake County, California and Consultant hereby consents to sole jurisdiction in Lake County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

18.14 Recitals. The Recitals are incorporated by this reference. [Signature page follows]
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Lakeport
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
[Name of Company or Individual]
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Kelly Buendia, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:

By: __________________________________
David J. Ruderman, City Attorney
Date: __________________________
“EXHIBIT A”

SCOPE OF WORK
A-1
166291.7
“EXHIBIT B”

APPROVED FEE SCHEDULE
B-1
166291.7
“EXHIBIT” C

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
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CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

No City Councilmember or other City official shall accept, solicit, or direct a campaign contribution of more than $250 from any party1 or agent2 for 12 months after the
City approves a contract. This prohibition commences
when an application is filed, or a proceeding is otherwise initiated.

A party to a City proceeding shall disclose on the record of the proceeding any campaign contribution of more than $250 by a party or agent to any City Councilmember or other City official during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign contribution to a City Councilmember or other City official during a proceeding and for 12 months after the City approves a
contract.

A City Councilmember or other City official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or
corporation are agents. When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.

Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) □ Check here If no contributions have been made to
any Councilmember or other City official in the
preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
Meeting Date: 07/16/2024 Page 1 Agenda Item #VII.B.1.

CITY OF LAKEPORT
City Council 
City of Lakeport Municipal Sewer District 
Lakeport Industrial Development Authority 
Municipal Financing Agency of Lakeport 

STAFF REPORT
RE: 2024-03 / Draft Text Amendment amending Sections 16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections

16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport
Municipal Code creating a ministerial approval process for lot line adjustments
MEETING DATE: 07/16/2024
SUBMITTED BY: Victor Fernandez, Associate Planner
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is requested to consider amending certain sections of the Lakeport Municipal Code (Chapter 16.04 and 16.23) to provide a ministerial review process for lot line adjustments subject to the Community Development Director’s approval.

BACKGROUND/DISCUSSION:

On June 12, 2024, the Lakeport Planning Commission held a public hearing to consider amending Sections

16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code relating to lot line adjustments. The Planning Commission voted unanimously in favor of the ordinance, which provides a ministerial approval process for lot line adjustments.

A draft ordinance has been prepared and is attached to this staff report. In reference to Chapter 16.23 – Lot Line Adjustment of the Lakeport Municipal Code, Lot Line Adjustments require a discretionary review and approval by the Lakeport Planning Commission (Section 16.23.030 – Procedure by community development department).

The proposed amendments intend to create a more streamlined process by establishing a ministerial review process for lot line adjustments, which will be overseen by the Community Development Director. Lot line adjustments are reviewed by staff for conformance with the Subdivision Map Act, the Local General Plan, and the Zoning Ordinance. In accordance with Section 66412(d) of the Subdivision Map Act, a local agency's review and approval of lot line adjustments shall be confined to determining whether the resulting parcels conform to the applicable plans and requirements. The agency shall not impose any conditions or exactions beyond those specified in the relevant regulations. The following language is provided from the Subdivision Map Act:

Meeting Date: 07/16/2024 Page 2 Agenda Item #VII.B.1.

Section 66412(d) of Subdivision Map Act
“A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.” With the proposed amendments, City staff would conduct a ministerial review of lot line adjustments, which would then be approved or disapproved by the Community Development Director. This review would focus solely on ensuring compliance with the Lakeport General Plan, Subdivision Map Act, zoning & building ordinances, and other established requirements.

Changes to specific code sections would be as follows:
• Section 16.04.020(C)(3): This section currently assigns approval responsibility to the Planning Commission. The amendment would remove this language and authorize the Community Development Department to process lot line adjustment applications. • Section 16.23.030: This section outlines the current process for applications by the Community Development Department. The amendment streamlines the review process by the department and establishes a notification process for adjacent property owners. It also allows for a 10-day window to request Planning Commission review if desired.
• Section 16.23.040: This section outlines current requirements and conditions for lot line adjustments. The amendment maintains the need for conformance with zoning and building codes but clarifies that the Community Development Director, not the Planning Commission, may impose conditions related to conformance, property taxes, or utility relocation.
• Section 16.23.060: This section addresses appeals. The amendment would shift the appeal process to the Planning Commission for decisions made by the Community Development Director.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed code amendments do not meet the definition of a project for purposes of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Sections 15378 and 15061.b.3, the amendments are exempt from and not subject to CEQA.

OPTIONS:

For the Ordinance recommendation amending Sections 16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments:

1. After introducing the ordinance, set a public hearing for adoption.

2. After conducting the public hearing, direct staff to make modifications to the proposed Ordinance.

3. After conducting the public hearing, take no action or deny the request.

Meeting Date: 07/16/2024 Page 3 Agenda Item #VII.B.1.

FISCAL IMPACT:
 None  $ Budgeted Item?  Yes  No
Budget Adjustment Needed?  Yes  No If yes, amount of appropriation increase: $ Affected fund(s):  General Fund  Water OM Fund  Sewer OM Fund  Other:

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☒ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to introduce an ordinance of the City Council amending the City of Lakeport Sections 16.04.020 of Chapter

16.04 and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 of Title 16 of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments and set a public hearing for August 6, 2024.  Attachments:

1. Draft Ordinance – Clean Version

2. Draft Ordinance – Redline Version

3. CEQA Determination
360617.2
ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION 16.04.020 OF CHAPTER 16.04 AND SECTIONS

16.23.030, 16.23.040, AND 16.23.060 OF CHAPTER 16.23 OF TITLE 16 OF THE

LAKEPORT MUNICIPAL CODE REGARDING THE PROCEDURES FOR LOT

LINE ADJUSTMENTS AND FINDING AND DETERMINING THAT THIS

ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15378

WHEREAS, the City of Lakeport staff recommended changes to Sections 16.04.020,

16.23.030, 16.23.040, and 16.23.060 of Title 16 (“Subdivisions”) of the City of Lakeport Municipal Code (“Municipal Code”) to provide a ministerial review process for lot line adjustments subject to the Community Development Director’s approval; and WHEREAS, on June 12, 2024 a noticed public hearing regarding the text amendments was held before the Planning Commission of the City of Lakeport, California; and WHEREAS, said Planning Commission has recommended that the City Council approve said amendments to the Municipal Code; and
WHEREAS, the City Council intends to adopt an ordinance amending the Municipal Code to provide for ministerial review of lot line adjustment applications subject to the Community Development Director’s approval.

NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

SECTION 2. Code Amendment. Section 16.04.020 (Responsibilities) of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030 (Procedure by community development department), 16.23.040 (Requirements/conditions), and 16.23.060 (Appeals) of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code is hereby amended to read as follows:

16.04.020 Responsibilities.

A. City Attorney. The city attorney’s responsibilities shall include approving as to form all subdivision improvement agreements and security and all governing documents for a common interest development.

B. City Council. The city council shall have final jurisdiction in the approval, conditional approval, or denial of final maps. The city council shall also have final jurisdiction in the approval, conditional approval, or denial of reversions to acreage. 360617.2
The city council shall act as the appeal board for hearing appeals of the planning commission approval, conditional approval, or denial of tentative maps and vesting tentative maps. Acceptance of dedications of land easements or improvements in conjunction with the recordation of subdivision maps.

C. Planning Commission. The planning commission’s responsibilities shall include:

1. Approval, conditional approval, or denial of the application for tentative map approval of subdivisions of five or more parcels;

2. The approval, conditional approval, or denial of tentative maps for subdivisions of four or less parcels;

3. The approval of voluntary mergers;

4. Determinations of violations of the provisions of the Subdivision Map Act of this title.

D. City Engineering Department. The city engineering department responsibilities shall include:

1. Establishing design and construction details, standards, and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this title;

3. The processing and certification of final maps, parcel maps, reversion to acreage maps, and amended maps, and the processing and approval of subdivision improvement plans;

4. Examining and certifying that final maps and parcel maps are in substantial compliance with the approved tentative map;

5. The approval as to form of subdivision improvement agreements;

6. The inspection, approval, and acceptance of subdivision improvements.

E. Community Development Department. The community development department’s responsibilities shall include:

1. The intake and processing of land use applications for tentative maps;

2. Determining compliance with the provisions of this title and California Subdivision Map Act;

3. Assisting the city engineer in the processing of and certification of final maps and in determining that final maps are in substantial compliance with the approved tentative maps;

4. Environmental review and the development of mitigation measures and conditions of approval for subdivisions.

5. Approval, conditional approval, or denial of the application for a lot line adjustment.

16.23.030 Procedure by community development department. 360617.2
Upon receipt of the lot line adjustment application with any required fee, the community development department shall determine completeness, notify the applicant of the determination, and prepare a report as to the application’s conformance with these provisions.

No less than ten calendar days prior to approving or conditionally approving a lot line adjustment application, the community development department shall notify owners of contiguous properties immediately adjacent to the subject property and/or additional properties as determined by the community development director in his or her discretion. Notice shall be given by mail or personal delivery.

The written notice shall declare that the requested lot line adjustment may be approved without review and decision by the planning commission if no written request for review is filed with the community development department within ten calendar days of the date of mailing. If no request for review and decision by the planning commission is filed with the community development department during that ten day period, the lot line adjustment may be approved or conditionally approved by the community development director without a public hearing.

If a request for review by the planning commission is filed with the community development department pursuant to this section, the community development director shall schedule a public hearing before the planning commission at its next regularly scheduled meeting. Notification of said public hearing shall adhere to the requirements of Chapter 17.30.

The community development director may, in his or her discretion, refer to the planning commission any lot line adjustment application which involves a significant policy issue or that cannot be decided upon at a staff level. The planning commission shall then assume authority for the review and decision of the lot line adjustment application.

16.23.040 Requirements/conditions.

The lot line adjustment shall conform to the city’s zoning and building code ordinances except where one or more adjacent recorded legal lots are of less area than required by the municipal code. Said adjustments may be considered for approval so long as any reduction in lot size or increase in lot size will not result in any additional parcels.

No tentative map, parcel map, or final map as designated by the California Subdivision Map Act shall be required. The community development director may impose conditions on the lot line adjustments relating to, among others, conformance with zoning and building codes, payment of property taxes, and relocation of utilities, infrastructure, and easements.

16.23.060 Appeals.

Any decision rendered by the community development director regarding an approval or denial of a lot line adjustment may be appealed to the planning commission in accordance with the provisions of the municipal code within five days of the date of the written decision. 360617.2
SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Inconsistent Provisions. Any provision of the Lakeport Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA). This Ordinance is not a "project", as defined in Section 15378 of the State CEQA Guidelines, and will not cause a direct or reasonably foreseeable indirect effect or change to the physical environment. This Ordinance is therefore exempt from the California Environmental Quality Act pursuant to Sections 15061(b)(3) of the State CEQA Guidelines.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED by the City Council on the __ day of ___________2024; and PASSED AND ADOPTED at a regular meeting of the City Council held on the __ day of ______, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Michael Froio, Mayor
ATTEST:
_____________________________
Kelly Buendia, City Clerk
360617.2
ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION 16.04.020 OF CHAPTER 16.04 AND SECTIONS

16.23.030, 16.23.040, AND 16.23.060 OF CHAPTER 16.23 OF TITLE 16 OF THE

LAKEPORT MUNICIPAL CODE REGARDING THE PROCEDURES FOR LOT

LINE ADJUSTMENTS AND FINDING AND DETERMINING THAT THIS

ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15378

WHEREAS, the City of Lakeport staff recommended changes to Sections 16.04.020,

NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

16.04.020 Responsibilities.

C. Planning Commission. The planning commission’s responsibilities shall include:

1. Approval, conditional approval, or denial of the application for tentative map approval of subdivisions of five or more parcels;

2. The approval, conditional approval, or denial of tentative maps for subdivisions of four or less parcels;

3. The approval of lot line adjustments and voluntary mergers;