REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, MARCH 1, 2022
5:30 PM
1 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, March 1, 2022
5:30 PM
THIS MEETING WILL BE HELD VIRTUALLY AND IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 361, SIGNED INTO LAW ON SEPTEMBER 16, 2021, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC
AGENCIES TO HOLD VIRTUAL MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).
TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE:
https://us02web.zoom.us/j/4614728829
Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
If prompted to enter a participant ID, press #
How to submit written Public Comments:
If any member of the public would like to provide written comments at the meeting, please do as set forth below.
Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to [email protected].
Read Aloud During the Meeting: Email your comments to [email protected] when the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence).
DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above.
2 5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.
The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.
6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of February 15, 2022 Sand City Council Meeting Minutes
2.15.22 Sand City Council Meeting Minutes.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PRESENTATION
8A. Presentation by Amy Sheehan regarding Art Park ( 10 minutes)
9. NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Approving a Service Agreement with So-Gnar, Inc. (Pat Milbery) for the 2022 West End Mural Festival "WE" (WE) and Authorizing the City Manager to Enter into the West End Mural Festival Artist Procurement and Curation Service Agreement Staff Report.West End Mural Festival 2022.pdf
Exhibit A.we budget.pdf
Exhibit B. SoGnarResolution.2022.pdf
Attachment 1.SoGnarWE service agreement.2022.pdf
9B. Discussion and Consideration of Art Park Gate
Staff Report.Art Park Gate.2.2022.pdf
Exhibit A.June 15, 2021 CM Staff Report.pdf
9C. Consideration and Approval of City RESOLUTION Adopting the Proposed City Budget Amendment #1 for Fiscal Year 2021-2022
Staff Report.Budget Amendment #1 FY 21-22.pdf
Resolution.FY 21-22 Budget Amendment #1.pdf
9D. Comments by Council Members on Items of Interest to Sand City 9E. Upcoming Meetings/Events
10. ADJOURNMENT
3 The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
6A.
Approval of February 15, 2022 Sand City
Council Meeting Minutes
5 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, February 15, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting at 5:31 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz (virtual attendance)
Council Member Sofer (virtual attendance)
Council Member Hawthorne (virtual attendance)
Council Member Blackwelder (virtual attendance)
Staff: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk
City Planner Charles Pooler (virtual attendance)
Police Chief Brian Ferrante (virtual attendance)
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Mayor Carbone.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Mayor Carbone announced that her Mayor’s report was made available by email, and reported on the receipt of the Association of Monterey Bay Area Governments grant funds that could be allocated towards programs such as code and standards, building designs, and public equity.
Acting City Manager/City Attorney Norgaard provided an update of the City Managers report to include a meeting with the City’s tax consultants HdL and noted that the City’s 3rd quarter sales tax was up by 8.3%; the opening of Mancini’s Mattress, that potholing has been completed, and that the Seaside Sanitation District has accelerated the construction schedule anticipated to begin within a week.
In response to Council Member Sofer’s inquiry at the last meeting regarding the status of the Catalina stormwater project, Acting City Manager Norgaard reported that the City Engineer is reviewing the design consultants’ proposals.
6 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
Ms. Norgaard also provided an update on the progress of the South of Tioga project to include that the second reading of the Community Facilities District that will be considered later in the meeting, submission to CDFW of the conservation easement draft, meetings with Denise Duffy & Associates regarding the City’s application to be the easement holder for the habitat, receipt of CCMR for the R1 & R2 parcels, staff & building services meeting with the hotel developer.
Mayor Carbone announced that agenda item 9B presentation by G.I Josie, and agenda item 11, Closed Session, will be pulled from the agenda.
AGENDA ITEM 5, COMMUNICATIONS
5:42 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick inquired about the status of the park and when the new playground would be installed. Acting City Manager Norgaard responded that the plans are under review by BFS consultants and anticipates that construction commence soon. 5:45 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6:46 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
6A. There was no discussion of the Sand City Council Meeting Minutes for January 18, 2022 Special Meeting Minutes, and February 1, 2022 Regular Meeting Minutes. 6B. There was no discussion of the City Resolution authorizing the Submission of Applications and Performing Grant Administration for all CalRecycle Grants that the City of Sand City is Eligible for over the next Five Years 6C. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the period of February 19, 2022 through March 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
6D. There was no discussion of the City/Successor Agency Monthly Financial Report, January, 2022.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, NEW BUSINESS
7 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
8A. Consideration and Approval of City RESOLUTION to Amend and Update the Memorandum of Understanding between the Monterey Regional Waste Management District and the City of Sand City for Assistance in Achieving SB 1383 Compliance
City Planner Pooler reported that the June 6, 2021 Council meeting, the Council adopted Resolution SC 21-52 that authorized a memorandum of understanding (MOU) with the Monterey Regional Waste Management District (MRWMD) for assistance with implementing SB 1383 mandates. A non-competitive CalRecycle grant has become available to assist local jurisdictions in implementing SB 1383 programs. Marina will be taking the lead, and finds that the District has the staff and resources to administer the programs on behalf of participating jurisdictions. Sand City is entitled to $20,000 for this purpose. Since the City does not have in-house staff, resources, or expertise to manage the grant program, amending the current MOU with the MRWMD, as proposed would allow the City to utilize MRWMD's resources. There is no cost to the City to participate on the cooperative regional grant and the City would benefit from an estimated $212,566 in pooled regional funding to be administered by the MRWMD. Staff recommends approval of the attached resolution.
Mr. Pooler introduced Brennen Jensen and Kristin O’Hara representing the Monterey Regional Waste Management District.
Ms. Jensen commented that Mr. Poolers report was concise, that the resolution authorizing submission of grants on the city’s behalf was approved on the consent calendar, and that the MOU revisions would incorporate shared costs with MRWMD and other agencies. She also reported on the benefits of amending the MOU to include assistance to the City with direct funds allocated towards meeting compliance.
Mr. Pooler responded affirmatively to the Mayor’s inquiry whether this is a one-time grant, and if successful may be extended.
Ms. Jensen added that two different exhibits are included in the agenda packet with Exhibit C outlining the estimated allocation for each City. 5:57 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor to public comment.
Motion to approve the City Resolution to amend and update the Memorandum of Understanding between the Monterey Regional Waste Management District and the City of Sand City for assistance in achieving SB 1383 Compliance was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES:
None. ABSENT: None. ABSTAIN: None. Motion carried
8B. Comments by Council Members on Items of Interest to Sand City Council Member Sofer reported that the In-Home Social Services (IHSS) Committee is still searching for two people to participate on the board. 8 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
Mayor Carbone reported on her attendance at the Monterey 1 Water meeting and the micro grid project.
8C. Upcoming Meetings/Events
There were no upcoming meetings/events reported.
AGENDA ITEM 9, PRESENTATION
9A. Presentation by Tom McCullough regarding possible Bike Race Criterium in Sand City (10 minutes)
Mr. Tom McCullough, and avid cyclist, presented a proposal for a bike race criterium hosted by Monterey Bay Racing Team in Sand City, for Sunday, September 11, 2022. The bike race would involve different ages and levels of cyclist, and will start and finish at Post No Bills. He also suggested a sponsorship of a bike themed mural for the City. He explained what a bike race criterium involved, why it would be a good fit for Sand City, and displayed a map of the criterium race course. The length would encompass approximately ¾ of a mile, last 30 minutes for each race, displayed a proposed race schedule, and considered ingress/egress locations for residents at the Independent.
There was discussion of the length for the races that would include a 10 minute break between races, volunteers from MBRT to assist during the event and emergency medical services. Chief Ferrante mentioned his meeting with Mr.
McCullough, that it would be a good event for the city with some logistical hurdles, the possibility of recruiting the sheriff’s department, and three off-duty officers to possibly volunteer at the event.
Council Member Sofer mentioned that Sunday would be the best day as the City is quieter.
Council Member Cruz was in favor of the idea and bringing different events into the City. She inquired Mr. Chapin of his experience sponsoring the event in the City of Salinas.
Mr. Don Chapin III responded that it was a lot of fun, the event was held in the downtown area, a few businesses seemed unhappy, that it drew a lot of spectators, and that it did not continue past 2014.
There was further discussion regarding food vendors, utilizing the parking lot at the Art Park, and preparation for the event to include notification of business and residents.
6:35 p.m. The Mayor opened the floor for public comment, and seeing none, closed the floor to public comment.
9 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
There was consensus of the Council in favor of the bike race criterium event. The Mayor suggested that Mr. McCullough and Mr. Chapin work with the City Manager and staff moving forward.
Council Member Sofer suggested that the TAMC Bike Committee would be a good resource.
The Mayor thanked Mr. McCullough and Mr. Chapin for the presentation. 9B. Presentation regarding G.I. Josie Inc., by Laurabeth Messimer (10 minutes) This item was pulled from the agenda.
AGENDA ITEM 10, PUBLIC HEARING
{Council Member Cruz recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
10A. Second Reading: ORDINANCE of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District Acting City Manager/City Attorney Vibeke Norgaard reported on the background regarding the formation of a Community Facilities District No. 2021-1, South of Tioga project, resolutions that were adopted at the February 1, 2022 meeting for the formation of the CFD, calling a special election, and declaring results of the special landowner election and directing the recording of a special tax lien. The council also conducted and approved a first reading of the Ordinance authorizing the levy of special taxes in the community facilities district that included the rate and method of apportionment. The establishment of the CFD is intended to mitigate the negative fiscal impact of the Project. Staff recommends approval of the second reading of the attached ordinance.
6:34 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor to public comment.
Motion to waive reading in full and read by title only, of the second reading of the Ordinance of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None.
ABSTAIN: Council Member Cruz. Motion carried.
{Council Member Cruz returned to the meeting}
The Closed Session item was pulled from the agenda.
AGENDA ITEM 11, CLOSED SESSION
10 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
02.15.22 Regular Meeting
11A. City Council/Successor Agency Board adjourned to Closed Session regarding:
1). Conference with labor negotiator (Cal. Gov. Code Section 54957.6) Agency negotiator: City Attorney/Acting City Manager Vibeke Norgaard Represented employees: Sand City Police Officers' Association 11B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1
AGENDA ITEM 12, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 6:45 p.m. to the next regularly scheduled meeting on Tuesday, March 1, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
11 AGENDA ITEM
8A.
Presentation by Amy Sheehan regarding
Art Park (10 minutes)
12 AGENDA ITEM
9A.
Consideration and Approval of City
RESOLUTION Approving a Service
Agreement with So-Gnar, Inc. (Pat
Milbery) for the 2022 West End Mural
Festival "WE" (WE) and Authorizing the
City Manager to Enter into the West End
Mural Festival Artist Procurement and
Curation Service Agreement
13 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, Acting City Manager/City Attorney DATE: February 22, 2022 (Meeting date: March 1, 2022)
SUBJECT: West End Mural Festival “we.”
______________________________________________________________________ Background:
The inaugural we. murals installation was held September 28, 2020 through October 5, 2020.
The week-long installation included six local artists and seven national artists, and produced seven large-scale murals throughout the West End. The we.murals received over a dozen media posts, and continues to draw attention not only locally but nationwide.
Based on the success of the 2020 we.murals, the Council decided to continue the festival in 2021 and another successful festival was held August 23-28, 2021. In 2021, we.murals curated 31 local national and international artists across 13 walls in the City.
At its February 1, 2022 meeting, Council heard a presentation from Pat Milbery and Hunter Stevens- of SoGnar, Inc . Council directed the Acting City Manager to move ahead with a mural festival in 2022 on August 18, 2022-August 25, 2022. For the We. mural fest 2022 SoGnar proposed 14 artists on 6-8 walls and a budget of $80,000, attached as Exh. A.
CEQA: The action to procure artists for a neighborhood mural program is not subject to CEQA (California Environmental Quality Act) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; per CEQA guideline section 15060(c)(2). Furthermore, the application of artistic murals on existing structures qualifies for a categorical exemption per CEQA Guideline section 15301 as it a minor alteration of public and/or private structures involving no expansion of the use or structure.
Fiscal Impact:
Proposed 2022-2023 Budget funds to be used in support of the festival. If approved, the Council would need to set aside $55,000 in its FY 2022-23 budget; and $25,000 in its amended budget for FY 21-22.
Recommendation:
Based on the direction from Council, staff recommends approval of the resolution (Exhibit B) and the West End Mural Festival service agreement (Attachment 1), and the allocation of funds in the FY 2022-2023 budget.
Agenda
Item
9A
14 Exhibits/Attachment:
A: Budget proposed by So Gnar, Inc.
B: Resolution
Attachment 1: Agreement with So Gnar
15 we. Mural Festival - 2022 Proposed Budget
Total
$80,000.00
Item Cost
So-Gnar Inc. Art Curation $25,000.00
Artist Commission (12) $30,000.00
Equipment Rental $10,000.00
Paint/Supplies $7,500.00
Lodging Cost $6,000.00
Videography/Marketing $1,500.00
EXHIBIT A
16 CITY OF SAND CITY
RESOLUTION SC ____, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING A SERVICE AGREEMENT WITH SO-GNAR, INC. (PAT MILBERY) FOR THE 2022 WEST END MURAL FESTIVAL “WE” (WE) AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE WEST END MURAL FESTIVAL ARTIST PROCUREMENT AND CURATION
SERVICE AGREEMENT
WHEREAS, the City of Sand City will be sponsoring and coordinating the West End Mural Festival (WE) in collaboration with the Sand City Arts Committee in the Summer of 2022; and
WHEREAS, the West End Mural Festival will supplement the sense of place the City’s prior two mural festivals have created, add to the accessible public art gallery, and book end the highly successful West End Celebration; and
WHEREAS, the City desires to hire a contractor for the general purposes of Artist Procurement and Curation for the 2022 West End Mural Festival including sponsorship development related to the event; and
WHEREAS, Pat Milbery of So-Gnar, Inc. is a Denver based artist who curated the prior two we.Mural festivals in Sand City and who is well known for the large-scale murals that he has created alongside some of the most prominent street and graffiti artists in the world; has helped curate and create major art installation projects for brands including the Ford Motor Company, X Games, Budweiser, Zumiez, Loveland Ski Area, Wahoo Fish Tacos, and Pabst Blue Ribbon, and will provide professional event and artist procurement and curation services for the West End Mural Festival that will result in continuous improvement to the West End, and create a sense of pride for the neighborhood; and WHEREAS, for 2022 So Gnar has proposed that 6-8 quality large-scale murals will be produced by 12-14 regional, national, and international artists that will create conversation, and produce an accessible public art gallery in the West End; and WHEREAS, the 2022 West End Mural Festival will be held on August 18th through 25th, and will include various daily events outside of the painting of murals throughout the week; and
WHEREAS, the proposed budget for the 2022 West End Mural Festival is $80,000, including artist procurement and curation services requiring that $55,000 be budgeted for fiscal year 2022-2023 and $25,000 allocated in the fiscal year 2021-2022 in Amendment #1 to the Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Sand City as follows:
1. The City Manager is authorized to enter into the West End Mural Festival artist procurement and curation service agreement attached hereto and incorporated 17 Sand City Resolution SC 22-__, 2022
herein as Attachment 1 and is approved at a cost not to exceed $80,000;
2. The term of the agreement will commence on the date the agreement is fully executed and end on June 30, 2023.
3. So-Gnar Inc. will maintain a current Sand City Business License for the term of the service agreement.
PASSED AND ADOPTED by the City Council of Sand City on this ___, day of March, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
18 Attachment 1
Rev. 2/22
CITY OF SAND CITY
WEST END MURAL FESTIVAL ARTIST PROCURMENT AND CURATION SERVICE
AGREEMENT
This West End Mural Festival Artist Procurement and Curation Service Agreement (“Agreement”) made this ___ day of _________, 2022 (“the Effective Date”) , is by and between the CITY OF SAND CITY, a municipal corporation (“City”) and So-Gnar, Inc., a Colorado Corporation, hereinafter referred to as “Consultant” (together referred to the “Parties”).
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
I. TERM
The term of the Agreement will begin on _________, 2022 and shall end on June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
The Agreement may be reviewed and renewed annually. No modification to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
II. SERVICES
Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in the Scope of Work in Exhibit A, attached hereto and incorporated herein as though set forth in full. Unless otherwise explicitly stated in Exhibit A, CONSULTANT shall at its sole cost and expense furnish all facilities and equipment which may be required for completing the tasks set forth in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
IV. TIME
CONSULTANT shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in section III (Performance) and to satisfy CONSULTANT’S obligations hereunder.
V. ASSIGNMENT OF PERSONNEL
19 Attachment 1
Rev. 2/22
CONSULTANT shall assign only competent personnel to perform services pursuant to his Agreement. In the event that CITY, in its sole discretion, at any time during the term of the Agreement, desires the reassignment of any such persons, CONSULTANT shall, immediately upon receiving notice from CITY of such desire, reassign such person or persons.
VI. PAYMENT
A. The CITY agrees to pay CONSULTANT monthly for services performed and reimbursable costs, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed fifty thousand dollars ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
Only up to $25,000 may be billed in the City’s fiscal year 21-22. Except as specifically authorized by CITY in writing, CONSULTANT shall not bill CITY for duplicative services performed by more than one person. Fees for work performed by CONSULTANT on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time CITY's written authorization is given to CONSULTANT for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT.
Any additional work in excess of this amount shall be approved by the City Council of Sand City.
C. CONSULTANT will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include a task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement. For each work item and task, a copy of the applicable time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT's fees it 20 Attachment 1
Rev. 2/22
shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice. In no event shall CONSULTANT submit an invoice for an amount in excess of the maximum amount of compensation provided above for either a task or the entire Agreement, unless the Agreement is properly modified in writing prior to the submission of such an invoice.
VII. SUSPENSION OR TERMINATION OF AGREEMENT
A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, upon written notification to CONSULTANT. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. CONSULTANT may cancel this Agreement upon 60 days written notice to CITY and shall include in such notice the reasons for cancellation.
C. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the CITY; CITY may however condition payment of such compensation upon CONSULTANT delivering to CITY any and all Documents prepared in connection with this Agreement. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the CITY pursuant to Section 6.
D. The parties may amend this Agreement only by a writing signed by all the parties.
E. All obligations arising prior to the termination of this Agreement and all provision of this agreement allocating liability between the CITY and CONSULTANT shall survive the termination of this Agreement.
F. If CONSULTANT materially breaches any of the terms of this Agreement, CITY’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement
b. Retain all Documents and other work product prepared by CONSULTANT pursuant to this Agreement
c. Retain a different consultant to complete the work described in an given task order not finished by Consultant; and/or
21 Attachment 1
Rev. 2/22
d. Charge the consultant the difference between the cost to complete the work described in a given task order that is unfinished at the time of breach and the amount the CITY would have paid
CONSULTANT pursuant to section 6 if CONSULTANT had
completed the work.
VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT.
CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. CONSULTANT understands that all such records may be subject to the examination and audit of the State Auditor or as part of any audit of the CITY.
B. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents, in electronic or other form, prepared in the course of providing the services to be performed pursuant to this AGREEMENT (“Documents”) shall become the sole property of the CITY and may be used, reused, or otherwise disposed of by the CITY in connection with the project for which CONSULTANT’S services are provided under this AGREEMENT and without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the CITY, at the CONSULTANT's office and upon reasonable written request by the CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the services under this AGREEMENT.
C. CONSULTANT agrees to execute the Agreement for Public Art attached to this Agreement as Exhibit D. Parties agree that the executed version of the attached Agreement for Public Art constitutes part of this Agreement. CONSULTANT 22 Attachment 1
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agrees that the CITY has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the work, or decline to do so, in whole or in part, in CITY’s sole discretion.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its officials, employees, contractors and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent, reckless or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive the expiration or termination of this Agreement with respect to any liability arising during the term of the Agreement. With respect to third party claims against the CONSULTANT, CONSULTANT waives any and all rights of any type to express or implied indemnity against the Indemnified Parties.
B. Duty to defend
In the event the CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by CITY, CONSULTANT shall defend the CITY at CONSULTANT’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this indemnity.
C. California Civil Code Section 2782.8
Notwithstanding the foregoing, to the extent that the CONSULTANT’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by California Civil Code Section 2782.8.
23 Attachment 1
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X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.
XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant and/or independent contractor and not an employee of CITY. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees,
subcontractors or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, subcontractors or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.
B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.
XII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The CITY, and its officers, consultants and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.
XIII. UNDUE INFLUENCE/CONFLICT OF INTEREST
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the CITY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. 24 Attachment 1
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No officer or employee of the CITY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity. CONSULTANT may not serve other clients whose activities within the corporate limits of CITY or whose business regardless of location would place CONSULTANT in a “conflict of interest” as that term is defined in the Political Reform Act, California Government Code section 81000 et seq.
XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-Agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.
XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY's prior written authorization.
CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
B. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the CITY of such Discovery. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is 25 Attachment 1
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adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To CITY: City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Attention: City Clerk
To CONSULTANT: So-Gnar, Inc.
4295 Harlan Street
Wheatridge, CO 80033
Attention: Pat Milbery
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Pat Milbery may use assistants, under his direct supervision, to perform some of the services under this AGREEMENT.
CONSULTANT shall provide CITY thirty (30) days' notice prior to the departure of Pat Milbery from CONSULTANT's employ. Should he leave CONSULTANT's employ, the CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and the CONSULTANT.
Before CONSULTANT retains or contracts with any subcontractor, CONSULTANT shall provide CITY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT 26 Attachment 1
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and such subcontractor which shall include and indemnity provision similar to the one provided herein and identifying CITY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from CITY for such insurance.
XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT, its employees, agents, and any subcontractors shall have in full force and effect, all licenses, permits, qualifications and approvals required of it by law for the performance of the services described in this AGREEMENT. In addition, CONSULTANT and any subcontractors shall obtain and maintain during the term of this Agreement a valid Sand City business license.
XIX. GOVERNING LAW
This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be brought in the Superior Court of the State of California, County of Monterey, or, in the case of any federal claims, in the United States District Court, Central District of California.
XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous Agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
XXI. SEVERABILITY/NO IMPLIED WAIVER OF BREACH
If a court of competent jurisdiction finds that any provision of this Agreement is invalid, void or unenforceable, the provisions not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any breach of that term or any other term of this Agreement.
27 Attachment 1
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XXII. ATTORNEYS FEES
If a party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CONSULTANT
By:_____________________________
(Signature)
________________________________
(Typed Name)
________________________________
(Title)
CITY OF SAND CITY
_______________________________
Vibeke Norgaard, Acting City Manager
ATTEST:
_______________________________
Connie Horca/City Clerk
APPROVED AS TO FORM:
28 Attachment 1
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City Attorney
By: ____________________________
Attachments: Exhibit A Scope of Services
Exhibit B Consultant’s Fee Schedule
Exhibit C Insurance Requirements
Exhibit D Agreement for Public Art
29 Attachment 1
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EXHIBIT A
SCOPE OF SERVICES
Contractor agrees to perform the following services for City in connection with the West End Mural Festival (we.):
(a) Contact and actively solicit for financial contribution and sponsorships, nationally recognized and local companies, organizations and individuals. In particular, companies that have policies of corporate giving shall be contacted for potential financial assistance regarding the West End Mural Festival. This sponsorship development activity shall be documented by the Contractor and presented to the City on an annual basis prior to June 30, 2023.
(b) Create all promotional materials necessary for the 2022 West End Mural Festival (e.g., posters; flyers, public service announcements, website development, and advertising for all media outlets).
(c) Organize volunteers and coordinate with the Sand City Arts Committee to conduct the event.
(d) Ensure that the West End Mural Festival is conducted in the manner required by City, State and Federal law (e.g., business license, safety and land use requirements; alcoholic and beverage control laws and regulations).
(e) Coordinate the planning of the West End Mural Festival with the Sand City Arts Committee, City staff and the City’s Police Department. (f) Contractor will prepare a draft budget for the 2022 West End Event. Expected expense items shall be categorized in the draft budget itemized to a level of detail which is acceptable to the City Manager. Contractor shall submit the draft budget to the City Manager for his/her review and approval no later than April 1, 2022. (g) Contractor agrees to provide curation services including; • Meet monthly with the Sand City Arts Committee and City Council, as necessary, to provide festival updates.
• Selecting artists for the festival based upon the following criteria; o Skill, execution, experience, capability, style, quality, diversity, individuality, and context.
o To encourage participation by local artists, a local “Call for Artists” shall be performed as well.
• Coordinate artist and property owner agreement for public art. • Assist in festival budget oversight with City Staff.
• Organize and manage all festival and artist paint and supplies. • Arranging and providing art and designs for City and property owner approval. 30 Attachment 1
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• Provide design assistance and coordination of all marketing and branding of the festival.
• Coordination of all event volunteers.
• Ensure that all Artists meet deadlines as determined by City Manager • Locate and coordinate sponsors and partners of the festival. 31 Attachment 1
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EXHIBIT B
CONSULTANT’S FEE SCHEDULE
So-Gnar, Inc.
Retainer Fee 10%: $1500
Per hour for his services: $200
Per Hour for support services under this contract: $200 Travel and lodging to be billed at cost in accordance with approved budget. 32 Attachment 1
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EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than one (1) year after completion of the services required by this AGREEMENT.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required].
CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
33 Attachment 1
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• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract 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 CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Manager.
34 Attachment 1
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Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 35 Attachment 1
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Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONSULTANT agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 36 AGENDA ITEM
9B.
Discussion and Consideration of Art Park
Gate
37 City of Sand City
STAFF REPORT
TO: MAYOR AND CITY COUNCIL
FROM: VIBEKE NORGAARD, ACTING CITY MAANGER
DATE: FEBRUARY 24, 2022
FOR: MARCH 1, 2022 COUNCIL MEETING
SUBJECT: ART PARK GATE
_______________________________________________________________________ Discussion:
In April of 2021, the City Council directed staff to create an outdoor art park at the Carroll Property in Sand City. A request for proposals (RFP) to create a new gate was issued and two proposals were received. At its June 15, 2021 City Council meeting, the Council decided to select Fred Saunders of Saunders Sculpture Works, Inc., a Sand City artist and metal fabricator, to design and build the gate to the City’s Art Park. The Staff report from June 15th is attached to this report as Exhibit A.
The winning proposal was for a metal gate with decorative palettes (See Exhibit to June 15 staff report attached at Exh. A).
The RFP, and Council’s decision to move forward with the gate, was based on the assumption that the gate would cost the City $10,000. However, in subsequent conversations with Mr.
Saunders, the actual cost to build the gate is $25,000. Mr. Saunders is willing to build the gate for $10,000, but it would be without the decorative palettes. (See design at Exh. A. ) CEQA:
The replacement of the existing gate qualifies for a categorical exemption under California Environmental Quality Act (CEQA) guidelines section 15301 as it is minor alteration of a public structure involving no expansion of use.
38 Fiscal Impact:
The fiscal impact of Council’s decision depends upon how it elects to proceed. Some options are set forth below.
Recommendation:
In light of the cost increase for the art park gate, staff seeks direction from Council as to how it would like to proceed. Some suggestions for a way forward:
1. The Council could approve the increased cost and authorize the City Manager to execute a contract for the entire amount ($25,000). If so, Council would need to add $15,000 to the FY 22-23 budget ($10,000 has already been allocated in the FY 21-22 budget).
2. The Council could authorize the City Manager to enter into a contract for $10,000 with the understanding that the design would be more limited than that approved at its June 15, 2021 meeting – the gate would be without the decorative palettes, which could be added at a later date.
3. The Council could direct staff to issue a new RFP for an art park gate for $10,000, including asking the prior entrants to reapply.
39 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Aaron Blair, City Manager, Shelby Gorman, Administrative Assistant DATE: June 7, 2021 (Meeting date: June 15, 2021)
SUBJECT: Call for Art Park Gate Submissions.
______________________________________________________________________ Discussion:
In April of 2021 the City Council directed staff to move ahead with creating an outdoor Art Park at the property known as the Carroll Property. As part of that process a Call for Gate RFP, Exhibit A, was issued on April 20, 2021 to replace the entry gate along Contra Costa Street. The Call for proposals was posted on all the City’s social media channels (Facebook, Twitter, and Instagram), and on the City’s website. The deadline for submissions was May 7, 2021, at 11:59 PM.
Two (2) proposals (Exhibit B) were received:
• Fred Saunders – Sand City Artist/Metal Fabricator & Business owner • Taylor Hawthorne – Sand City Artist/Metal Fabricator & Business owner Both of the applicants met the criteria outlined in the RFP which includes; • Artistic merit of the design (Artistic excellence, creativity and originality of the project’s concept).
• Appropriateness of the design for the location, including the scale, content, color and design in relation to the site.
• Artist’s qualifications. (The aesthetic quality of the artist’s past work, including content, craftsmanship, uniqueness and relevance to its environment as well as the artist’s demonstrated ability to translate art concepts into durable and safe materials that can withstand long-term exposure in an outdoor environment) • Originality of the design. Designs that show a connection/relationship to Sand City is preferred, but not a requirement. Please avoid literal interpretive themes of historic or political nature.
The Selection Process
All submitted proposals were reviewed by City Staff to ensure completion of application. The top complete applications were to be reviewed by the Sand City Art Committee before being 40 forwarded to the City Council for final selection, but due to a conflict of interest with two members of the Art Committee a quorum could not be met.
CEQA: The action to procure artists for a gate replacement is not subject to CEQA (California Environmental Quality Act) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; per CEQA guideline section 15060(c)(2).
Furthermore, the replacement of a gate on existing structures qualifies for a categorical exemption per CEQA Guideline section 15301 as it a minor alteration of public and/or private structures involving no expansion of the use or structure.
Fiscal Impact:
The following funds have been budgeted in our FY 20/21 Budget Amendment #2; Art Park Improvements: $65,000. These funds will be used to improve the indoor and outdoor portion of the property. Funds would be needed for, but not limited to, installing adequate outdoor lighting, electric, a new gate, and other improvements needed to make this a safe space for community events.
Recommendation:
Staff recommends the City Council make the final selection based on the criteria outlined in the RFP.
41 Exhibit B
42 Fred Saunders
Local Sand City metal artist. Gate frame would be square tubular steel with 2” sq opening steel grid infill. Pallets Made of sheet steel with bracing, openings to represent paint would be colored plexiglass. The gates will run on V track and will be manually operated. Natural rust in color.
Design Submission:
Budget: Not to exceed $10,000
Contact Information: Fred Saunders [email protected] Examples of other relevant works:
43 Taylor Hawthorn
44 A local metal artist who has been working in Sand City for over a decade now. Attached are a few relevant gate projects that he designed and installed locally.
The design submitted for this project is intended to be made from corten steel, and the form will have multiple depths with negative space. It will have a natural rust patina that will complement the artistic intent of the park.
Design Submission(s)
45 Budget: Not to exceed $10,000
Contact Information: Taylor Hawthorne [email protected] Examples of other relevant works:
46 47
AGENDA ITEM
9C.
Consideration and Approval of City
RESOLUTION Adopting the Proposed City
Budget Amendment #1 for Fiscal Year
2021-2022
48 City of Sand City
STAFF REPORT
TO: CITY COUNCIL, CITY MANAGER
FROM: DEVON LAZZARINO, FINANCE/HR SPECIALIST
SUBJECT: PROPOSED FISCAL YEAR 2021-2022 BUDGET AMENDMENT #1 DATE: FEBRUARY 23, 2022
FOR: MARCH 1, 2022 COUNCIL MEETING
_______________________________________________________________________ Discussion: The Proposed Budget Amendment #1 for fiscal year 2021-2022 is based on a larger increase of projected sales tax revenues than expected. The City continues to recover nicely from pandemic related revenue losses. The enclosed Sales Tax Update from HdL shows that Sand City’s third quarter 2021 sales tax increased by 8.3% compared to third quarter 2020, and Measure J increased by 5.4% for the same time period.
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
Fiscal Impact: The increase in revenues for Budget Amendment #1 is $840,372 which reflects the HdL analysis for increased sales and transaction taxes, an increase in City business licenses (new businesses), Cal-Am’s one-time reimbursement of expenses for the new intake wells for the City’s desalination facility, and the DBO one-time Edgewater habitat endowment.
Because of the increase in revenues, staff has added capital outlay/projects for fiscal year 2021- 2022 that have been on the Council approved CIP list. These include 2 new vehicles for the Police Department (up from one in the adopted budget), a storage container unit for Police records, improvements to the Police Department lobby area, rehabilitation for the street sweeper purchased in 2020, a new dump truck for Public Works (ordered, but not yet received), completing the City Hall improvements (windows and electrical), completing the Art Park improvements(the new gate), the Pendergrass Way/Calabrese Park project, and the addition of $25,000 for partial expenses in FY 2021-2022 for the 2022 we.Mural festival (the remaining $55,000 would be in FY 2022-2023). It is our goal to have these items completed by June 30, 2022.
49 The increase in expenses for Budget Amendment #1 is $867,958, which reflects increases in the City’s liability premium (per MBASIA), employee cash outs, one new police hire to replace a retired officer, the reinstatement of City events (Xmas and BBQ), City projects (West Bay Observation Platform, Calabrese Park, Pendergrass Way, and the Art Park), an extra police vehicle, and street sweeper rehabilitation.
Recommendation: At the February 23rd Sand City Budget and Personnel Committee meeting, the Committee unanimously approved the recommendation to bring the Budget Amendment #1 to the City Council for consideration and approval.
50 CITY OF SAND CITY
RESOLUTION SC ___, 2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY ADOPTING THE PROPOSED CITY BUDGET AMENDMENT #1 FOR FISCAL YEAR 2021-2022
WHEREAS, the Budget Committee of the City Council has reviewed the Proposed Fiscal Year 2021-2022 Budget Amendment #1 and has considered the operational and capital improvement needs of the City for the rest of the fiscal year; and
WHEREAS, the Budget Committee, working with City staff, is recommending the proposed budget amendment #1, attached as Exhibit A, to the City; and
WHEREAS, the City Council of Sand City finds the Fiscal Year 2021-2022 Proposed Budget Amendment #1 satisfactory to commence the operations and capital programs of the City for the rest of the fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City that:
1. The attached Exhibit A is hereby adopted as the Proposed City Budget Amendment #1 for FY 2021-2022.
2. The City staff is authorized to continue City operations as generally prescribed in the FY 2021-2022 Proposed Budget Amendment #1 and is directed to follow the general financial guidelines outlined therein.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 1st, day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________________
Mary Ann Carbone, Mayor
ATTEST:
_________________________
Connie Horca, City Clerk
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EXHIBIT A
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73 AGENDA ITEM
9D.
Comments by Council Members on Items
of Interest to Sand City
74 AGENDA ITEM
9E.
Upcoming Meetings/Events
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