Nov 02, 2022
CITY OF LIVE OAK
Account # 3352500
9955 LIVE OAK BLVD
LIVE OAK, CA 95953-2311
Attention: RON WALKER
New Caterpillar Model: 420 Backhoe Loaders with all standard equipment:
STOCK NUMBER: TBA SERIAL NUMBER: TBA YEAR: 2023 SMU: 0
ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 542-7992 420 07A BACKHOE LOADER CFG2 560-2635 STABILIZER PADS, FLIP-OVER LANE 3 - AVAILABLE FROM LEICESTER FACTORY. 219-3387 BUCKET-HD, 24'', 6.2 FT3 543-4284 STICK, EXTENDABLE, 14FT 444-7500 COUPLER, PG, MAN.D.LOCK, BHL 544-1066 PT, 4WD/2WS, POWERSHIFT 559-0872 INSTRUCTIONS, ANSI 541-9540 ENGINE, 74.5KW, C3.6 DITA, T4F 421-8926 SERIALIZED TECHNICAL MEDIA KIT 554-4188 HYD, MP, 6FCN/8BNK, ST, IT COUPLER 551-6453 RIDE CONTROL 544-0877 CANOPY, BASE 456-3390 COUPLING, QD, THREADED WITH CAPS 545-5047 DISPLAY, STANDARD 282-5409 THUMB, HYDRAULIC, BHL 491-6734 WORKLIGHTS (8) HALOGEN LAMPS 221-4285 THUMB, TINE, A 4 611-0333 SEAT, VINYL 548-1231 LINES, COMBINED AUX, E-STICK 206-1748 SEAT BELT, 3'' SUSPENSION 211-4292 BEACON, MAGNETIC MOUNT 560-6797 PRODUCT LINK, CELLULAR, PLE643 216-8810 BUCKET-MP, 1.3 YD3, IT 379-2161 TIRES, 12.5 80/19.5L-24, GY 9R-5321 CUTTING EDGE, TWO PIECE 337-9695 COUNTERWEIGHT, 530 LBS 621-7419 WACO DEALER PDI & FUEL
WARRANTY INFORMATION
Standard Warranty: 12 months / unlimited hours
Extended Warranty: 420-36 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR, Dry Parts Kit - 24 MO/1000 HR ESTIMATED 2023 LIST PRICE $180,080.00
Sourcewell Governmental Contract Discount 22% off List ($39,618.00) Ext. Warranty, Filter Kit, & Delivery $3,215.00
Net Balance Due $143,677.00
Sales Tax (7.25%) $10,416.58
After Tax Balance $154,093.58
F.O.B/TERMS: EMD - PLEASANT GROVE
ADDTITIONAL CONSIDERATIONS
THIS QUOTE INCLUDES THE PROJECTED 5% PRICE INCREASE ON 1/1/23 BUT DOES NOT INCLUDE ANY ADDITIONAL PRICE INCREASES BEYOND THAT POINT AND IS SUBJECT TO CHANGE AND AVAILABILITY. 125
Quote 143283-01
STANDARD EQUIPMENT
BOOMS, STICKS, AND LINKAGES -BACKHOE -- 14'4'' Center pivot backhoe -4.3 Meters -- Boom and swing transport locks -- Pilot operated backhoe and -electro hydraulic stabilizer controls -- Street type stabilizer shoes -- Anti-drift hydraulics (boom, stick, -and E-stick) -- Cat Cushion Swing(tm) system -LOADER -- Single Tilt Loader -- Lift cylinder brace -- Self-leveling loader with single -lever control -- Return-to-dig -(automatic bucket positioner) -- Transmission neutralizer switch -- Bucket level indicator - HYDRAULICS -- Caterpillar XT-3 hose -- Hydraulic oil cooler -- Pilot control shutoff switch -- Flow-sharing hydraulic valves -- Hydraulic suction strainer -- 6 micron hydraulic filter -pump -with 43 gpm (162 L/min) axial piston -- Load sensing, variable flow system -controls -- Pilot hoe and mechanical loader -
POWERTRAIN -- Hydrostatic power steering -- Diesel particulate filter -- Outboard Planetary Rear Axles -Transmission oil -Engine oil -Fuel -- Spin-on filters for -- Neutral safety switch -- Transmission-four speed manual shift -- Torque converter -- Differential lock -interlock -wet disk brake with dual pedals & -- Hydraulically boosted multi-plate -- Filter condition indicator -- Automatic dust ejection system -integral precleaner -- Dry type axial seal air cleaner with ELECTRICAL -- 12 volt electrical start -
FLUIDS -- Antifreeze - Extended Life Coolant --20F (-30C) OTHER STANDARD EQUIPMENT -- Standard Storage Box -- Transport tie-down points -- Ground line fill fuel tank with -42.3 gal (160L) capacity & 5 gal (19L) -diesel exhaust fluid -- Rubber impact strips on radiator -guard -- Safety Manual -- Operations and Maintenance Manual -- Lockable hood -- Tire Valve Stem Protection - ELECTRICAL -- Horn, front and rear -- Backup alarm -- Hazard flashers/turn signals -- Halogen head lights (2) -- Halogen rear flood lights (2) -- Stop and tail lights -- Audible system fault alarm -- Key start/stop system -- 850 CCA maintenance free battery -- Battery disconnect switch -- External Power Receptacle (12v) -- Diagnostic ports for engine and -machine Electronic Control Modules - OPERATOR ENVIRONMENT -- Interior rearview mirror -- ROPS canopy, Rear Fenders -- 2-inch (50mm) retractable seat belt -- Tilt steering column -- Steering knob -- Hand and foot throttle -- Automatic Engine Speed Control -- One Touch Low Idle -- Floor mat and Coat Strap -- Lockable storage area -- Air suspension seat - This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.
Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________
Thank you,
Martin Cook
Holt of California
[email protected]
916-849-3594
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City of Live Oak
Report to City Council
Meeting Date: November 16, 2022
Title: Introduction of an Ordinance Amending Sections 17.15.050, 17.25.030, and
17.50.020 of the Live Oak Municipal Code Relating to Accessory Dwelling Units
Contact Information: Kevin Valente, AICP, Contract Planner Location: Citywide.
Background: Section 6582.2 of the California Government Code (GC) permits accessory dwelling units (ADUs) to be constructed on any residential property. The State of California identified that allowing ADUs in zones that allow residential uses can provide additional rental housing, and is an essential component in addressing California's housing needs. Recently, the State has revised Section 65852.2 of the GC related to ADUs, which became effective on January 1, 2021, to further accommodate the development of ADUs and junior accessory dwelling units (JADUs).
ADUs are defined as a complete independent living facility and may be attached or detached. ADUs can be significantly less expensive to build while having the potential to provide as much living space as apartments and condominiums. ADUs can provide a variety of housing needs and affordable housing options for family members, friends, students, the elderly, in-home health care providers, people with disabilities, and others. In addition, ADUs can offer an opportunity to maximize and integrate housing choices within existing neighborhoods.
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Analysis: An ADU with complete independent living facilities can have a few variations:
* Detached: The unit is separated from the primary structure. * Attached: The unit is attached to the primary structure. * Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. * JADU is a specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.
ADUs tend to be significantly less expensive to build and offer benefits that address common development barriers such as affordability and environmental quality. Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land, or other costly infrastructure required to build a new single-family home. Because they are contained inside existing single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs can work well for couples, small families, friends, young people, and seniors. Per state law, a property can have both an ADU and JADU.
The City of Live Oak adopting its own local ADU ordinance is a requirement of the City's adopted Housing Element. In addition, adopting a local ADU ordinance benefits the City by adopting local guidelines for City staff to permit ADUs, including fees. Until a city adopts its local ADU ordinance, a fee structure cannot be created.
The attached ordinance was prepared to amend Sections 17.15.050,
17.25.030, and 17.50.020 of the Live Oak Municipal Code pertaining to the City's administration of its accessory dwelling units to improve access to affordable housing for very low-, low-, and moderate-income, as well as senior citizen, housing. The proposed ordinance would include zoning standards, development standards, JADU criteria, and permitting requirements.
On October 18, 2022, the Live Oak Planning Commission voted to recommend City Council adoption of the proposed ADU Ordinance.
The proposed Ordinance amendment is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines Section 15305, Minor Alterations in Land Use Limitations.
Fiscal Impacts: None.
Recommendation: Waive the first reading of the ordinance amending Sections 17.15.050,
17.25.030, and 17.50.020 of the Live Oak Municipal Code relating to accessory dwelling units.
Attachments:
128
Ordinance
129
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVE OAK, CALIFORNIA, AMENDING SECTIONS 17.15.050, 17.25.030, AND 17.50.020 OF THE LIVE OAK
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
The City Council of the City of Live Oak does ordain as follows:
SECTION 1: Purpose and Authority. The purpose of this ordinance is to amend Section 17.15.050 to the Live Oak Municipal Code pertaining to the City’s administration of its accessory dwelling units to improve access to affordable housing for very low-, low- and moderate-income, as well as senior citizen, housing, and to make other related changes to the Live Oak Municipal Code. This ordinance is adopted pursuant to Government Code sections 65850, 65852.2, 65852.22, and other applicable law.
SECTION 2: Findings.
The City Council finds and determines as follows:
A. The City of Live Oak administers zoning provisions within the City’s boundaries consistent with the City’s General Plan as provided for in Title 17 of the Live Oak Municipal Code.
B. Government Code sections 65852.2 and 65852.22- the State accessory dwelling unit law, authorize the City to adopt an ordinance articulating the City’s procedures for and administration of the State accessory dwelling unit law within the City’s boundaries.
C. On November 16, 2022, the City Council held a duly noticed public meeting concerning the adoption of a proposed ordinance to carry out the State accessory dwelling unit law (“proposed Accessory Dwelling Unit Ordinance”).
D. The proposed Accessory Dwelling Unit Ordinance is consistent with the policies of the City of Live Oak General Plan and with the Live Oak Municipal Code.
E. The City Council finds it necessary to pass and implement the proposed Accessory Dwelling Unit Ordinance, and that it will promote and protect the public health, and safety, comfort, morals, convenience and general welfare of the residents within the City.
SECTION 3: Amendments.
A. Section 17.15.050 of the Live Oak Municipal Code is amended to read as follows:
17.15.50 Accessory dwelling unit regulations.
A. Purpose. The purpose and objective of this chapter is to contribute needed housing to the community housing stock and establish reasonable standards for the development of accessory dwelling units 130
and junior accessory dwelling units on all lots that already contain one legally created residential unit, consistent with Government Code Section 6582.2. For purposes of this chapter, an accessory dwelling unit is referred to as an “ADU” and a junior accessory dwelling unit is referred to as a “JADU.”
B. Applicable zoning districts. The provisions of this chapter shall be known as the “accessory dwelling unit regulations” and shall apply to all lots zoned to allow residential uses that include an existing or proposed single-family dwelling. ADUs and JADUs may exceed the allowable density for the lot upon which the ADU or JADU is located, and are considered a residential use that is consistent with the existing General Plan and Zoning designation for the lot. Except as authorized within the portions of existing multi-family dwelling structures, no more than one ADU and one JADU shall be placed on the same lot or parcel.
C. Accessory dwelling unit development standards. The following standards shall apply to the establishment of ADUs:
1. ADUs within Existing Space. An ADU within an existing space including the primary buildings, attached or detached garage or other accessory buildings shall be permitted ministerially with a building permit regardless of all other standards within the section if complying with:
a. Building and safety codes;
b. Independent exterior access; and
c. Side and rear setbacks sufficient for fire and safety.
2. Accessory dwelling units are required to comply with the following:
a. The ADU may be rented separate from the primary residence for a minimum of 30 days but may not be sold or otherwise conveyed separate from the primary residence unless the lot is subdivided pursuant to all applicable laws and local ordinances.
b. The lot is required to be zoned to allow residential uses that include an existing or proposed dwelling.
c. The ADU shall be located on the same lot as the existing dwelling.
d. If there is an existing or proposed primary dwelling, the floor space of an attached ADU shall not exceed fifty
percent of the proposed or existing primary dwelling living area or 1,200 square feet, whichever is less.
e. The total area of floor space for a detached ADU shall not exceed 1,200 square feet.
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f. A passageway shall not be required in conjunction with the construction of an ADU.
g. No setback shall be required for an existing garage that is converted to an accessory dwelling, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage. h. If an ADU is detached, a setback of no more than four feet from the side and rear lot lines shall be required.
i. If an ADU is detached, a five-foot separation between the primary residence and the secondary residence is required. j. ADUs shall not be considered when calculating the maximum lot coverage allowed.
k. The parking standard, as provided in Section 17.25.030, shall be met.
l. When a garage or carport structure is demolished in
conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit, and may be located in any
configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.
m. The City shall not require the applicant to install a new or separate utility connection or impose a related
connection fee or capacity charge for ADUs that are
contained within an existing residence or accessory
buildings.
n. The height of a one-story detached ADU shall not exceed 16 feet, and a detached two-story ADU shall not exceed 25 feet. o. Mobile homes do not meet the requirements of an ADU. A manufactured home is permitted as a detached ADU.
p. The ADU shall be constructed in accordance with provisions of the latest adopted editions of the building codes.
q. The design of the ADU shall incorporate the same or similar architectural features, building materials and colors as the primary residence.
D. Junior accessory dwelling unit criteria. The following criteria shall apply to the establishment of JADUs:
1. A JADU shall be contained entirely within an existing singlefamily structure. 132
2. A JADU shall be located within the walls of an existing or proposed single-family residence.
3. A JADU shall include its own discrete entrance, separate from the main entrance to the structure. A permitted JADU may include an interior entry to the main living area, and may include a second interior doorway for sound attenuation.
4. The JADU shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of JADU.
5. JADUs have no parking requirement.
6. The JADU shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the City and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
b. A restriction on the size and attributes of the JADU that conforms with this section.
7. For the purposes of any fire or life protection ordinance or regulation, JADUs shall not be considered a separate or new dwelling unit.
8. For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be
considered a separate or new dwelling unit.
9. A JADU created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the Planning Director. In considering such requests, the Planning Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City’s affordable housing supply. As a condition of termination, the Planning Director shall require the owner to make
modifications to the property to: (1) comply with current building code requirements and (2) comply with current
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development standards in effect at the time of the request to terminate the use of the JADU.
E. Permitting requirements. ADUs and JADUs shall be permitted ministerially, in compliance with this chapter, within 60 days of a completed application. The building official shall issue a building permit to establish an ADU or JADU in compliance with this chapter if all applicable requirements above are met. The Planning Director may approve an ADU or JADU that is not in compliance with the above requirements as set forth in the review process below.
F. Accessory dwelling units not complying with development standards. An ADU or JADU that does not comply with the applicable standards listed in this article may be permitted with a site plan review permit at the discretion of the Planning Director subject to the findings listed in the section below.
Findings.
1. The project would not be detrimental to the public health and safety.
2. That the project will have no adverse effect upon other properties including unreasonable privacy impacts.
3. That the project is consistent with the objectives and policies of the general plan and that granting the waiver will meet the purposes of this chapter.
To the discretion of the Planning Director, Planning Commission approval of the site plan review permit may be required for an ADU or JADU that does not comply with the applicable standards listed in this article.
B. Section 17.50.020 of the Live Oak Municipal Code is amended to read as follows:
“Accessory dwelling unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.
“Junior accessory dwelling unit” means a unit that is contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 134
“Family” means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
C. The portion of Section 17.25.030 of the Live Oak Municipal Code relating to parking requirements for “Second residence” is amended to read as follows:
Second residence:
accessory dwelling unit (ADU) 1 space per unit in addition to the 2 spaces for the primary
residence.
junior accessory dwelling unit
(JADU)
No parking requirement.
SECTION 4. Exemption from CEQA. The proposed Accessory Dwelling Unit Ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15305, Minor Alterations in Land Use Limitations.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, that portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 6. Effective Date. This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption.
SECTION 7 Posting. Within fifteen (15) days from the date of passage of this ordinance, the City Clerk shall post a copy of it in at least three public places in the City.
Introduced and the first reading waived at a regular meeting of the City Council of the City of Live Oak on the 16th day of November, 2022, and passed and adopted after waiving the second reading at a regular meeting thereafter on the __ day of____, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED:
____________________________
Nancy Santana, Mayor
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ATTEST:
_________________________
Clarissa Menchaca, City Clerk
APPROVED AS TO FORM:
Nicole Rosser, City Attorney
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City of Live Oak
Report to City Council
Meeting Date: November 16, 2022
Title: Contract with Yuba-Sutter Arts Council for Three Years to Implement Mural Projects
Contact Information: Aaron Palmer, City Manager
Location: City Wide
Background: The City had an initial three year contract with Yuba-Sutter Arts Council for a City Wide Mural Program. That contract has expired and at the City Council meeting of April 6, 2022, the City Council directed staff to bring back a new contract, with Yuba-Sutter Arts Council, for the continuation of the Mural Program.
Analysis: The contract will be for three years (expiring on November 16, 2025). The City of Live Oak will match dollar for dollar any public or private resources the Yuba-Sutter Arts Council may secure for the project. The match commitment is limited to a maximum of $60,000 for the three year life of the project. As of now, the City has budgeted $10,000 for Fiscal Year 2022-23, with the Yuba-Sutter Arts Council matching that $10,000 in grants received.
The Yuba-Sutter Arts Council is asking for a 10% fee, per mural project, on the cost of any mural completed in the City during the length of the contract.
Fiscal Impacts: Currently the City has budgeted $10,000 in account 10-1065-5341 for the City's Mural Projects. The Yuba-Sutter Arts Council matches that with a $10,000 grant that they receive. Therefore, the Mural Projects have an annual budget of $20,000.
Recommendation: Approve contract with Yuba-Sutter Arts Council for three years to implement Mural Projects.
Attachments:
Contract
137
1 Yuba Sutter Arts Council
Professional Service Agreement
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 16, 2022 by and between the CITY of Live Oak (CITY) and Yuba Sutter Arts Council (CONSULTANT).
RECITALS
A. CONSULTANT is specially trained, experienced and competent to provide the professional services required by this Agreement.
B. CONSULTANT possesses the skill, experience, ability, background, license, certification, as required by law, and knowledge to provide the professional services described in this Agreement in accordance with the terms and conditions described herein.
C. CITY desires to retain CONSULTANT to render the professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. CONSULTANT shall furnish the following services in a professional manner: CONSULTANT shall perform the services described in Exhibit “A” which is attached hereto and incorporated herein by reference. CONSULTANT shall provide such professional services at the time, place, and in the manner specified in Exhibit “A,” subject to the direction of the CITY.
2. Time of Performance. The services shall commence upon execution of this Agreement, and shall continue until November 16, 2025 or until terminated as set forth in Section 6 (Termination) of this Agreement. CONSULTANT understands that time is of the essence and will complete the services as outlined in the Exhibit “A”.
3. Compensation. Compensation to be paid to CONSULTANT to be in accordance with Exhibit “B”, which is attached hereto and incorporated herein by reference. Payment by CITY under this Agreement shall not be deemed a waiver of defects in CONSULTANT’s services, even if such defects were known to the CITY at the time of payment.
4. Method of Payment. CONSULTANT shall submit billing describing the work performed. CONSULTANT’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. CITY shall pay CONSULTANT upon approval of the invoice by CITY staff.
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2 Yuba Sutter Arts Council
Professional Service Agreement
5. Additional Services. At any time during the term of this Agreement, CITY may request that CONSULTANT perform Extra Work. As used herein, “Extra Work” means any work which is determined by CITY to be necessary for the proper completion of CONSULTANT’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. CONSULTANT shall not perform, nor be compensated for, Extra Work without prior written authorization from CITY.
6. Termination. This Agreement may be terminated by the CITY at any time. Upon termination, CONSULTANT shall be entitled to compensation for services properly performed up to the effective date of termination.
7. Ownership of Documents. The CITY acknowledges the CONSULTANT's documents, including electronic files, as the work papers of the CONSULTANT and the CONSULTANT's instruments of professional service. All plans, studies, documents, and other writings prepared by and for CONSULTANT, its officers, employees, and agents and sub consultants in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the CITY upon payment to CONSULTANT for such services, and the CITY shall have the sole right to use such materials in its discretion without further compensation to CONSULTANT or to any other party. CONSULTANT shall not be held liable for any modification or reuse of the CITY-owned instruments of service for purposes outside this Agreement.
CONSULTANT shall, at CONSULTANT’s expense, provide such reports, plans, studies, documents, and other writings to CITY within three (3) days after written request.
Nothing herein shall be construed as a limitation on CONSULTANT’s right to re-use component design details, features and concepts on other projects, in other contexts or for other clients.
8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression including, but not limited to, data magnetically or otherwise recorded on computer diskettes, CDs or other electronic form which are prepared or caused to be prepared by CONSULTANT under this Agreement (“Documents and Data”). CONSULTANT shall require all sub consultants to agree in writing that CITY is granted a nonexclusive and perpetual license for any Documents and 139
3 Yuba Sutter Arts Council
Professional Service Agreement
Data the sub consultant prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents and Data. CONSULTANT makes no such representation and warranty in regard to Documents and Data which may be provided to CONSULTANT by CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY’s sole risk.
9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to CONSULTANT in connection with the performance of the Agreement shall be held confidential by CONSULTANT unless and until such documents become a matter of public record. Such materials shall not, without the prior written consent of CITY, be used by CONSULTANT for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is generally known, or has become known, to the related industry shall be deemed confidential. CONSULTANT shall not use CITY’s name or insignia, photographs relating to project for which CONSULTANT’s services are rendered, or any publicity pertaining to the CONSULTANT’s services under this Agreement in any magazine, trade paper, newspaper, television, or radio production or other similar medium without the prior written consent of CITY.
10. Consultant’s Books and Records
a. 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, expenditures, and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT to this Agreement. b. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of the Agreement.
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4 Yuba Sutter Arts Council
Professional Service Agreement
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the CITY for inspection at 9955 Live Oak Blvd., Live Oak, California when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONSULTANT’s address indicated for receipt of notices in this Agreement. d. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT’s business, CITY may, by written request by any of the above named officers, require that custody of the records be given to the CITY and that documents be maintained by CITY Hall.
11. Independent Contractor. It is understood that CONSULTANT, in the performance of the services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CITY. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CITY’s employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights.
12. Interest of Consultant. CONSULTANT (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of CONSULTANT’s services hereunder. CONSULTANT further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal agreement monitoring; and
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5 Yuba Sutter Arts Council
Professional Service Agreement
b. possesses no authority with respect to any CITY decision beyond rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2)).
13. Professional Ability of CONSULTANT. CITY has relied upon the professional training and ability of CONSULTANT to perform the services hereunder as a material inducement to enter into this Agreement. All services provided by CONSULTANT under this Agreement, shall be by Yuba Sutter Arts Council and shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in CONSULTANT’s field of expertise.
14. Compliance with Laws. CONSULTANT shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
15. Licenses. CONSULTANT represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONSULTANT to practice its profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are required by the CITY for its business.
16. Indemnity. CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its officers, officials, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except to the extent any such claim arises from the sole negligence or willful misconduct of the CITY, its officers, agents, employees, or volunteers.
17. Insurance Requirements. CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “C” attached hereto.
18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
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If to CITY: CITY of Live Oak
9955 Live Oak Blvd
Live Oak, CA 95953
Attn: Aaron Palmer, City Manager
If to CONSULTANT: Yuba Sutter Arts Council
624 E Street
Marysville, CA 95901
Attn: David Read, Executive Director
19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the CITY and CONSULTANT. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.
20. Amendments. This Agreement may be modified or amended only by a written document executed by both CONSULTANT and CITY and approved as to form by the CITY Attorney.
21. Assignments and Subcontracting. The parties recognize that a substantial inducement to CITY for entering into this Agreement is the professional reputation, experience, and competence of CONSULTANT. Assignments of any or all rights, duties, or obligations of the CONSULTANT under this Agreement will be permitted only with the express prior written consent of the CITY. CONSULTANT shall not subcontract any portion of the services to be performed under this Agreement without the prior written authorization of the CITY. If CITY consents to such subcontract, CONSULTANT shall be fully responsible to CITY for all acts or omissions of any subcontract of CONSULTANT.
Nothing in this Agreement shall create any contractual relationship between CITY and subcontract nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontract other than as otherwise required by law.
22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
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23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
24. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
25. Litigation Expenses and Attorney’s Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorney’s fees.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. Authority to Enter Agreement. CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority, to make this Agreement and to bind each respective party.
28. Prohibited Interests. 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 from the award or making of this Agreement. 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.
29. Equal Opportunity Employment. CONSULTANT represents that CONSULTANT is an equal opportunity employer and CONSULTANT shall not discriminate against any sub 144
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consultant, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF LIVE OAK YUBA SUTTER ARTS COUNCIL
By: By:
Aaron Palmer, City Manager
Title:
Business License #:
Tax ID No.:
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
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Exhibit “A”
Scope of Work
CONSULTANT will implement a high quality public mural project within the city limits of the City of Live Oak with a goal of delivering two to three murals per year. Murals are expected to be approximately 1200 sg. ft., at an estimated minimum cost of $10 per sq. ft., with a minimum expected life of 5 years. The actual number of murals, sizes of murals and cost will vary according to each location.
CONSULTANT will be entitled to a fee of 10% of the total cost of each new mural created as part of this agreement.
In coordination with Live Oak Economic Development Committee, Arts Council will be responsible for selection of sites.
CONSULTANT is solely responsible for contracting with property owners and contracting with artist(s). As stated previously, the City of Live Oak is indemnified and held harmless from any and all actions of CONSULTANT in implementing the project.
Arts Council will follow guidelines established by the City of Live Oak, including:
a. Following the theme of a celebration of Live Oak’s heritage, with all murals throughout life of program featuring prominently the presence of oak trees, reestablishing in art the historic riparian oak forest. b. Consulting with Economic Development Committee on site location priorities for murals.
c. Maintaining the quality of art anticipated in the project. d. Ensuring property-owner participation in the final selection of art for a specific property.
e. Inclusion of public process in the review of artist submissions for murals.
CONSULTANT will collaborate with the Economic Development Committee on marketing the mural project in the region.
CONSULTANT is responsible for maintaining murals within the parameters of available funding.
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Exhibit “B”
Schedule of Fees
The City of Live Oak will match dollar for dollar any public or private resources CONSULTANT may secure for the project. The match commitment is limited to a maximum of $60,000 for the three year life of the project.
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Exhibit “C”
Insurance Requirements
CONSULTANT shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, or employees. CONSULTANT shall maintain limits no less than:
1. Commercial General Liability, Including: $1,000,000 per occurrence and Premises and Operations $2,000,000 general aggregate
Contractual Liability
Personal Injury Liability
Independent Contractors
Bodily Injury, Property Damage
2. Automobile Liability: $1,000,000 per accident for
Owned, Non-Owned, bodily injury and property
and Hired Autos damage
3. Workers’ Compensation: As required by the State of California
4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease
5. Professional Liability: $1,000,000 per claim and $2,000,000 annual aggregate
Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The CITY, its officers, officials, employees and volunteers are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.
2. For any claims related to this project, the CONSULTANT’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it. 148
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3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) day’s prior written notice has been provided to the CITY.
If General Liability and Professional Liability coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the CONSULTANT must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the CITY for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the CITY or on other than the CITY’s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Waiver of Subrogation
CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its employees, agents and sub consultant.
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City of Live Oak
Report to City Council
Meeting Date: November 16, 2022
Title: Conference with Legal Counsel Pursuant to Government Code Section 54956.9:
Existing Litigation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9)- One (1) Case, Name of Case: Waller v. County of Sutter, et al., Case No.: USDC EDCA 2:22-CV-00246.
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