Agenda packet — Seaside City Council, April 6, 2023 (part 2 of 2)

Packet Page 175

CONTRACT AMENDMENT
Project Name: Fire Station Upgrades CA No. 5
Client Name: City of Seaside Project/Phase No. 1284-0017-00600 Attention: Nisha Patel Date: March 10, 2023
Address: 1635 Broadway Ave, Seaside, CA
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed June 17, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.

Description and Purpose of the Revision(s)
The City of Seaside (City) retained 101 Builders, Inc. (101 Builders) to construct upgrades to the subject site. The work included, among other things, the replacement of the fire station overhead rapid coiling doors (bay doors). 101 Builders retained subcontractors to furnish and install six replacement bay doors. This work was substantially completed on November 10, 2022 and the contractor should have achieved final completion by November 29, 2023 (i.e. within 10 working days of substantial completion). Prior to November 10, 2022, it was noted that the paint on all of the replacement bay doors was scuffed and needed repainting. Subsequently, it was also discovered that the paint was also failing. This was evidenced by missing paint in certain areas of the bay doors. The refinishing of the doors was added as Punch Item #12 on November 9, 2022 to be addressed prior to accepting the project. The City has requested that Wallace Group perform additional work to address the punch list items and oversee the proposed modifications to the bay doors to enhance the finish.

Wallace Group has forecasted the remaining work to complete the project and is requesting a budget amendment to allow for the following:
 Site Inspections – The project duration has been extended by several months due to problems with the overhead doors. The construction work was substantially completed on about November 10, 2022. Punch walks were performed on October 31, November 10, and December 1, 2022 with intermediate inspections and subsequent inspections performed on December 21, 2022 and February 15, 2023 by Wallace Group staff to observe the work being completed and quality of painted overhead doors. It is estimated that four (4) additional site inspections will occur for documenting the remaining punch list items. Budgeted time for performing each site inspection is estimated at four (4) hours which includes one hour of travel time, up to one hour of site time, and two hours of report preparation and documentation. In order to conserve budget, site inspections may not be performed on each day construction is being performed.

This would allow more site inspection hours on days during significant events, such as layout for painting the overhead doors.
 Coordination with Contractor – This CA assumes that three additional Construction Change Orders (CCOs) need to be negotiated.
 Project Coordination - Up to six (6) construction meetings may be needed to be conducted to project closeout. This estimate includes three (3) hours per construction meeting to be held via video conference including 2 hours preparation time and 1 hour for conducting and documenting the meeting. This CA also includes fifty (50) hours for discussions that may be needed to be conducted with the Contractor and the City for project closeout.  Project Close Out – Estimated that twenty six (26) total hours will be needed for gathering close out documentation for the project including reviewing final payment applications and project as-builts.

Exhibit A5
Packet Page 176
CA #5 1284-0017
City of Seaside
March 10, 2023

Page 2 of 2 ends

The additional work outlined above equates to one hundred ten (110) hours of additional staff time, or $27,189.00 (see attached estimated cost). Contract Amendment #4 was issued for $8,735.00 to cover some of the additional costs. This contract amendment is requesting $18,454.00 for the balance of the additional costs.

Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ (x) a change in Scope of Services ( ) progress billing: $ ( ) other: (x) not-to-exceed w/o authorization: $18,454.00 Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:

Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Packet Page 177
Wallace Group Team Resource Estimate for the
Seaside Fire Station Improvements CA #5 BUDGET SUMMARY PRINCIPAL PRINCIPAL ENGINEER DIRECTOR CONSTRUCTION INSPECTOR SR PROJECT ASSISTANT III SUB 1 - WRD SUB 2 - CCC&SE Misc. Direct Costs TOTAL LABOR HOURS TOTAL PHASE/TASK TASK DESCRIPTION HRS HRS HRS HRS HRS HRS HRS Cost HRS LABOR COST RATE $260 $240 $195 $180 $125 $ $
700 Post Construction 110 $367 110 $26,400 $26,767
SUB-TOTALS 110 $367 110 #REF! $26,767
WALLACE GROUP LABOR COSTS $26,400 $26,767
WALLACE GROUP DIRECT COSTS $367

SUBCONSULTANT DIRECT COSTS
DIRECT COSTS OVERHEAD @ 15% $55
TOTAL $27,189
Amount Reimbursed Under CA #4 $8,735
Balance Additional Cost for CA #5 $18,454
Task Budgets may fluctuate within Overall Budget
Fee Seaside Fire CA_5.xlsx Summary Page 1 3/10/2023
Packet Page 178

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION DECLARING THE CONSTRUCTION

WORK AN EMERGENCY AND APPROVING AN AGREEMENT FOR

CONTRACTOR SERVICES WITH PREMO ROOFING FOR THE
FIRE STATION NO. 1 REROOF PROJECT FOR AN AMOUNT NOT
TO EXCEED $103,280.00

RECOMMENDATION
Adopt a resolution:

1.Declaring the re-roof project as an emergency because it is necessary to prevent danger to life and property;

2.Approving an Agreement for Contractor Services with Premo Roofing for the Fire Station No 1 Reroof Project for an amount not to exceed $103,280.00;

3.Establishing a 20% contingency for a total project construction amount not to exceed $123,936.00; and

4. Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

BACKGROUND
Recent weather events have revealed that the roof of the fire station at 1635 Broadway Avenue is leaking in several locations, including over the offices, apparatus bay, and electrical and alarm room. Maintenance staff have taken action to install temporary protection measures on the roof to prevent water leaking to the extent possible, but a complete replacement of the existing roof over the office, apparatus bay, and shop area is required. These sections of the roof are past their estimated service life. The roof over the dormitory area was replaced more recently, and is still within its 30-year service life.

Packet Page 179

Item No. 8.G. Page 2 of 2
The method of replacement for the roof is remove the existing tar and gravel roofing system in the affected areas, and replace it with a new Class A fire rated roofing system. This new roofing system would be comprised of a 1/4" Dens Decking roof board installed over the roof substrate to maintain the Class A fire rating, followed by a white 60-mil PVC membrane. The membrane will also be installed on the interior side of the vertical parapet walls that border the roof areas.

At the request of Public Works staff, three companies submitted proposals to reroof the selected areas of the fire station. All three companies submitted proposals, of which all were deemed responsive. Premo Roofing submitted the lowest cost proposal. Staff recommends the City Council adopt a resolution approving an Agreement for Contractor Services with Premo Roofing for the Fire Station No. 1 Reroof Project and authorize the City Manager to execute the Agreement.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to an existing facility, and involves no expansion of use.

FISCAL IMPACT
The replacement of the fire station roof is one of the improvements planned for Fire Station No. 1, to be completed in the near future. These improvements are included in the Capital Improvement Program (CIP), and are included in Fire Station 1 Improvements Account, (No. 344-8910-9556). The anticipated total project budget, including construction and contingency for Premo Roofing's scope of work, amounts to $123,936.00.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 180
RESOLUTION NO. 23- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES WITH PREMO ROOFING FOR THE FIRE STATION NO 1 REROOF PROJECT AN AMOUNT NOT TO EXCEED $103,280.00, AND DECLARING THE CONSTRUCTION WORK AN EMERGENCY.

WHEREAS, Recent weather events have resulted in multiple interior leaks from the roof of Fire Station No. 1; and
WHEREAS, Public Works staff requested proposals from three companies to perform the emergency construction of the Fire Station reroof for the City; and WHEREAS, Premo Roofing submitted the lowest proposal, to perform the emergency roof repairs in the amount of $103,280.00; and
WHEREAS, the Public Works staff has determined that the proposed scope of work and budget are reasonable; and
WHEREAS, an amount of $20,656.00 contingency, approximately 20% of the contract value, should be authorized on an as required basis; and WHEREAS, Premo Roofing has successfully completed similar projects in the past; and
WHEREAS, there are sufficient current funds in the CIP Fire Station 1 Project for the FY 2022/2023 budget; and
WHEREAS, Public Works must make preventative and reactive replacement of the damaged roofing system; and
WHEREAS, the project is categorically exempt per Section 15061 of CEQA because the project involves the repair and performance of minor upgrades to existing facilities.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with Premo Roofing for an amount not-to-exceed $103,280.00; and
Packet Page 181
BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 20% contingency for written amendments, extensions, and change orders to the Agreement for Construction Services such that the full value may not exceed $123,936.00; and
BE IT FURTHER RESOLVED, the City Council of the City of Seaside finds the construction work is an emergency because it is necessary to avoid danger to life and property.

PASSED AND ADOPTED at a special meeting of the City Council duly held on the 6th day of April 2023, by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:

ABSTAIN: Council members:

APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
____________________________________
Dominique Davis, City Clerk
Packet Page 182
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 1 COS Contractor Services

CITY OF SEASIDE

AGREEMENT FOR CONTRACTOR SERVICES
FIRE STATION NO 1 RE-ROOF
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of ___________, 2023, between the City of Seaside, a municipal corporation ("City") and Premo Roofing Company, Inc., a corporation, ("Contractor") whose current and valid Contractor’s License #436765, as duly issued by the California Department of Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on April 6, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A. Exhibit A may include any Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards.
c) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

Packet Page 183
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 2 COS Contractor Services
d) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. f) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein.
g) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.

Contractor further agrees to comply with all laws with respect to employment when performing this Agreement.
h) Contractor 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. To insure performance, Contractor and any sub-contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the contract.
i) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Seaside in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Seaside will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, 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 City to any and all remedies at law or in equity.

5. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of City's Request for Proposal, Exhibit A hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit B hereto. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Contractor's proposals.

Packet Page 184
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 3 COS Contractor Services

6. CITY MANAGEMENT
City Engineer/Public Works Services Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager, shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

7. PAYMENT
(a) City agrees to pay Contractor monthly, 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 ONE HUNDRED AND THREE THOUSAND, TWO HUNDRED AND EIGHTY DOLLARS ($103,280.00) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) The City Manager's contract authority is limited to a total threshold of $24,999.00 which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. (c) Contractor 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. 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 Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

7. INSPECTION
City shall at all times have the right to inspect the work and materials. Contractor shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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.

Packet Page 185
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 4 COS Contractor Services
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5(c).

10. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

11. OWNERSHIP OF DOCUMENTS
(a) Contractor 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. Contractor 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. Contractor 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 at 11520 Commercial Pkwy, Castroville, California; shall permit City to make copies and transcripts there from 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 at the City of Seaside City Hall for a minimum period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary Packet Page 186
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 5 COS Contractor Services
computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

12. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub - contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Packet Page 187
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 6 COS Contractor Services

13. WARRANTIES
Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

14. INSURANCE
Contractor 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.

15. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. (c) Any and all employees or sub-contractors of Contractor under this Agreement, while engaged in the performance of any work or services required by Contractor under this Agreement, shall be considered employees or sub-contractors of Contractor only and not of city. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

16. PREVAILING WAGE
Packet Page 188
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 7 COS Contractor Services
The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/.

Changes, if any, to the general prevailing wage rates will be available at the same location.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). Records shall be made available to the City upon request for inspection or for copies thereof. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

17. 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.

18. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

Packet Page 189
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 8 COS Contractor Services
If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.) Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Contractor’s and/or such other person’s financial interests.

19. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

20. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-contractors, 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 Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City.

City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor.

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.

21. 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 Seaside__________
__440 Harcourt Ave________
Packet Page 190
FIRE STATION NO 1 RE-ROOF
Rev. 1/18 Page 9 COS Contractor Services
__Seaside, CA 93955_______
Attention: City Clerk
To Contractor: Premo Roofing Company____
11520 Commercial Pkwy____
Castroville, CA 95012_______

22. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

23. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

24. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City.

Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

25. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case, and such fee shall be included in the judgment together with all costs.

26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

27. ENTIRE AGREEMENT
Packet Page 191
Packet Page 192
FIRE STATION NO 1 RE-ROOF Exhibit A

EXHIBIT A

SCOPE OF WORK
The scope of work for the Fire Station No 1 Re-Roof Project is as follows, for the apparatus roof, shop roof, and office roof:
• Remove existing tar and gravel roof system. Contractor to dispose of all related materials. • Procure and Install Class A fire rated roof system, with 60 mil PVC membrane, white. • Optional: Extend 60 mil PVC membrane to cover the inside of the parapet walls.

Packet Page 193
Office: (831) 443-3605 • premoroofing.com
11520 Commercial Pkwy. Castroville, CA 95012 • Est. 1983 • Lice # 436765

PROPOSAL AND CONTRACT

January 18, 2023
NAME: Seaside Fire Station
ADDRESS: 1635 Broadway Avenue, Seaside, CA 93955
JOB ADDRESS: Same
The undersigned agrees to furnish and provide necessary labor, materials, tools, implements and appliances to do, perform and complete in a good workmanlike manner the following:

Re-Roof 60 Mil IB PVC
Preparation:

1. Provide re-roofing permit and facilitate required inspections.

2. Cover and protect outside perimeter of building as needed from reroofing activities.

3. Prep existing tar and gravel roof system for overlay cleaning the roof of all loose foliage and debris.

4. Clean around the base of existing roof equipment and counter flashing as needed to receive new PVC roof system.

Re-Roof:

1. Install new ½” Fan-Fold EPS insulation over the entire roof area as a separation layer between existing tar and gravel roof system and new PVC roof system.

2. Re-roof over new Fan-Fold with 60 Mil (white) PVC Single Ply Membrane fastened to underlying roof deck with 1 ½” screws and 2” barbed steel seam plates.

3. Apply new 60 Mil IB PVC membrane over all inside vertical walls and secure behind existing metal saw cut counter flashing.

4. Hot air weld new membrane at all overlapping field seams with automatic hot air welder.

5. Heat-weld all overlapping vertical wall seams and bottom edge of wall sheet to field membrane.

6. Install new PVC pipe and vent boot flashings around existing metal vent pipe flashing penetrations and heat weld to new PVC membrane, securing leading edge with new metal clamp and polyurethane sealant.

7. Incorporate existing roof mounted duct penetrations, unit curbs, attic vents, and all other roof mounted equipment into the new PVC roof system.

8. Provide and install all remaining PVC membrane components which include pre-molded inside and outside corners, termination bar, caulking and sealants as needed to apply new roof system according to the manufacturer’s recommendations.

Completion and Clean Up:

1. Remove tarps and protective coverings.

2. Clean grounds for any loose debris generated during re-roof project around perimeter building.

3. Clean up and haul away all roofing debris from site.

Additional Details:

1. Existing metal counter flashing figured to be re-used.

2. Clean and incorporate four existing cast iron drains into new PVC roof system.

3. Incorporate existing wall mounted furnace into new PVC roof system.

4. Covering over stucco parapet walls with 60 Mil. PVC is recommended.

Packet Page 194

5. Prevailing wages are figured in proposal price.

6. Bid price is to overlay existing Apparatus Bay tar and gravel roof with new 60 Mil. IB PVC totaling approximately 3,500 square feet of roof area and 360 square feet of vertical walls.

7. New roof carries a 10-year workmanship and 20-year manufacturer’s warranties.

All the above is to be completed for the sum of: $36,570.00 Thirty-Six Thousand Five Hundred Seventy and NO/100
Exclusions: Dry rot and termite damage repairs, additional sloping of existing roof deck or building up of any low spots or sagging areas, removing of any obsolete or abandoned roof equipment, replacing of HVAC units, refrigeration units, flex connectors, equipment components, supply lines or any other existing roof mounted equipment, repairs or replacement of any electrical conduits and supply lines, electrical work or repairs, new insulation, solar considerations, re-sealing of ducts, attic space venting, repairs of any structural imperfections discovered upon removal of old roof system such as deflection in roof framing or unevenness in roof deck, access limitations, painting, and any additional labor or materials not outlined in the above Proposal & Contract.

Options and Additional Costs:

Apparatus Roof

1. The bid price to remove existing tar and gravel roof system and install new ¼” Dens Decking to maintain Class A fire rating and install new PVC roof system: $42,980.00

2. The bid price to cover inside of vertical stucco parapet walls with new 60 Mil. IB PVC: $16,480.00 Office Roof

1. The bid price to overlay existing tar and gravel roof as outlined in proposal above: $11,950.00

2. The bid price to remove existing tar and gravel roof system and install new ¼” Dens Decking to maintain Class A fire rating and install new PVC roof system: $16,790.00

3. The bid price to cover inside of vertical stucco parapet walls with new 60 Mil. IB PVC: $14,870.00 Shop Roof:

1. The bid price to overlay existing tar and gravel roof as outlined in proposal above: $9,540.00

2. The bid price to remove existing tar and gravel roof system and install new ¼” Dens Decking to maintain Class A fire rating and install new PVC roof system: $10,670.00

3. The bid price to cover inside of vertical stucco parapet walls with new 60 Mil. IB PVC: $1,490.00

ADDITIONAL TERMS, CONDITIONS AND NOTICES THAT YOU, THE OWNER OR SIGNATORY PARTY FOR OWNER ARE SUBJECT TO:
• In the event that it becomes necessary to institute suit or to employ an attorney in connection with any dispute arising under the terms and conditions of this contract, the prevailing party shall be entitled to recover all court costs and reasonable attorney’s fees in addition to all damages proven. • If terms and conditions of Proposal & Contract are accepted, the owner of the property is required to sign below indicating acceptance of Proposal & Contract. If an agent or someone other than the owner signs for approval on the owners behalf, a Preliminary Lien Notice will be filed and sent to owner of property (See Mechanic’s Lien Law information shown below).
• In the event you cancel the signed contract, after work has started, or materials ordered, a 10% cancellation fee of the bid proposal amount shall be charged in addition to any incurred costs, permit fees, or accrued overhead expenses.
• The terms of payment shall be: In full upon completion of work. • This proposal is void if not accepted within 30 days. • “Under the Mechanic’s Lien Law (California Code of Civil Procedure, Section 1181 ET SEQ.), any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work Packet Page 195
or supplies, has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid”.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board. Any questions concerning a contractor may be referred to the Contractor’s State License Board, 1020 N. Street, Sacramento, California 95814.

Respectfully Submitted,
By Jeremy Premo
Jeremy Premo
Premo Roofing Company
CA License #436765

ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which I/we agree to pay the amount mentioned in the said proposal and in accordance with the terms thereof.

ACCEPTED AND AUTHORIZED BY
Date_____________________ Signed __________________________________ Date_____________________ Signed __________________________________ Packet Page 196
FIRE STATION NO 1 RE-ROOF Exhibit C

EXHIBIT C

INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of AGENCY, and prior to commencement of Work, CONTRACTOR 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 AGENCY.

General liability insurance. CONTRACTOR 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, and a $2,000,000 completed operations aggregate. 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. CONTRACTOR 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 CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for Packet Page 197
FIRE STATION NO 1 RE-ROOF Exhibit C
any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [Optional depending on limits required] CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance 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:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable 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.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to AGENCY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Builder’s risk insurance. Upon commencement of construction and with approval of AGENCY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the AGENCY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

Packet Page 198
FIRE STATION NO 1 RE-ROOF Exhibit C
The named insureds shall be CONTRACTOR and AGENCY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to AGENCY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the AGENCY. The AGENCY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to AGENCY 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 AGENCY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR 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 CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AGENCY Packet Page 199
FIRE STATION NO 1 RE-ROOF Exhibit C
and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by AGENCY 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 AGENCY before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The AGENCY, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR or AGENCY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, AGENCY 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the AGENCY’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Packet Page 200
FIRE STATION NO 1 RE-ROOF Exhibit C
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

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 CONTRACTOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to AGENCY 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 AGENCY and its officers, officials, employees, 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 AGENCY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’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.

Pass through clause. CONTRACTOR 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 CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR 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.

Packet Page 201
FIRE STATION NO 1 RE-ROOF Exhibit C
CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency’s right to revise requirements. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY 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 AGENCY.

Timely notice of claims. CONTRACTOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR 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.

Packet Page 202

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH SCHAAF & WHEELER FOR

PREPARATION OF A STORM DRAIN MASTER PLAN FOR AN
AMOUNT NOT TO EXCEED $193,000.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional service agreement with Schaaf & Wheeler for preparation of a Storm Drain Master Plan for an amount not to exceed $193,000.00.

BACKGROUND
The City of Seaside has three interconnected storm drain systems: the City’s system, the Presidio of Monterey Annex and California State University Monterey Bay. The City last updated the Storm Drain Master Plan in 2014. That plan developed a capital improvement project list for the City’s system based upon input provided by City staff and as needed to comply with the State General Permit for Small Municipal Separate Storm Sewer Systems (MS4). That study did not include a stormwater model to assess system capacity.

In December 2022, staff requested a proposal from Schaaf & Wheeler to develop a new Storm Drain Master Plan for the City’s storm drain system. On March 9, 2023, Schaaf & Wheeler provided a proposal to develop the City Storm Drain Master Plan in the amount not to exceed $193,000.00. The services in the proposal include: inventory and video inspect existing storm drain pipes; develop watershed hydrology and model the existing system; identify system deficiencies and alternatives; update the stormwater capital improvement program with project descriptions and cost estimates; and preparation of a final plan report including presentation to the City Council. Schaaf & Wheeler estimates it will take 18 months to complete the storm drain master plan. Staff Packet Page 203

Item No. 8.H. Page 2 of 2
reviewed the scope of work and fee in the proposal and found it acceptable.

Staff recommends adopting a resolution authorizing the City Manager to execute a Professional Services Agreement with Schaaf & Wheeler for an amount not to exceed $193,000.00 to prepare a Stormwater Master Plan for the City of Seaside.

FISCAL IMPACT
The Professional Services Agreement for Schaaf & Wheeler to prepare a Storm Drain Master Plan is for a not to exceed amount of $193,000.00. A 10% contingency adds $19,300.00 for a total of $212,300.00. The adopted fiscal year 2022/2023 budget for the Storm Drain Master Plan Update is $350,000.00, which is sufficient to cover this PSA.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 204
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF &

WHEELER TO PREPARE A STORM DRAIN MASTER PLAN FOR AN AMOUNT NOT TO EXCEED $193,000.00
WHEREAS, the Storm Drain Master Plan (Project) is adopted in the fiscal year 2022/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, Schaaf and Wheeler is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and WHEREAS, Staff requested a proposal from Schaaf and Wheeler to prepare a Storm Drain Master Plan for the City’s stormwater collection system; and WHEREAS, on March 9, 2023, Schaaf and Wheeler provided a proposal to develop the Storm Drain Master Plan in the amount not to exceed $193,000.00; and WHEREAS, Schaaf and Wheeler has prepared storm drain master plans for numerous other agencies in the Bay Area; and
WHEREAS, to complete the stormwater master plan, Schaaf and Wheeler will:
inventory and video inspect existing storm drain pipes; develop watershed hydrology and model the existing system; identify system deficiencies and alternatives; update the storm drain capital improvements program with project descriptions and cost estimates; and preparation of a final plan report including presentation to the City Council; and WHEREAS, Staff reviewed the scope of work and fee in the proposal, and finds it acceptable; and
WHEREAS, an amount of $19,300.00 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, the adopted fiscal year 2022/23 budget for the Stormwater Master Plan Account (No. 401-8910-9967) is $350,000.00; and
WHEREAS, there are sufficient funds in the Stormwater Master Plan Account to fund the preparation of storm drain master plan by Schaaf and Wheeler; and Packet Page 205
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Schaaf and Wheeler to prepare a Storm Drain Master Plan for an amount not to exceed $193,000.00 and written amendments such that the total agreement does not exceed $212,300.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of April 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 206

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

STORM DRAIN MASTER PLAN
THIS AGREEMENT, is made and effective _________________, 2023, between the City of Seaside, a municipal corporation ("Agency") and SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than JUNE 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. 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.

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
Packet Page 207

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 2 COS Design PSA
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, 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 ONE HUNDRED AND NINETY THREE THOUSAND DOLLARS
($193,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(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 Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(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. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
Packet Page 208

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 3 COS Design PSA
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency 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 Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts 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.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

Packet Page 209

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 4 COS Design PSA

Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

Packet Page 210

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 5 COS Design PSA

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. 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 Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, 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, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. 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 Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency 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 Packet Page 211

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 6 COS Design PSA
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.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, 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.

15. 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 Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency 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 Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency 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, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 7 COS Design PSA
(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 Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___SCHAAF & WHEELER______
3 QUAL RUN CIRCLE, SUITE 100
____SALINAS, CA 93907______

SCHAAF, P.E may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of DANIEL J. SCHAAF, P.E from Consultant's employ. Should he/she leave Consultant's employ, the Agency 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 the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

Packet Page 213

STORM DRAIN MASTER PLAN
Rev. 1/18 Page 8 COS Design PSA

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

20. 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, 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.

21. WORK SCHEDULED/TIME OF COMPLETION
Consultant shall complete the outlined scope of work in a timely manner within the time frame per “Section 1. Term” of this contract.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

23. 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.

Packet Page 214
Packet Page 215

SEWER SYSTEM MASTER PLAN EXHIBIT A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
Packet Page 216
Santa Clara ● San Francisco ● Santa Rosa ● Salinas
March 9, 2023
City of Seaside, Public Works Department
Attn: Ms. Nisha Patel, PE
440 Harcourt Avenue
Seaside, CA 93955
Subject: Proposal to Prepare a Storm Drain Master Plan
Dear Nisha:

Schaaf & Wheeler is pleased to propose engineering services for the City of Seaside Storm Drain Master Plan. The City of Seaside covers approximately nine square miles, with about half of that developed lands with existing storm drainage systems. The systems range in age from 10 to 75 years old. The City would like the system analyzed to address current performance and to identify needed capital replacements. Two portions of the City are managed by other entities: Presidio of Monterey Annex and California State University, Monterey Bay. Those systems only need to be assessed where they interconnect with the City-maintained storm drain system.

Our detailed scope of work and fee estimate are attached. Our project manager will be Daniel Schaaf, PE, who recently completed the City of Carmel’s Storm Drain master Plan. The work would proceed in two phases. The first phase is data collection, field investigation and mapping. Once the system mapping is complete, the modeling and analysis phase will begin. We anticipate the overall effort taking approximately 12-months. Our estimated not-to-exceed fee total is $193,000.

We thank you for this opportunity to propose services for the City of Seaside Storm Drain Mater Plan. Should you need any further information, please contact me at (831) 883-4848 or [email protected].

Sincerely,
Schaaf & Wheeler
Andrew A. Sterbenz, PE
Vice President
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
3 Quail Run Circle, Suite 101
Salinas, CA 93907
831-883-4848

EXHIBIT A
Packet Page 217
City of Seaside Page 1 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan

EXHIBIT A

SCOPE OF SERVICES
Basic services will consist of developing a comprehensive Storm Drain Master Plan (SDMP) for the City of Seaside minus the Presidio of Monterey Annex and CSUMB. The required scope of services is described in more detail below.

Task 1 - Data Collection
The Schaaf & Wheeler team shall familiarize themselves with existing resource documents that contain information relating to this project and the City’s policies regarding storm water facilities.

Task 1.1 – Kick-Off Meeting
Schaaf & Wheeler attend a kick off meeting with City staff to discuss project goals, expectations, schedule and other items. This meeting will be held at City offices or via teleconference. Schaaf & Wheeler will prepare meeting agenda, action item list and meeting minutes.

Task 1.2 - Review and Compile Existing Watershed and Drainage Facility Data Schaaf & Wheeler will provide services to research, collect and review existing background data. Data sources include:
• Existing City/County GIS drainage and watershed maps
• Soils data (more specifically for soil types associated with percolation and infiltration)
• "As-built" construction drawings for the local storm drain facilities (where available) • Existing Drainage Studies
• Regional Stormwater Resource Plan
• FEMA Floodplain mapping
• Ownership data (as needed)
• Land use data
• Topography (County LIDAR data will be made available) Identify data gaps in the City’s GIS database.

Deliverables: A list of data collected and reviewed. Electronic data will be shared with the City.

Task 2 - Existing Facilities Field Survey and Inventory Task 2.1 - Facility Inventory
Packet Page 218
City of Seaside Page 2 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan
Schaaf & Wheeler will incorporate data collected under Task 1.2 into the project GIS. Schaaf & Wheeler will field located all readily accessible public storm drainage facilities within city limits. Each element will be field located and updated into a geodatabase using Survey123 or similar GIS platform. Attributes collected for each pipe/conduit element will include material, size, depth, and condition. A topside condition assessment will be conducted using a pole-mounted GoPro camera. Schaaf & Wheeler estimates 12 field days to collect all data. Although horizontal and vertical data will be collected this should not be considered a survey of the system.

Schaaf & Wheeler will compile the existing data with field data to create an updated storm drain system geodata. Data will be stored in ArcGIS Shapefile format. One file (layer) will include links which will be comprised of ditches, channels, pipes, culverts, and other linear elements. The other file (layer) will be node which will be comprised of inlets, catch basins, manholes, weirs, basins, outfalls, and other point data.

Task 2.2 – Condition Assessment
Using the CCTV and pole-mounted camera data Schaaf & Wheeler will rate each drainage element using the NASSCO ranking system. Locations with considerable sediment or damages will be identified along with improvement recommendations.

Schaaf & Wheeler will subcontract with Presidio Systems, Inc. to televise the majority of the City’s public drainage networks, pipes and culverts larger than 12-inches, within the City.

We are budgeting for ten (10) days of inspection and estimate 17,000 linear-feet of pipe will be inspected. Presidio Systems will not be taking field measurements. Beach/ocean outfalls will be inspected by a NASCO certified engineer from Schaaf & Wheeler. All safety gear and confined space entry expenses are included in this scope and fee.

Data will be collected in POSM format and linked to the GIS data. Locations with blockages or severe sedimentation will be cleaned as directed by City staff.

Task 2.3- Acquire and Review Outside Data
Schaaf & Wheeler will work with the City to identify and gather the necessary information and outside data that will assist in the completion of the Storm Drain Master Plan. Data that is anticipated to be collected by the Schaaf & Wheeler team may include Caltrans storm water facility data (where necessary), FEMA Flood Insurance Rate Map (FIRM) data, stream stability studies, as well as ocean conditions.

Deliverables: A list of data collected under Task 2.1 to 2.3. Electronic data will be shared with the City.

Task 3 - Watershed Hydrology Development
Packet Page 219
City of Seaside Page 3 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan
Task 3.1 - Delineate Existing Watershed Characteristics Schaaf & Wheeler will review and validate any available existing drainage delineations prepared by others. Schaaf & Wheeler is not budgeting to re-delineate watershed subareas.

The watershed map will be utilized to determine the average characteristic parameters associated with each watershed subarea necessary for the application of hydrologic analysis.

Schaaf & Wheeler will obtain and review available data for parameter estimation in the precipitation-runoff model including infiltration, vegetation cover, impervious cover, hydrologic soils data, slopes, and watershed hydraulic efficiency.

Task 3.2 – Model Selection and Hydrologic Methodology Development Schaaf & Wheeler will work with the City to determine the appropriate modeling software for this project. If necessary, a model matrix will be developed to assist in the decision making process. Once the model is selected, Schaaf & Wheeler will work with the City to determine the appropriate hydrologic methodology for this study. Schaaf & Wheeler is budgeting for one (1) storm frequency for CIP design and one additional frequency to help determine risk. The City will determine the appropriate events.

Deliverables: Schaaf & Wheeler will provide an updated watershed map and the parameter calculation summary tables for review. The City will review this map and provide comments back to the Schaaf & Wheeler within five business days.

Task 4 - Drainage System Hydraulic Modeling/Alternatives Analysis Task 4.1 - Existing Municipal Storm Drain - Hydraulic Model Preparation Schaaf & Wheeler will perform a hydraulic analysis of the conveyance capacity of the existing City main line (“backbone”) storm drain pipe system, including channels and culverts (where appropriate). The hydraulic analysis will be based upon evaluation of the hydraulic grade line in comparison with existing grade. The hydraulic model developed as part of this task will provide the baseline model to identify system deficiencies and to develop improvement recommendations and alternatives. Isolated private facilities outside of the public right-of-way and pipes smaller than 12-inches will not be analyzed. Private pipes and channels that connect to City owned networks will be included in the model.

Peak water level data and hydraulic information will be summarized in tabular and map format. Suspected underground streams will not be modeled but will be included in the overall analysis and recommendations.

Task 4.2 - Deficiency Removal and Alternatives Formulation /Feasibility Analysis Schaaf & Wheeler will develop preliminary alternatives to mitigate hydraulic deficiencies within the existing main line storm drain system. The conceptual alternatives will focus on increasing the hydraulic capacity of a system through enlarging drainage facilities, installing new parallel systems adjacent to existing facilities, or constructing a diversion system (when directed to do so by the City). The proposed increased pipe sizing will be based upon water Packet Page 220
City of Seaside Page 4 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan
surface profile hydraulic calculations for the design flow rates. Preliminary horizontal and vertical alignments will be developed for the recommended facilities. The lengths and elevation data will be used for detailed hydraulic analysis and cost estimating purposes.

The sizing of the proposed modifications to the existing storm drain system will be adjusted using the water surface profile model to optimize the performance of the system and identify impacts and benefits associated with a recommended project. Projects with potential for green infrastructure will be identified; however, our report will not constitute a Green Infrastructure Plan.

Deliverables: Schaaf & Wheeler will provide maps and hydraulic summary tables for the storm drain systems determined to be insufficient to handle the design storm flows. The maps will highlight insufficient systems for ease of review. Additionally, Schaaf & Wheeler will provide maps of proposed improvements and preliminary summaries of proposed material quantities necessary to correct any hydraulic deficiencies. The City will require approximately 2 weeks to review the data, depending upon the number of deficient drainage systems.

Task 5 - Capital Improvement Plan Development
Task 5.1 - Identification of Recommended Improvements
The City’s Capital Improvement Program (CIP) may utilize and incorporate the recommendations of the capacity analysis (Task 4.2) into future project planning. Schaaf & Wheeler will formulate and recommend alternatives for the repair, rehabilitation, and improvements to the storm drainage system (including channels) that will satisfy the established objectives. Consideration will be given to the level of deficiency in system’s hydraulic capacity. Schaaf & Wheeler will identify necessary upgrades to the drainage system. The CIP will also identify projects with the potential for green infrastructure, trash capture and other NPDES and regulatory benefits.

Task 5.2 - Implementation Program
Provide engineering services to prioritize improvement projects identified in Task 5.1.

Schaaf & Wheeler will develop the criteria for prioritizing system improvements. A listing of recommended improvements and their priority will be presented to the City for review.

The recommended improvements will incorporate a phased approach based upon risk characterization, potential impacts, and prioritization. Priorities shall consider changes in overall system flow rates to ensure improvements do not result in new problems.

Task 5.3 - Preliminary Drainage Facilities Quantity and Construction Cost Estimate Preliminary, planning level, construction quantity estimates will be prepared for the recommended drainage improvements. Major project tasks will be included in the estimate such as:

Packet Page 221
City of Seaside Page 5 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan
1) Land acquisition
2) Street paving and traffic control
3) Utility relocation or protection (where potential conflicts are anticipated) 4) Design Fee
5) Construction Contingencies
A preliminary estimated cost of construction will be generated from the quantity estimate using approved unit costs from the City. Unit costs will be based upon the most current cost information for recent similar projects in the area.

Deliverables: Schaaf & Wheeler will provide to the City a preliminary list of projects based on priority. Each item on the list will be accompanied by an estimated cost to construct the project, as well as the anticipated material quantities. The City will review the list and will provide comments to the Schaaf & Wheeler within 2 weeks of submission of the material for review.

Task 6 – Storm Drainage Master Plan Document
Task 6.1 - Draft Storm Drain Master Plan
Schaaf & Wheeler will prepare a draft of the new Storm Drain Master Plan that supports the assessments, analyses and recommended drainage facilities. The documentation will summarize project data, methodologies, hydrology and hydraulic analysis for the existing system, condition assessment, priority list of proposed improvement projects, hydraulic analysis of proposed improvements, and construction costs for proposed improvements projects. A section on financial planning will be include to outline potential funding sources and mechanism for the CIP.

Task 6.2 - Final Storm Drain Master Plan
A final report will be prepared which incorporates comments and modifications from the draft review by the City. The written report will serve as the technical documentation for the City’s Capital Improvement Program to aid in preliminary engineering design and selection of the recommended drainage system improvements.

Task 7 - Administration and Project Management
Task 7.1 - Project Management, Billings, Meetings and Coordination Schaaf & Wheeler will conduct project management activities to ensure adherence to schedule and budget, as well as documentation of communication with the City.

Coordinate and attend project meetings with City staff such as progress meetings, submittal reviews, and as needed to review technical issues. Schaaf & Wheeler will facilitate monthly progress meetings (likely via phone) and prepare agendas and minutes.

Packet Page 222
City of Seaside Page 6 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan
Task 7.2 - QA/QC
Schaaf & Wheeler will perform continual QA/QC as part of the standard project management. The QA/QC includes frequent progress checks and reviews as the project progresses. For the storm drain master plan, QA/QC would occur during all tasks involving calculations or deliverable products.

Assumptions
The following summarizes study assumptions and criteria:

The minimum pipe size for the City’s main storm drainage pipeline analysis is 12- inches.

The minimum proposed pipe size for recommended improvements will be 15-inches.

Proposed improvements should not be conflicting with the stormwater quality requirements (trash capture and BMP/LID) or impact existing habitats.

Packet Page 223
City of Seaside Page 7 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan

EXHIBIT C
This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services.

TASK # TASK DESCRIPTION DURATION
1 Data Collection 3 weeks after Notice to
Proceed for this Task
2 Existing Facilities Field Survey and Inventory 8 weeks after Notice to Proceed for this Task
3 Watershed Hydrology Development 12 weeks after Notice to Proceed for this Task
4 Drainage System Hydraulic Modeling/Alternatives
Analysis
18 weeks after Notice to
Proceed for this Task
5 Capital Improvement Plan Development 24 weeks after Notice to Proceed for this Task
6 Storm Drainage Master Plan Document 30 weeks after Notice to Proceed for this Task
7 Administration and Project Management 30 weeks after Notice to Proceed for this Task
Packet Page 224
City of Seaside Page 8 of 8
Schaaf & Wheeler Consulting Civil Engineers
Storm Drain Master Plan

EXHIBIT B
Reimbursable Expenses. Eligible reimbursable expenses shall be billed to the City at actual cost with a 10% markup.

Billing Requirements. This scope and fee is an estimate for each task. Some tasks will take more effort and some less. Schaaf & Wheeler will not invoice the City for more than the not-toexceed amount of $193,000 without written approval. Project Manager Associate Engineer Assistant Engineer GIS Analyst Task # Tasks Hourly Rate $275 $210 $195 $175
Task 1 Data Collection and Analysis 2 2 6 4 $ 2,840 $ - $ 2,840

1.1 Kick-Off Meeting 2 2 $ 970 $ 970

1.2 Review & Compile Existing Watershed & Drainage Facility Data 6 4 $ 1,870 $ 1,870 Task 2 Existing Facilities Field Survey and Inventory 8 28 96 100 $ 44,300 $33,000 $ 77,300

2.1 Facility Inventory 4 12 64 64 $ 27,300 $ 27,300

2.2 Condition Assessment 4 12 32 32 $ 15,460 $33,000 $ 48,460

2.3 Acquire Outside Data 4 4 $ 1,540 $ 1,540
Task 3 Watershed Hydrology Development 4 4 16 8 $ 6,460 $ - $ 550

3.1 QA/QC Available Data and Delineate Existing Watershed Characteristics 2 4 16 8 $ 5,910 $ 5,910

3.2 Model Selection and Hydrologic Methodology Development 2 $ 550 $ 550 Task 4 Drainage System Hydraulic Modeling/Alternatives Analysis 8 72 120 52 $ 49,820 $ - $ 49,820

4.1 Existing Municipal Storm Drain - Hydraulic Model Preparation 4 40 80 16 $ 27,900 $ 27,900

4.2 Deficiency Removal and Alternatives Formulation /Feasibility Analysis 4 32 40 36 $ 21,920 $ 21,920 Task 5 Capital Improvement Plan Development 14 80 16 0 $ 23,770 $ - $ 23,770

5.1 Identification of Recommended Improvements 8 32 8 $ 10,480 $ 10,480

5.2 Implementation Program 4 24 4 $ 6,920 $ 6,920

5.3 Preliminary Drainage Facilities Quantity and Construction Cost Estimate 2 24 4 $ 6,370 $ 6,370 Task 6 Storm Drain Master Plan Development 14 54 24 16 $ 22,670 $ - $ 22,670

6.1 Draft SDMP 8 32 12 4 $ 11,960 $ 11,960

6.2 Final SDMP 4 20 12 4 $ 8,340 $ 8,340

6.3 Final Drainage Exhibits/Maps 2 2 8 $ 2,370 $ 2,370
Task 7 Administration and Project Management 48 8 0 0 $ 14,880 $ - $ 14,880

7.1 Project Management, Billings, Meetings and Coordination 32 8 $ 10,480 $ 10,480

7.2 QA/QC* 16 $ 4,400 $ 4,400
Direct Project Expenses $ 560 $ 560
TOTAL 98 248 278 180 $ 165,300 $33,000 $192,390
* Some time for QA/QC is included in Project Manager time for other tasks Total City of Seaside
Public Works Department
Storm Drain Master Plan Update
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
Date: March 8, 2023
Schedule of Hours and Rates by Task
Schaaf & Wheeler S&W Subtotal Sub Consultants
Packet Page 225

SEWER SYSTEM MASTER PLAN EXHIBIT B

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, 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 Agency.

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 three (3) years after completion of the services required by this Agreement.

Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

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 Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

Packet Page 226

SEWER SYSTEM MASTER PLAN EXHIBIT B
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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:
• 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 Agency 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 Agency’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency 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 Agency 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 Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Packet Page 227

SEWER SYSTEM MASTER PLAN EXHIBIT B
Agency’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, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency 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 Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, 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 Agency, 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 Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency 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 Agency 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 Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Agency 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.

Packet Page 228

SEWER SYSTEM MASTER PLAN EXHIBIT B
Additional insured status. General liability policies shall provide or be endorsed to provide that Agency 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.

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.

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 Agency for review.

Agency’s right to revise specifications. The Agency 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 Agency and Consultant may renegotiate Consultant’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency 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 Agency.

Timely notice of claims. Consultant shall give Agency 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.

Packet Page 229
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 General Provisions ................................................................................................................................................. 4 Non-Discrimination & Non-Preferential Treatment ............................................................................................. 6 Grounds for Disqualification............................................................................................................................... 6 Records and Financial Data ................................................................................................................................ 6 Introduction
The City of Seaside (City) seeks Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

EXHIBIT C
Packet Page 230
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.

5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.

6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022

EXHIBIT C
Packet Page 231
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.

PRELIMINARY SCOPE OF SERVICES
Consultant is required to provide engineering design and professional services for various projects to be implemented throughout the City. The scope of work under this contract may include but not be limited to the following:

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report

EXHIBIT C
Packet Page 232
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.

General Provisions

1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the

EXHIBIT C
Packet Page 233
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.

5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.

6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.

7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.

8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).

9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

EXHIBIT C
Packet Page 234
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Non-Discrimination & Non-Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.

Generally, the grounds for disqualification include:

1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.

EXHIBIT C
Packet Page 235
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.

EXHIBIT C
Packet Page 236

EXHIBIT C
Packet Page 237

EXHIBIT C
Packet Page 238

EXHIBIT D
Packet Page 239

EXHIBIT D
Packet Page 240

EXHIBIT D
Packet Page 241

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF

CLEMENTINA AVENUE TO THROUGH TRAFFIC FROM DEL

MONTE BOULEVARD TO THE ROUNDABOUT FOR THE WEATHER
TECH RACEWAY LAGUNA SECA EVENT ON MAY 10, 2023

RECOMMENDATION
Adopt a resolution permitting the closure of Clementina Avenue to through traffic from Del Monte Boulevard to the Roundabout to ensure public safety during the Weather Tech Raceway Laguna Seca event on Wednesday, May 10, 2023.

BACKGROUND
Weather Tech Raceway Laguna Seca has submitted an application to hold their event "Motul Course de Monterey - Fun Party and Kick Off" on Clementina Avenue on Wednesday, May 10, 2023, from 5:00 p.m. to 7:00 p.m. with setup and clean up hours from 3:00 p.m. to 8:00 p.m. They are requesting the closure of Celmentina Avenue from Del Monte Boulevard to the Roundabout.

The Weather Tech Raceway Laguna Seca event is a Block Party at the Premier Hyundai Dealership. It will provide an opportunity to see some of the most advanced Le Mans and GTP Prototypes, and sports cars from manufacturers like Hyundai, Porsche, Mercedes, BMW, Cadillac, and Honda. It will include IMSA Transporters (Parade), a Driver Meet & Greet, an Autograph session and potentially a Pit Stop Demonstration.

The Block Party will have music and an opportunity for business participation. This is a full-fledged community event that will ignite the community's passion for the Motul Course de Monterey Powered by Hyundai. This event will showcase the destination (Monterey County) and promote the race weekend.

The approval of this request from Weather Tech Raceway will support the City Council's Packet Page 242

Item No. 8.I. Page 2 of 3
Strategic Priorities of:
• Diverse and Inclusive Community
• Community Safety & Quality of Life

FISCAL IMPACT
Cost Estimate for fees, staff time and resources:

Special Event Application Fee $ 110.00
Public Works - Road Closure $ 900.00
TOTAL $1,010.00

RECOMMENDATION
If the City Council approves the request for closure of Clementina Avenue from Del Monte Boulevard to the Roundabout on Wednesday, May 10, 2023, between the hours of 3:00 p.m. to 8:00 p.m., staff recommends the following conditions be met:

1. Pay all city-related costs associated with the event.

2. Do not block any fire hydrants and fire department connections with stage, vehicles, ect.

3. Must maintain 15 feet clearance for emergency vehicles.

4. Organization to provide insurance coverage of the event in the amount of $3 million per occurrence and $5 million in the aggregate.

Weather Tech Raceway Laguna Seca will pay all associated fees for their event.

ATTACHMENTS

1. Weather Tech Raceway Laguna Seca - Motul Course de Monterey Special Event Application 2023

2. Street Closure Map - Weather Tech Raceway Laguna Seca - Motul Course de Monterey 2023

3. Temporary Street Closure Policy- Weather Tech Raceway Laguna Seca - Motul Course de Monterey 2023

4. Resolution Weather Tech Event 2022
Reviewed for Submission to the City Council by:
_________________________________________
Packet Page 243

Item No. 8.I. Page 3 of 3
Jaime M. Fontes, City Manager
Packet Page 244
Packet Page 245
Packet Page 246
Packet Page 247
Packet Page 248
Packet Page 249
Packet Page 250
Packet Page 251
Packet Page 252
Packet Page 253
Packet Page 254
Packet Page 255
Packet Page 256
Packet Page 257
Packet Page 258
Packet Page 259
Packet Page 260
Packet Page 261
Packet Page 262
Packet Page 263
Packet Page 264
Packet Page 265
Packet Page 266
Packet Page 267
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING

THE CLOSURE OF CLEMENTINA AVEUNE TO THROUGH TRAFFIC FROM DEL

MONTE BOULEVARD TO THE ROUNDABOUT
WHEREAS, Weather Tech Raceway at Laguna Seca will be holding their Motul Course de Monterey Fun Party Kick Off Event that is open to the public; WHEREAS, the closing of Clementina Avenue from Del Monte Blvd to the Roundabout is necessary between the hours of 3:00 p.m. and 8:00 p.m. on May 10, 2023, to insure the safety of the public;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the closure of Clementina Avenue from Del Monte Blvd to the Roundabout to ensure the safety of the public using this portion of roadway during this event.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of April 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 268

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH HINDERLITER DE LLAMAS AND

ASSOCIATES (HDL) FOR UTILITY USER TAX PROGRAM

ADMINISTRATION WITH A ONE YEAR TERM AND TWO

OPTIONAL ONE YEAR RENEWAL PERIODS FOR A TOTAL THREE
YEAR CONTRACT AMOUNT NOT TO EXCEED $74,184.00

RECOMMENDATION
Adopt a resolution authorizing a professional service agreement with HdL for Utility User Tax Program administration.

BACKGROUND
In Fiscal Year 2021-2022, the City of Seaside City Council approved a budget line item for HdL to provide Utility User Tax (UUT) program administration. The initial contract had a value below $25,000.00 and therefore was approved administratively. The City's Finance department found the service provided by HdL to be useful and efficient. The contract has expired and the Finance department wishes to renew the contract for a one-year term with two optional renewal periods of one year each. With the possibility for the term to extend to three years, the value of the contract requires City Council approval.

The service provided by HdL includes an online portal for taxpayers to pay the UUT tax, taxpayer customer service, tax return processing, tax receipts and remittance of tax revenue to the City. The estimated value of the contract is $24,240.00 per fiscal year with a CPI adjustment each year. Audit services may be recommended by HdL regarding certain taxpayers, but will not proceed until approved by City staff. Audit costs will be recovered from audit generated revenue.

Packet Page 269

Item No. 8.J. Page 2 of 2

FISCAL IMPACT
If the contract with HdL is approved by the City Council tonight, staff will budget $25,000 per year for the next three years to cover the costs. Costs will be paid from the City's general fund.

ATTACHMENTS

1. HdL Professional Services Contract

2. Resolution_HdL UUT Services
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 270

Page 1 of 9 ends

City of Seaside

PROFESSIONAL SERVICES AGREEMENT
This agreement is made by and between the City of Seaside (City), and Hinderliter De Llamas and Associates (HdL)(Consultant).

A. Engagement: The City agrees to engage the Consultant to administer the City’s utility user’s tax program as detailed in exhibit A.

B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.

C. Compensation: The City shall pay consultant as outlined in exhibit A.

D. Expense Reimbursement: City will reimburse reasonable expenses related to Utility Users Tax Services upon submission of receipts.

E. Method of Payment: The City shall pay upon receipt of a written invoice from Contractor detailing services rendered.

F. Term: The initial term of this agreement shall commence on April 1, 2023 and terminate April 1, 2024. The term will automatically renew for two (2) additional periods of the same length as the initial term unless either party gives the other party written notice of termination at least thirty (30) days prior to expiration of the thencurrent term.

G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon thirty (30) days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

H. Indemnity: Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney’s fees, caused solely by the negligence of the City, its Council, boards, commissions, officers and employees, Consultant shall indemnify, defend and hold harmless the City, its Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney’s fees, regardless of the merits or outcome of any such claim or suit arising from or in any manner connected to Consultant’s act or omission regarding performance of services or work conducted or performed pursuant to this Agreement.

I. In no event will CONSULTANT be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature. CONSULTANT’s duty to indemnify and hold harmless CITY shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license or permit.

Packet Page 271

Page 2 of 9 ends

J. Insurance: $1,000,000 professional liability insurance naming the City as an additional insured.

K. Project Management. The Finance Director will represent the City for all purposes under this Agreement. The Finance Director is designated as the Project Manager for the City.

The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services. The City may designate an alternate Project Manager from time to time.

L. Ownership of Work Product:
a. Ownership of all completed imagery, reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this agreement, whether or not completed, shall vest with the City. b. Completed Materials developed under this agreement are the property of the City and may be used by the City as it sees fit, including the right to distribute, review or publish the same without limitation.

M. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.
g. Consultant shall provide the City with a $2,000,000/$4,000,000 general liability certificate of insurance naming City as an additional insured, and automobile and workers’ compensation coverage if applicable.

Packet Page 272

Page 3 of 9 ends

Wherefore, the parties have entered into this agreement as of the later of the dates stated below.

Approved:

Dated: ____________________
Contractor: Hinderliter De Llamas & Associates (HdL)
_______________________
By: Robert Gray
Title: Vice President of Technology
Address: 120 S State College Blvd., Suite 200,
Brea, CA 92821
Dated: ____________________
City of Seaside:
_______________________
By: Jaime M. Fontes
Title: City Manager

3.27.2023
Packet Page 273

Page 4 of 9 ends

EXHIBIT A
Hinderliter De Llamas & Associates (HdL)
City of Seaside, CA
Tax and Fee Administration Services and Fees
Utility Users Tax Administration Scope of Service

SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s utility users tax administration.

1. Operations Management Services

1.1. Establish and maintain database of Client utility providers.

1.2. Receive and process registrations, tax returns and payments in a timely fashion.

1.3. Provide utility providers multiple options for submitting registrations, tax returns, payments, or support requests including via website, email, mail, phone, and fax.

Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific.

1.4. Remit revenue to Client no less than monthly.

1.5. Provide Client staff access to website portal offering utility provider registry inquiry and reporting capabilities.

1.6. Monitor monthly returns for significant utility user tax reporters and endeavor to ensure accurate and consistent reporting methodology.

1.7. Provide periodic analysis reports presenting trends and key insights on Client utility providers.

1.8. Monitor and report on legislative and industry events impacting Client’s utility user taxes.

2. Online Payment Processing – Consultant’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.

2.1. Client Responsibilities

2.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

2.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

Packet Page 274

Page 5 of 9 ends

FEES

3. Operations Management Services

3.1. Fees for performing operations management Services shall be $1,300.00 per month, plus $9.00 per processed return.

3.1.1. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

3.2. Travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

3.3. Client will be invoiced monthly for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

4.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

4.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

4.1.2. ACH/eCheck processing - $1.25 per transaction

4.2. Client funded

4.2.1. Credit and debit card processing – 2.9% of transaction amount

4.2.2. ACH/eCheck processing - $0.50 per transaction

4.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

Packet Page 275

Page 6 of 9 ends

IN WITNESS WHEREOF, the parties hereto have entered into this Exhibit to the Professional Service Agreement through their duly authorized representatives as of ___________, 2023.

CONSULTANT:

Hinderliter De Llamas & Associates (HdL)
By: _________________________
Its: _________________________
CLIENT:

City of Seaside, CA
By: ________________________
Vice President of Technology Its: ________________________ Packet Page 276

Page 7 of 9 ends

Hinderliter De llamas & Associates (HdL)
City of Seaside, CA
Tax and Fee Administration Services and Fees
Utility Users Tax Audit Scope of Service

SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s utility users tax audits.

5. Utility Users Tax Audit - Consultant’s work as set forth below is defined as “Agreed Upon Procedures” and is not a traditional review of financial statements as defined by Generally Accepted Reviewing Standards (“GAAS”). A traditional review includes the issuance of an opinion stating whether the financial statements are presented fairly in conformity with Generally Accepted Accounting Principles (“GAAP”). Because the procedures listed do not constitute a traditional review, Consultant will not express an opinion on the Companies’ or the Client’s financial statements or any elements, accounts, or items thereof. Consultant’s analysis and reports will relate only to an analysis of Companies’ gross revenues and related elements of expenses. Consultant’s work identifies the steps performed to ensure that the Companies accurately paid utility users’ tax to Client. Consultant’s work includes:

5.1. Overall Tasks

5.1.1. Contact Client’s staff and obtain documentation required to kick off the project.

5.1.2. Review Client’s municipal code related to utility users’ tax to understand the definition of gross revenues and the determination of utility users’ taxes.

5.1.3. Prepare initial data requests to the Companies and the Client requesting information related to the review period. During the project, if needed, prepare additional data requests and submit them to the Companies.

5.1.4. Execute non-disclosure agreements (NDAs) with the Companies, if required.

5.1.5. Correspond with the Companies and the Client, as required via phone and email, to obtain documentation, resolve issues, and obtain any appropriate assistance.

5.2. Review of Utility Users’ Taxes

5.2.1. Verify that the accounting methodologies and procedures used by the Companies accurately identify billed revenues generated within the Client during the review period subject to the utility users’ taxes. Investigate any inconsistencies and provide recommendations, if applicable.

5.2.2. Review payments to the Client and recalculate the utility users’ taxes for the review period.

5.2.3. On a test basis, reconcile billed revenues submitted as supporting documentation with the tax payments to revenues recorded on the audited financial statements or equivalent reporting information.

5.2.4. Identify each revenue type or source that the Companies did not include in the determination of the utility users’ taxes remitted to the Client for the review period and verify correctly excluded.

5.2.5. Reconcile revenues reported to the Client to the revenues on third party billing data on a test basis, depending on the findings noted and accuracy of the sample quarters tested.

5.2.6. Obtain a sample of customer bills and verify the calculation of the tax on the bill.

Packet Page 277

Page 8 of 9 ends

5.2.7. For each year, summarize every category of revenues reported to the Client and reconcile these revenues to the utility users’ taxes.

5.3. Procedures specific to Telecommunication Utility Users’ Taxes

5.3.1. Review the following, as applicable: enhanced service revenues, private line revenues, equipment lease and sales revenues, installation and maintenance agreement charges, late fees, non-sufficient funds fees, E911 charges, sales taxes, and state and federal USF charges. Determine that these items are appropriately treated in the determination of the gross revenues reported to the Client.

5.3.2. Review the allocations of any bundled products consistent with accounting requirements (Accounting Standards Codifications 605 and 606) to ascertain the correct amount subject to the UUT is being determined.

5.3.3. Identify any exempt telecommunications revenues and determine if the customer meets the requirements for exempt status.

5.3.4. Determine whether gross revenues generated from Indefeasible Right of Use (“IRU”) agreements were correctly included in the revenue base to determine UUT payments to the Client.

5.3.5. Obtain a list of the reseller lease agreements. Determine whether revenues from reseller lease agreements were correctly included in the telecommunications revenue base to determine the UUT payments to the Client or whether the reseller self reports.

5.3.6. Review the allocation percentage and method utilized to calculate allocated revenues, such as the long-distance revenues between intrastate and interstate.

5.4. Summarize Results and Issue Reports

5.4.1. Analyze utility users’ taxes reported to Client by category of revenues.

5.4.2. Calculate under/overpayment of the amount due to Client, interest charges and applicable fees on under/overpayments of the utility users’ taxes.

5.4.3. Submit final reports to Client. The reports will include Consultant findings, including a recalculation of the utility users’ taxes and determination of any deficiencies plus applicable interest due to Client.

5.5. Additional Services – Consultant is available to assist in resolving with the Companies any disputed issues as to amounts owed to the Client. Additional services would include assisting the Client in its negotiations with the Companies. Typically, we participate in conference calls, discuss our findings with the Companies, and assist the Client in negotiating a settlement with the Companies. We are also available to perform other additional services, such as: meet with the Client to discuss our findings; make presentations of our report to the Client; and provide support and testimony if this matter is litigated.

FEES

6. Audit Services – Consultant will perform reviews of the reports of utility users’ taxes (cable, electric, gas, telecommunications as appropriate – collectively Companies) concerning the utility users’ taxes (UUT) payments to Client for as follows:
• $14,000.00/audited company or 35% of all captured revenue whichever is higher.

6.1. If Client takes legal action to collect underpayments identified by Consultant, any additional services, e.g. expert testimony, by Consultant will be provided at an agreed hourly rate of $250.00 per hour.

Packet Page 278

Page 9 of 9 ends

6.2. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations and support).

6.3. Client will be invoiced monthly for Services performed during the prior month.

6.4. Review not to exceed amount will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S.

Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

6.5. Consultant may change the rates for its hourly Fees from time to time in its sole discretion upon at least 30 days’ prior written notice to Client.

IN WITNESS WHEREOF, the parties hereto have entered into this Exhibit to the Professional Services Agreement through their duly authorized representatives as of ___________, 2023.

CONSULTANT:

Hinderliter De Llamas & Associates (HdL)
By: _________________________
Its: _________________________
CLIENT:

City of Seaside, CA
By: ________________________
Vice President of Technology Its: ________________________ Packet Page 279
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES (HdL) FOR UTILITY USER TAX

PROGRAM ADMINISTRATION WITH A ONE YEAR TERM AND TWO OPTIONAL

ONE YEAR RENEWAL PERIODS FOR A TOTAL THREE YEAR CONTRACT AMOUNT NOT TO EXCEED $74,184.00
WHEREAS, the City of Seaside entered into a Professional Services Agreement with HdL for Utility User Tax Administration services on August 1, 2021 ; and WHEREAS, The Professional Services Agreement with HdL for Utility User Tax Administration services is now expired; and
WHEREAS, City Staff has found the service provided by HdL to be both useful and efficient and wishes to renew the contract for up to three additional years.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside approves a resolution authorizing the City Manager to Execute a Professional Services Agreement with HdL for the Utility User Tax Administration services with a term of one year plus two optional one year renewal periods and a total three year contract amount not to exceed $74,184.00.

PASSED AND ADOPTED at the regular meeting of the City Council of the City of Seaside duly held on the 6th day of April 2023 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:

Packet Page 280
-2
______________________________
Sheri L. Damon, City Attorney
Packet Page 281

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: April 6, 2023
SUBJECT: DISCUSS AND CONSIDER THE POTENTIAL CENSURE OF

COUNCIL MEMBER ALEX MILLER FOR HIS FACEBOOK POST OF
MARCH 17, 2023

RECOMMENDATION
Discuss and consider the potential censure of Council member Alex Miller for his Facebook post of March 17, 2023.

BACKGROUND
The City Manager was asked to place on the agenda an item about the potential censure of Alex Miller for his Facebook post of March 17, 2023. In order for the majority of the Council to discuss the Facebook post, the matter was required to be agendized in order to comply with the Brown Act. The majority would otherwise, be unable to comment on the appropriateness of the language or conduct. "Censure" is the procedural method set forth in Robert's Rules of Order by which the City Council majority may exercise its First Amendment rights to comment on another's language or conduct they do not believe is appropriate. The City Attorney was asked to produce a law and procedure memorandum outlining the current law and procedure of the City as it relates to a "censure" and that memorandum is attached. A motion for censure (with no penalty) is treated as any other motion, except that the recipient of censure is allowed to rebut the findings contained in the censure.

FISCAL IMPACT
This item is not included in the City's Strategic Plan.

Fiscally, this item is included in the staff salary.

ATTACHMENTS
Packet Page 282

Item No. 9.A. Page 2 of 2

1. Memo re Censure

2. Miller -Facebook 3-17-2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 283

OFFICE OF THE CITY ATTORNEY
440 Harcourt Avenue Telephone 831-899-6890
Seaside, CA 93955 Facsimile 831-718-8602
www.ci.seaside.ca.us
Include, Innovate, Inspire

MEMORANDUM
TO: CITY COUNCIL
FROM: CITY ATTORNEY
DATE: 4/6/2023
RE: CITY COUNCIL CENSURE LAW AND PROCEDURES

1. QUESTION
What process/options does the City council have to address conduct/comments the Council considers unbecoming of a City Council member?

2. SUMMARY CONCLUSION
At the current time, the Council only has the procedures set forth in Robert’s Rules of Order, since neither the Seaside Municipal Code nor the City Council’s code of ethics and conduct identify a specific process to address violations of the code of conduct or behavior or other statements or actions unbecoming of a City Council member. In order for the majority to discuss language or conduct of council members without violating the Brown Act, the matter must be placed or discussed on the Agenda, since a Motion for Censure may be considered by the Council at any time. A censure motion with no penalty must be noticed, the offending conduct/behavior outlined and an opportunity to be heard.

3. ANALYSIS
In 2019, the City of Seaside adopted a Code of Conduct to be added to the existing code of ethics adopted in 1979, to be included in the Boards and Commissions Handbook. The Code of Conduct is a one page document that does not identify the consequence or sanctions for violating the code of ethics and conduct. Nor does the code describe expected conduct for elected or appointed officials in their public interactions.

Seaside Municipal Code section 2.02.100 states that Robert’s Rules of Order, current edition, shall govern in all matters not specifically provided. The current version of Robert’s Rules of Order is the 12th edition. Censure is an inherent power of a legislative body that follows Robert’s Rules of Order. (Roberts, p. 627-28, Section 61.) A legislative body can use “censure” at any time to address inappropriate board member behavior if the Board votes to do so.

In essence, censure, with no penalty, is designed to separate and identify the board members’ actions or words as not in alignment with the board’s policies or modes of decorum. Censure, is not the only potential sanction however, in extreme cases of Packet Page 284
2 inappropriate language or conduct (including but not limited to sexual harassment, bullying, etc.), a censure might include a Censure Resolution, a potential removal from Boards and/or Commissions (penalty) and/or potential referral to the District Attorney’s office.

A. Censure Is Protected by the First Amendment
When there is no penalty included, censure is only the expression of an opinion by the majority of the legislative body. (Phelan v. Laramie County Community College Board Of Trustees, 235 F.3d 1243 (10th Cir., 2000).) “In censuring Ms. Phelan, Board members sought only to voice their opinion that she violated the ethics policy and to ask that she not engage in similar conduct in the future.”2 (Id. at 1248.) A board’s censure opinion is protected by the First Amendment. (Westfall v. City Of Crescent City, (“Westfall II”) 2011 WL 4024663 (unpublished) (N.D.Cal. 2011) (granting City’s motion to dismiss).)3 “. . .

Council members had a corresponding First Amendment right to ‘vot[e] their conscience on the important issues” they identified in the censure resolution.’” (Westfall II at *4.) The Westfall II court considered the censure First Amendment activity even though the censure resolution also stripped the respondent of her committee memberships.

B. Censure Protected By Anti-SLAPP Statutes.

As an expression of an opinion, the resolution of censure is protected by the antiSLAPP statutes of the state. (Californians Aware v. Orange Unified School District (“Californians Aware”), 2008 WL 4078764 at *11 (unpublished) (Cal.App. 4 Dist.)) “[A] governmental entity enjoys a right to freedom of speech, which is consequently enforceable under the anti-SLAPP law.” (See also Rodriguez, v. Jurupa Unified School District (“Rodriguez”), 2010 WL 3135386 (Cal.App. 4 Dist.)4; Shivers, v. Yuba Community College District (“Shivers)“, 2002 WL 22783 (unpublished) (Cal.App. 3 Dist. 2002) (District Administrator’s lawsuit stricken on District’s anti-SLAPP motion.

Lawsuit challenged District board censure of Administrator.) Westfall v. City Of Crescent City (“Westfall I”), 2011 WL 2110306 (unpublished) (N.D.Cal.) (partially granting City’s motion to strike).) Even when a respondent is stripped of his or her committee memberships, he or she may be barred from bringing actions for intentional infliction of emotional distress and defamation under the Anti-SLAPP statute. (Westfall II at *11.)
C. Due Process Is Limited
Numerous legislative bodies issue a censure by resolution. (See Braun v. City of Taft, 154 Cal.App. 3d 332, 339 (1984); Californians Aware at *5; Westfall II at *1; Rodriguez at *3.)

1. Minimal Due Process. “In determining applicable due process safeguards, it must be remembered that ‘due process is flexible and calls for such procedural protections as the particular situation demands.’” (People v. Ramirez, 25 Cal.3d 260, 268 (1979).) Only minimal due process standards here should apply: notice and an opportunity to refute the allegations. One court has said that it could find no required policies or procedures on censure that a city must follow. (Westfall II at *6.) The Westfall II court Packet Page 285
3 rejected the charge that the legislative body had no censure policy, and therefore could not impose a censure. (Westfall II at *5.) The court noted that there was no violation of due process as the respondent had “received notice of the Council's decision to vote to censure her at an upcoming public meeting, had communicated with [the City Attorney] regarding the procedural mechanism for the sanction, and attended the public meeting where the remaining Council members unanimously voted to censure her.” (Westfall II at *6.) This was sufficient due process even when the censure resolution included stripping the respondent of committee membership.

The court also noted that the transgressions were observed directly by other councilmembers no further investigation was necessary.

Especially when a censure motion is “not a formal legal finding” and does not “diminish” a Councilmember’s right as a Councilmember, due process is limited. At most, a respondent is entitled only to notice and an opportunity to refute the allegations. (Rodriguez at *12.)5 Even when the matters occur outside the view of the council, the court was not concerned that the allegations were submitted to the legislative body by just an oral report. (Rodriguez, at *8 (Investigators presented oral report on board member's unacceptable conduct involving allegations of sexuallycharged comments, inappropriate physical contact, and threats against district employees).)
Other entities, such as licensing boards, do allow for a specific procedures before censure. These procedures, however, are required by the body’s own rules. (See, e.g., Commission on Judicial Performance, Rule 123.) As noted by the Westfall II court, supra, no rule or statute mandates a specific process for a City Council censure.

2. No Cross-examination. Due process does not require that the subject have the “right of cross examination at a name-clearing hearing.” (Binkley v. City of Long Beach, 16 Cal.App. 4th 1795, 1809 (1993) (Chief of Police, who held the position at the pleasure of the City Manager, could be fired without “just cause,” so long as he was given an adequate opportunity to convince the agency to reverse its decision).) In the context of a censure of a City Councilmember, since not even firing is at stake, certainly there is no right to cross examination.

4. CONCLUSION
The City Council has the power to pass a motion or resolution censuring a councilmember. A formal hearing and cross examination are not required so long as there is no penalty attached to the censure. At a minimum (1) the item must be noticed on the public agenda in accordance with the Brown Act requirements, (2) the offending conduct should be included in the packet and (3) the subject councilmember must be given an opportunity to rebut the charges against him/her.

The City Council may censure a member by a majority vote or may direct a more formal Resolution of Censure be prepared. Should the Council desire to include any additional penalty, such as removal from boards or commissions, then a more formal hearing process would be required.

Packet Page 286
Packet Page 287

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: April 6, 2023
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON THE POTENTIAL

UPDATE TO THE CURRENT CODE OF CONDUCT AND ETHICS

RECOMMENDATION
Direct City Manager and City Attorney to return with a proposed update to the current code of conduct for all public representatives (City Council, Boards and Commissions)

BACKGROUND
The City adopted a Code of Ethics on July 5, 1979. The goal of the Code of Ethics is to affirm an identity of excellence and integrity for City government, thus reinforcing public trust. In addition to laws, regulations and ethical codes, some cities adopt Codes of Conduct. Codes of Ethics generally regulate judgement of individuals in an organization, while Codes of Conduct generally regulate actions and describe expected behaviors. In 2019, the City of Seaside adopted a Code of Conduct to be included in the Boards and Commissions Handbook. The handbook can be found on the City's website at http://www.ci.seaside.ca.us/DocumentCenter/View/4171/Boards-andCommissions-Handbook-2020?bidId= The Code of Conduct is a one-page document that does not outline the various interactions that Council members, Board members or other City representatives have with each other, staff, members of the public and other third party boards and commissions. Neither the existing Code of Ethics or nor the code of conduct outline the consequences or sanctions for violating the code of ethics and conduct. Neither addresses social media as a public space. While the Brown Act regulates on a more formal basis the interactions of council members on social media, the City's current code of conduct and ethics is silent on this more modern form of communication. A copy of the staff report from 2019 related to the existing code of conduct is attached to this report for the council's consideration.

A clarification of the existing code of conduct and ethics would be helpful in clarifying Packet Page 288

Item No. 9.B. Page 2 of 2
the expectations of the Council of its members, the City's boards and commissions as they discharge and perform their public service roles.

FISCAL IMPACT
This item is not in the Strategic Plan.

This item would be otherwise included in the current budgeted amounts for staff.

ATTACHMENTS

1. Code of Conduct
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 289

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
BY: Craig Malin, City Manager
DATE: November 7, 2019
SUBJECT: DISCUSS AND APPROVE A CODE OF CONDUCT

PURPOSE & RECOMMENDATION
Adopt the Code of Conduct, and direct staff to include the Code of Conduct in appropriate City documents.

After surveying other Codes of Conduct from both public and private sector organizations, staff has prepared a draft Code of Conduct unique to Seaside’s organizational and community culture. The Code, as drafted, is intended to be brief and simple, but also powerful; describing in straightforward behavioral terms what is expected of Seaside officials. Should the Council adopt the Code of Conduct; staff will include the Code in appropriate City documents and publications.

ATTACHMENTS

1. Code of Conduct 2019
Packet Page 207 Packet Page 290

Item No. 10.A. Page 2 of 2
Reviewed for Submission to the
City Council by:
______________________________
Craig Malin, City Manager
Packet Page 208 Packet Page 291
[Type the document title] [Year]
Boards, Commissions and Committees Handbook
Code of Conduct
City of Seaside elected officials, members of boards, commissions, and committees, and staff (“Officials”) have an obligation to conduct themselves in accordance with local, state and federal laws and regulations, including ethics regulations, and in accordance with the following Code of Conduct.

City of Seaside Officials will be:

Appreciative – It is a privilege to serve the citizens of and visitors to the City of Seaside. The opportunity to serve should be understood to be a unique and fleeting opportunity that is approached with gratitude.

Kind – The City of Seaside is a municipal service organization. The City exists to serve its citizens, visitors, business owners, and employees, and can most transformatively do so by demonstrating unsparing kindness to each other and those they come in contact with while representing the City.

Civil – Life in public service demands respectful and supportive behavior. At all times, representatives of the City are to be courteous and polite. To each other, and everyone they meet.

Inquisitive – One of Seaside’s great treasures is its remarkable diversity.

Seaside Officials are immersed in diverse cultures, perspectives and traditions and must be genuinely interested in and supportive of, rather than judgmental about, other cultures, perspectives, and traditions.

Caring – The youngest, most economically modest, and most inclusively reverent community on the Monterey Peninsula, Seaside exists to be the community where we care for one another, where we create brighter futures for our community’s children, where we take care of those in the sunset of their lives and where we reach out to those in need, whoever they may be.

Humble – Look, we’re pretty awesome. But let’s just be low-key about it.

Self-Aware – Listen more, speak less. Contribute more, complain less. Smile more, frown less. You live in / work for / contribute to a remarkable City and community. Be appreciative.

Packet Page 209 Packet Page 292

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: April 6, 2023
SUBJECT: APPROVE A FEE WAIVER FROM SARANGSAM PRISON

MINISTRY FOR THE USE OF THE LAGUNA GRANDE HALL AND
KITCHEN FOR THEIR MUSIC FESTIVAL ON OCTOBER 7, 2023

RECOMMENDATION
Approve the fee waiver request from the Sarangsam Prison Ministry for the use of Laguna Grande Hall and kitchen to hold their Music Festival in the amount of $1,553.85

BACKGROUND
The Sarangsam Prison Ministry is a non-profit religious organization and they are requesting a fee waiver to help cover the costs associated with their Music Festival on Saturday, October 07, 2023, from 12:00 p.m. to 8:30 p.m. in the Laguna Grande Hall at the Oldemeyer Center. Their event will be for all ages and is open to the public. They will have classical music with string ensemble, jazz, opera and folk music. The performers are from young students to elderly singers. This event is free and open to the public.

The Sarangsam Prison Ministry Korean band have been performing free of charge at some of the City of Seaside Recreation annual events since 2017. They have become staples for entertainment at the annual Mother's Day Luncheon and the Holiday Luncheon, and this year they are slated to play at the City's International Day celebration. Given there ongoing support to the recreation department, staff recommend that the fees be waived for the rental cost of the facility for their Music Festival.

The approval of this request from Sarangsam Prison Ministry will support the City Council Strategic priorities of:

Packet Page 293

Item No. 9.C. Page 2 of 2
• Diverse and Inclusive Community

FISCAL IMPACT
The approximate fees which are applicable to this request are:

Laguna Grande Hall Fee 8.5 Hours @
$154.00
$1,309.00
Insurance $ 122.00
Deposit Non Refundable Portion $ 122.85
TOTAL $1,553.85

ATTACHMENTS

1. Sarangsam Prison Ministry - Fee Waiver 2023

2. Sarangsam Prison Ministry - 501(c)(3)
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 294
Packet Page 295
Packet Page 296
Packet Page 297
Packet Page 298
Packet Page 299
Packet Page 300
Packet Page 301
Packet Page 302

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES

WITH EVERYONE'S HARVEST FOR THE OPERATION OF

SEASIDE'S CERTIFIED FARMERS MARKET YEAR ROUND FOR A
NOT TO EXCEED AMOUNT OF $24,600.00 A YEAR FOR A TERM

OF TWO YEARS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with Everyone's Harvest to operate the Seaside Certified Farmer's Market on a year-round basis for a term of two years.

BACKGROUND
The City of Seaside seeks to reinstate it's Certified Farmer's Market with the goals of creating a festive community event and social gathering place. The goal of the farmer's market is to offer community members an opportunity to purchase locally grown produce, artisan goods, and locally sourced and culturally relevant products that will appear to the broad range of residents and visitors that will highlight the unique and diverse character of Seaside. The market will also give farmers an opportunity to sell their products locally, and also provide local businesses, non-profits, artisans, and musicians with an opportunity to participate.

During the Fiscal Year 22/23 budget meetings, it was determined that the City would like to bring back a Farmer's Market. Having the market in Seaside is a key component for the City to achieve Blue Zones Project Certification. The market will provide affordable, accessible and fresh fruits and vegetables for the community while also having a variety of multi-cultural vendors that reflect this city's diversity. The last time a City had a Farmer's Market was in Fiscal Year 18/19, and that market was held on Saturdays on the 600 block of Broadway. There were a variety of challenges with the first market location, and this time around we are looking at three potential locations that were identified from a community survey that was done by the Blues Zones Project. Those locations are:

Packet Page 303

Item No. 9.D. Page 2 of 4
• The parking lot at City Hall
• The parking lot at Oldemeyer Center
• Lower Broadway Avenue
On January 23, 2023, the Recreation Department issued a Request for Proposals (RFP) seeking a qualified Certified Farmer's market Operator. The staff's desire was to find an operator that is certified by an accredited Farmer's Market authority and one who will provide an abundant blend of multi-cultural market vendors that will limit the sale of non-food products to 25% or less of the total products offered, and will ensure there is a balance amongst vendors. Proposals that include one or more of the following would be given priority:
• Cal Fresh/Supplemental Nutrition Assistance Program (SNAP) • Electronic Benefits Transfer (EBT) which provides monthly benefits for purchasing food. • Use of Women, Infants, and Children (WIC)
• Senior Market Nutrition Programs
• Farmer's Market check redemption to purchase fresh fruit & vegetables • Use of coupons from a produce prescription program
• Receiving additional funds from the Market Match program One proposal was received by the deadline of February 24, 2023, and that was from the previous Farmer's Market Operator "Everyone's Harvest". The proposal was reviewed by staff and a member of the Blues Zones Project of Monterey County. The proposal was reviewed and rated based on the following criteria:

Firms Qualifications, Experience, and References: Experience in performing work on projects similar in nature and size. Experience working with public agencies, strength, stability, experience, technical competence, and client references.

Qualifications and Experience of Personnel and Staffing: Qualifications and experience of proposed personnel for requested services.

Work Plan: Depth of Consultant's understanding of the City's requirements, overall quality and logic of the work plan.

Quality and Responsiveness of the Proposal: Completeness of response in accordance with the RFP instructions.

The weighting of the proposal's rating was based on the following formula:
• Breadth of quality of service listed in the scope of work - 30 points • Qualifications of key personnel to be assigned to the anticipated project and tasks that coincide with the Scope of Work - 30 points
• Demonstrate the ability to successfully provide services for projects of similar complexity in nature - 20 points
• Organization and presentation and content of proposals - 10 points • Favorable references - 10 points
Total 100 points
Packet Page 304

Item No. 9.D. Page 3 of 4
While there was only one proposal, the average score from the rates was 82.75, and staff determined that Everyone's Harvest has the knowledge and experience to operate a Certified Farmer's Market in the City of Seaside.

Everyone's Harvest Team
Everyone's Harvest is a 501(c)3 organization that currently operates five Certified Farmer's Markets in Monterey County, and has 20 years of experience with the operational functions of these markets.

In addition, Everyone's Harvest provides several community food programs such as; Market Match, Fresh Rx, and Edible Education, which provides a $15 match for CalFresh purchases and a weekly $35 voucher for FreshRx. These programs increase equitable access for low-income community members to affordable, locally grown produce. These programs are not offered by any other farmer's market operators in Monterey County.

Everyone's Harvest's markets provide Venus where local multicultural, small and mid-scale farmers can sell culturally relevant produce directly to local consumers, where in Seaside 45.6% are Latin X,

7.1% are African American, and 9.1% are Asian, according to the US census. The demographics of the farmers and vendors who participate in Everyone's Harvests' markets reflect the diversity of Seaside. Also, local food vendors and artisans can sell their products directly to members of the community, and local musicians and other performers will have the opportunity to entertain their fellow community members and community groups can educate the public about local programs, events, and activities.

In Everyone's Harvest Proposal, they submitted draft site plans for the three locations that staff had identified as potential locations for the market: The parking lot at City Hall, the parking lot at Oldemeyer Center, and on the 600 block of lower Broadway. In addition to these site plans, Everyone's Harvest proposed two different days, and two possible timeframes on Saturdays.

Thursdays from 3pm - 7pm
Saturdays from 10am - 2pm or 12pm - 4pm
While Everyone's Harvest's preferred location is the parking lot at Oldemeyer Center because of the close proximity to numerous multi-unit housing complexes, access to public transportation, family friendly activities at the newly renovated Ellis Park, and access to the restroom facilities inside Oldemeyer Center. Staff have determined that the extensive use of Oldemeyer Center on Saturdays, and limiting the use of the parking lot for those who rent the facility would be a hindrance and could jeopardize future rentals for the duration of the contract. The Broadway location also has a few challenges associated with the operation there, and given the turnout from the previous attempt, staff have determined that it is not a suitable location at this time.

The staff's recommendation is to adopt a resolution authorizing the City Manager to enter into an agreement for professional services with Everyone's Harvest to operate a Certified Farmer's Market on Saturday from 10am - 2pm in the parking lot of City Hall on a year round basis for a term of two years.

As alternatives to approving this resolution, the City Council could:

1. Approve the resolution with alternatives, such as; changing the day, time, location, or frequency.

2. Request staff to negotiate the agreement, scope of work and budget and return to the Council for further consideration.

Packet Page 305

Item No. 9.D. Page 4 of 4

3. Direct staff to reissue the RFP.

The operation of a Certified Farmer's Market in the City of Seaside is in support of the City Council's Strategic Priorities of:
• Diverse and inclusive Community
• Community Safety and Quality of Life

FISCAL IMPACT
The authorized agreement amount is not to exceed Twenty Four Thousand Six Hundred dollars ($24,600) a year for the two-year term, and a total contract amount of Forty Nine Thousand Two Hundred dollars ($49,200). The funding source for the agreement is in the City's 2022-2023 Fiscal Year Community Events - Recreation Budget account 100-9220-7134. Forty Seven Thousand ($47,000) was budgeted in the 2022-2023 Fiscal Year budget for the Farmer's Market.

ATTACHMENTS

1. Exhibit A - SOW_CP_PS

2. Exhibit B -PSA Farmer's Market

3. Exhibit C - RFP Farmers Market

4. Resolution Farmers Market
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 306
Haruest
31Upper Ragsdale Dr. Ste 4 Monterey, CA 93940 ~ Phone: (831) 384-6961 ~ www.everyonesharvest.org

1. INTRODUCTORY LETTER
February 24, 2023
City of Seaside
C/O Dan Meewis
986 Hilby Ave
Seaside, CA 93955
Re: CERTIFIED FARMERS’ MARKET PROPOSAL – CITY OF SEASIDE Dear Mr. Meewis:

Thank you for the opportunity to submit, on behalf of Everyone’s Harvest, this application to create, operate and manage a vibrant, healthy, year-round Certified Farmers’ Market for the City of Seaside.

On behalf of Everyone’s Harvest, I submit for your consideration our proposal to serve the community by operating and managing a year-round Seaside Certified Farmers’ Market. Everyone’s Harvest proposes to operate the market from April 6, 2023 to April 5, 2024 for the amount of $24,600, subject to a contract with a term of two years that includes on-going one-year extensions.

Everyone’s Harvest is a 501(c)3 organization that operates five Certified Farmers’ Markets as well as community food programs in Monterey County. Our mission is to provide access to healthy, affordable fruits and vegetables through certified farmers’ markets and community food programs.

Our vision is for every community to have a fair and sustainable food system.

Everyone’s Harvest has 20 years’ experience operating certified farmers’ markets, beginning with the year-round market in Marina in 2003, expanding to the year-round Pacific Grove market in 2008 and adding three seasonal markets in Salinas at the Natividad Medical Center, Salinas Valley Memorial Hospital, and at the WIC Office in East Salinas that we have operated for over a decade. Certified farmers’ markets (CFMs) are distinguished from other types of outdoor markets by the fact that they are required to have a specific designated area in the market where all the produce, flowers and plants are sold by the farmers who are growing the items, and all the farmers are certified “direct market” producers and thus able to sell at CFMs. Everyone’s Harvest combines our certified farmers’ markets with weekly community events that feature prepared foods and arts to create a larger, festive gathering place, drawing people to the market and giving local restaurants and artisans additional sales opportunities. Yet Everyone’s Harvest farmers’ markets are self-contained enough to embrace a family and community atmosphere while providing the above mentioned assets.

Everyone’s Harvest is particularly interested in serving the Seaside community because, in addition to our certified farmers’ markets, we provide several community food programs, Market Match, Fresh

Page 1 of 31 ends

Packet Page 307
Rx, and Edible Education, that provide a $15 match for CalFresh purchases and a weekly $35 voucher for FreshRx. These programs increase equitable access for low-income community members to affordable, locally grown produce. These programs are not offered by any other farmers’ market operators in Monterey County.

Using data from the US Census on CalFresh (SNAP) federal nutrition benefits use in Seaside and combining these data with information about the percentage of eligible families enrolling in CalFresh from the CalFresh Data Dashboard, we have calculated that approximately 3,000 families may be eligible for CalFresh yet only 896 families are enrolled, according to the 2021 American Community Survey. This indicates an opportunity for growth given that Seaside has a median income of $73,866 as compared to nearby Monterey with a median income of $91,165. With 12.3% of Seaside residents living below the poverty level, we have an opportunity to promote CalFresh with the $15 match available thanks to support from the Market Match program, a matching program funded by a public-private partnership, and Kaiser Permanente.

Everyone’s Harvest was the first farmers’ market in Central California to accept Calfresh benefits at our farmers’ markets, and our Market Match program doubles the value of customers' CalFresh benefits to purchase fresh fruits and vegetables up to $15. That is, for every $15 spent using CalFresh for fruits and vegetables at the farmers’ market, CalFresh recipients receive an extra $15 to buy produce at the market.

In 2022, 984 people using CalFresh bought fresh produce at Everyone’s Harvest farmers’ markets, with 3,817 purchases totaling $92,267 with a $10 match, now increased to $15 for 2023. The annual median total dollar value spent on fresh produce per cardholder was around $500. These purchases not only impact CalFresh recipients’ health and wellbeing, but bring much-needed income to our local small-scale producers, including beginning and Latino farmers.

Fresh Rx is a produce prescription program operated as a partnership between healthcare providers and our farmers' markets. Physicians "prescribe" fresh fruits and vegetables to patients at risk for nutrition insecurity and diet-related illnesses and direct them to Everyone’s Harvest farmers' markets where they receive $35 worth of fresh produce weekly. The Seaside Family Health Center was our first healthcare partner when we established the Fresh Rx program in 2014 with a cohort of eight patients. Since then, we have served 1,000 patients, and we will be expanding the program by 30% this year, including patients referred to us from the Seaside Family Health Center.

Edible Education provides free, in-person cooking demonstrations at the farmers’ markets featuring healthy recipes using market produce. The program has also grown in 2022 to include a Food Navigator who directs community members to resources for healthy, affordable food throughout the county.

Furthermore, Everyone’s Harvest farmers’ markets provide venues where local multicultural, smalland mid-scale farmers can sell culturally relevant produce directly to local consumers, 45.6% of whom are Latinx, 7.1% are Black, and 9.1% are Asian in Seaside, according to the US Census. The demographics of the farmers and vendors who participate in our markets reflect the diversity of Seaside. Also, local food vendors and artisans can sell their products directly to members of the community, local musicians and other performers have the opportunity to entertain their fellow community members, and community groups can educate the public about local programs, events and activities.

Page 2 of 31 ends

Packet Page 308
As the new management staff of Everyone’s Harvest, we also want to acknowledge lessons learned from our former staff who managed a Seaside Farmers’ Market in 2018-2019. Everyone’s Harvest has strengthened its capacity to deliver a successful market for the City of Seaside. Though none of the current staff at Everyone’s Harvest was involved in managing the previous Seaside market, we have learned valuable lessons. First of all, we now have the services of the marketing and public relations consultant, Marci Bracco, of The Buzz, LLC, to assist us in launching a much more aggressive advertising campaign to publicize the farmers’ market than was possible in 2018-2019. Second, we have valuable community input about features of farmers’ markets desired by Seaside residents, as surveyed by the Blue Zones Project. Third, we have an energetic and enthusiastic team of staff and board members who have deep ties to the local community and are well-connected to the local small-scale farmers, artisans, and small businesses who contribute to the vibrant ambiance of our farmers’ markets. My staff are well-positioned to inform and support the planning and opening of a new market, and many of our participating vendors have already expressed interest in participating in a Seaside farmers’ market.

In closing, Mr. Meewis, I want to express from all of us at Everyone’s Harvest how excited we are to present this proposal to start and operate the Seaside Certified Farmers’ Market with the option to extend the contract until 2025. We are requesting approval of this Everyone’s Harvest – City of Seaside Year-round Certified Farmers’ Market Proposal. The Seaside Farmers’ Market will provide a bounty of healthy produce and community outreach activities to the City of Seaside and Monterey County.

I look forward to hearing from you regarding the status of our application. Please contact me with any additional questions or need for additional information. Thank you for your time and consideration of this proposal.

Sincerely,
Hester Parker, PhD
Executive Director

Page 3 of 31 ends

Packet Page 309

TABLE OF CONTENTS

1. INTRODUCTORY LETTER 1

2. TABLE OF CONTENTS

3. QUALIFICATIONS AND EXPERIENCE 5
ADDITIONAL COSTS FOR THE OLDEMEYER SEASIDE CERTIFIED FARMERS’

ADDITIONAL COSTS FOR THE CITY HALL AND BROADWAY SEASIDE CERTIFIED EVERYONE’S HARVEST KEY PERSONNEL: 6

4. WORKPLAN 7
EH MARKET FEES 8
DETAILED SITE PLAN 8
PROJECT DESCRIPTION 8
STAFFING PLAN 10
FLAT RATE FOR THE SEASIDE CERTIFIED FARMERS’ MARKET SERVICE 12 MARKET PER YEAR 12
FARMERS’ MARKET PER YEAR 13
ADDITIONAL SERVICES INCLUDED IN THE FLAT RATE 13
VENDOR FEES COLLECTED AT SEASIDE CERTIFIED FARMERS’ MARKET 14 PAYMENT SCHEDULE/ REIMBURSABLE EXPENSES FOR ALL PROJECTS 14 SERVICES REQUIRED OF SEASIDE 14

5. CONFLICT OF INTEREST STATEMENT 14

6. SUPPORTIVE INFORMATION/REFERENCES 15

7. APPENDIX A: CERTIFICATE OF CURRENT INSURANCE 15
CERTIFICATE OF CURRENT INSURANCE 17

8. APPENDIX B: BUDGET 18

9. APPENDIX C: LOAD IN AND LOAD OUT PLANS & SITE MAPS FOR THREE PROPOSED MARKET LOCATIONS 21
Broadway Farmers’ Market Load In and Load Out Plan for the Everyone’s Harvest (EH) Certified Farmers’ Market (CFM) and Site Map 21
City Hall Farmers’ Market Load-In and Load-Out Plan and Site Map 25 Oldemeyer Plan #1 Farmers’ Market Load-In and Load-Out Plan and Site Map 27 Oldemeyer Plan #2 Alternate Farmers’ Market Load-In and Load-Out Plan and Site Map 30

Page 4 of 31 ends

Packet Page 310

3. QUALIFICATIONS AND EXPERIENCE
Everyone’s Harvest (EH) operates the following five Certified Farmers’ Markets:

1. Marina Certified Farmers’ Market since 2003

2. Pacific Grove Certified Farmers’ Market since 2008

3. Natividad Medical Center Certified Farmers’ Market in partnership with NMC since 2010

4. Alisal Certified Farmers’ Market at the Monterey County Health Department’s WIC office at 632 E. Alisal Street in East Salinas since 2011.

5. Salinas Valley Memorial Hospital Certified Farmers’ Market since 2013 Certified Farmers’ Markets are distinguished from farmers’ markets by the fact that all of the vendors who sell produce in a Certified Farmers’ Market are required to be certified California producers who grow what they sell. EH has been continuously certified by the California Department of Food and Agriculture to operate certified farmers’ markets for 20 years, beginning with the Marina Farmers’ Market. We also update the following on a yearly basis: 1. health permits for each farmers’ market with the Monterey County Health Department’s Environmental Health Bureau; 2. business licenses with the respective cities within which we operate; and 3. fire department permits where applicable.

Upon opening each new farmers’ market, EH obtained conditional use permits from the respective cities where we operate the market.

Our certified farmers’ markets and community food programs focus on serving families impacted by nutrition insecurity and diet-related chronic health conditions in historically underserved Monterey County communities. We pioneered the use of electronic benefits transfer (CalFresh, the CA version of SNAP EBT) access at its farmers' markets long before other markets in Central California. The Natividad Certified Farmers’ Market at Natividad Medical Center (NMC) and the Salinas Valley Memorial Certified Farmers’ Market provide Fresh Rx programs in collaboration with the healthcare providers on site. The Marina Certified Farmers’ Market and Alisal Certified Farmers’ Market that operates outside of the MCHD Women, Infants, and Children’s (WIC) program office in East Salinas provide the Fresh Rx produce prescription program to patients enrolled through Monterey County Clinic Services and Clinica de Salud del Valle de Salinas.

In 2014, EH was the first–and remains the only–farmers’ market organization in the county to implement a produce prescription program, Fresh Rx, in partnership with the Seaside Family Health Center. Through Fresh Rx, families served by Monterey County Clinic Services are prescribed $35 worth of fresh produce by their physicians and access its benefits by receiving fresh produce vouchers, nutrition education and information about affordable food resources/access points throughout the county from EH staff at the weekly farmers’ markets. Fresh Rx participants can immediately purchase culturally valued produce directly from the limited-resource, multi-cultural farmers who sell at the markets. The Fresh Rx program at the Seaside Family Health Center was temporarily suspended in 2020, but EH has secured funding in 2023 to reinstate the program at the clinic in partnership with Monterey County Clinic Services.

EH’s additional community food programs include Edible Education–cooking demonstrations, workshops and nutritional tastings–that teach nutrition and cooking skills using produce from the markets, and Market Match, which doubles the spending power, up to $15, of families buying produce at farmers’ markets using CalFresh (SNAP) benefits.

Page 5 of 31 ends

Packet Page 311
EVERYONE’S HARVEST KEY PERSONNEL:

Hester Parker, PhD, Project Director & Executive Director: Parker has six years of experience on the board of Everyone’s Harvest before assuming the Executive Director position in January 2022. She is proficient in Spanish and has assisted small-scale Latinx family farmers with an organic farmer cooperative in the greater Salinas area, founded and managed a farm-to-school program, and taught nutrition and garden-based education at the K-12 level in East Salinas. She has also taught undergraduate courses in social and ecological justice, environmental policy writing, and independent research capstones for the environmental studies major at CSUMB. Her leadership role at Everyone’s Harvest includes project management and cultivating partnerships.

Ulises Dueñaz, Fresh Rx Coordinator/Market Program Manager: Dueñaz is fluent in Spanish and English, is a member of the East Salinas community, and will be a key liaison for the farmers, customers, and vendors involved in the farmers’ market. He has one and a half years of experience in farmers’ market operations managing our Marina, Pacific Grove, and three Salinas farmers’ markets.

He will provide bilingual farmers’ market management and in-person Market Match and Fresh Rx program services at markets.

Alexis Collazo, Market Program Manager/Market Match Coordinator: Collazo is fluent in Spanish and English and has sold organic produce from his family’s Salinas-based farm for many years at farmers’ markets throughout the Bay Area. Alexis has six months experience in farmers’ market operations, managing our Marina market and two of our Salinas farmers’ markets. He will assist Ulises Dueñaz in managing the farmers’ market, communicating with the farmers, customers, patients in our community food programs, and community partners. He will provide bilingual farmers’ market customer service and in-person Market Match and Fresh Rx program services at farmers’ markets.

Lesly Morales, Fresh Rx Program Coordinator/Market Program Manager: Morales is fluent in Spanish and English and has a year of experience in farmers’ market operations, managing our Pacific Grove market and two of our Salinas farmers’ markets. She oversees Everyone’s Fresh Rx produce prescription program in collaboration with local healthcare providers. She will provide bilingual support to Fresh Rx participants who frequent the farmers’ market to redeem their produce prescriptions and purchase produce at the farmers’ markets.

Beatriz Espinoza, Edible Education Coordinator/Market Program Manager: Espinoza is fluent in Spanish and English and has nine months experience in farmers’ market operations, managing our Pacific Grove market and two of our Salinas farmers’ markets. She oversees Everyone’s Harvest’s Edible Education cooking workshops and nutritional tastings, and she will provide bilingual food navigation services, nutrition education, and in-person Edible Education program services at the farmers’ markets.

Michelle Clark, Office and Finance Manager: Clark has experience illustrating data outcomes, providing program support, handling grant reports, program budgeting, administration and logistics to ensure program success. She manages and maintains the integrity of the program databases and reports. She will be a grant administrator, and her duties will include bookkeeping, invoices, project databases, collecting and tracking all market related fees, and making sure all permits are up to date.

She will also work with the Executive Director and staff to effectively analyze market data to make sure successful market outcomes are achieved.

Page 6 of 31 ends

Packet Page 312
CCAH Interns, Interns of Collaborative Health and Human Services (CHHS) from California State University, Monterey Bay (CSUMB): will assist with Edible Education nutrition education and Food Navigation at farmers’ markets.

4. WORKPLAN
Everyone’s Harvest’s vision for the Seaside Certified Farmers’ Market is to have a new shopping experience for the City of Seaside. Community members will have the opportunity to move away from the large impersonal supermarket experience to a lively outdoor social marketplace featuring fresh, local produce and supporting local small-scale multicultural farmers and locally-owned restaurants and artisans.

The market will:
❖ Create an outdoor marketplace for the local community ❖ Increase business for sustainable and organic small-scale farmers, local artisans, and local businesses
❖ Attract additional tourists to the City of Seaside
❖ Bring people from diverse backgrounds together
❖ Support farmer/consumer relationships
❖ Create a platform for Seaside restaurants and local groups to reach out to the public ❖ Establish free booth spaces for local nonprofits, community groups and school clubs, with a minimum of three (3) free spaces reserved weekly for the City and/or non-profit groups selected by the City
❖ Allow volunteers and students to participate in the production of the market ❖ Provide a venue for musicians and entertainers to perform The primary development strategy is to create a market where all of the produce available is local, sustainably grown, primarily organic, and to provide a social event where people come together. The market as a social event will be provided through seating, free live music, entertainment, a children’s activity table, a community information booth, and free booth spaces for local community groups.

Locals can transform their grocery shopping experience from an individual task to a fun public weekly gathering. The market will be a place where the community can come together.

Products sold to customers by vendors will be:
❖ Fresh, local, and sustainably grown fruits and vegetables ❖ Delicious prepared foods
❖ Artisan foods and crafts
(non-food items will be limited to a maximum of 25% of vendor sales dedicated to non-food products)
Services provided by the organization will be:
❖ Event Coordination
❖ Extensive advertising, featuring the City’s name and/or logo in a prominent position on all marketing materials
❖ A system of redemption for EBT/WIC & Market Match
❖ Community outreach
❖ Children’s activity table
❖ Community information booth
❖ Organization of interactive cooking workshops and demonstrations ❖ Comfortable seating
❖ Recycle, trash, and compost bins

Page 7 of 31 ends

Packet Page 313
❖ Staff and volunteers to assist in advertising the market, organizing special events at the market and help with vendor set up and break down
The key to success will be to connect small-scale farmers with Seaside’s authentic restaurants and involve local residents in the creation and operation of the market. Everyone’s Harvest’s aim is to provide only fresh, sustainably grown produce from small-scale farmers, and a unique marketplace reflecting the multicultural Seaside community featuring local artisans.

EH MARKET FEES
OFF-SEASON: WINTER: Nov. 1 - March
ON-SEASON: March 1 -– Nov 1.

SINGLE MARKET FEE
SINGLE MARKET FEE 5x5-foot space=$27.00
5x5-foot space = $37.00 10x10-ft space=$42.00
10x10-foot space = $52.00 20x10-foot space=$62.00
20x10-foot space = $72.00 30x10-foot space=$82.00
30x10-foot space = $92.00
MONTHLY FEE (4 MARKETS):

MONTHLY FEE (4 MARKETS): 5x5-foot space = $103.00
5x5-foot space = $138.00 10x10-ft space =$158.00
10x10-foot space = $198.00 20x10-ft space = $233.00
20x10-foot space = $273.00 30x10-ft space =$313.00
30x10-foot space = $348.00
MONTHLY FEE (5 MARKETS):

MONTHLY FEE (5 MARKETS): 5x5-foot space = $128.00
5x5-foot space = $175.00 10x10-ft space = $200.00
10x10-foot space = $245.00 20x10-ftspace = $295.00
20x10-foot space = $340.00 30x10-ftspace = $390.00
30x10-foot space = $435.00

DETAILED SITE PLAN
See Appendix C: Load in and Load out Plans & Site Maps for Three Proposed Market Locations

1. Broadway Ave

2. City Hall

3. Oldemeyer Center Plan #1

4. Oldemeyer Center Plan #2
For all the above proposed sites, the Seaside market set-up is from an hour before the market opens and breakdown is for an hour after the market closes. Note that these are only estimates and will be further clarified through the scopes of services for all projects. Actual hours and costs may vary from the identified estimates below, depending on each scope of service.

PROJECT DESCRIPTION
SEASIDE CERTIFIED FARMERS’ MARKET SERVICES:

The Seaside Certified Farmers’ Market will include certified California growers, prepared food, local artisans, and performers. The market will include a Market Information Booth staffed by Everyone’s

Page 8 of 31 ends

Packet Page 314
Harvest. Under this scope of work, the City of Seaside will be invoiced for market costs up to a total not to exceed $24,600 per year.

Below is the list of identified projects and services Everyone’s Harvest anticipates providing to the City of Seaside under this scope of work from April 6, 2023 to April 5, 2024 and April 6, 2024 to April 5, 2025, if the contract is extended for a second year. The proposal includes a total of 42 markets in the first year from an anticipated start date during the week of May 28, 2023 to April, 2024 and, if the contract is extended for a second year, 50 markets from April 2024 to April 2025. The markets will be closed for two weeks between the Christmas and New Year’s Day holidays in 2023-2024 and 2024-2025.

Based on feedback from the Seaside community survey and vendor surveys, we are proposing that the market occurs every Thursday from 3:00pm to 7:00 pm, Saturday from 10:00 AM to 2:00 PM, or Saturday from 12:00 PM to 4:00 PM. Sunday from 12:00 PM to 4:00 PM was the least popular choice based on the Seaside community and vendor survey results, and would be the most logistically challenging for Everyone’s Harvest, given that our weekly Sunday market in Marina occurs from 10:00 AM to 2:00 PM.

Project Details and Timeline for Seaside Certified Farmers’ Market:

1. Everyone’s Harvest estimates employees will spend an average of 22 hours a week between four employees on the Seaside Certified Farmers’ Market on and off site.

2. Two months before the market grand opening: Current scope of work defines these activities from April to May 28, 2023:
a. Determine with the City of Seaside the location, parking, day and time and grand opening date of the market.
b. Obtain the following permits which necessitates, at minimum, a six week time period from the date that the market’s physical location is determined. Permits cannot be issued before the market operator, location, day, and time of the market are determined:
i. California Department of Food and Agriculture certified farmers’ market certificate,
ii. Health permit from the Monterey County Health Department’s Environmental Health Bureau,
iii. Business license from the City of Seaside,
iv. Fire department inspection and permits where applicable, v. WIC Farmers Market and Senior Market Nutrition Programs Farmers Market authorization,
vi. CalFresh/Supplemental Nutrition Assistance Program (SNAP)/Electronic Benefits Transfer (EBT) authorization (takes a minimum of six weeks). c. Recruit vendors; farmers and local businesses,
d. Sign up nonprofits, community groups and school clubs to support and participate in the market,

Page 9 of 31 ends

Packet Page 315
e. Coordinate Community Food Program details,
f. Amend existing insurance plan to increase coverage to include the Seaside farmers’ market,
g. Organize live music, entertainment and educational workshops for the market, h. Buy market equipment.

3. One month before the market grand opening:
a. Launch advertising for the market’s grand opening through the following methods:

Press releases, print and digital announcements in local newspapers and event sections, social media campaigns, posters, flyers, signs, postcard and email announcements, and public service announcements on radio and television.
b. Provide presentations about the market opening and market information to local community groups.

4. Grand Opening in late May/early June 2023 and future:
a. Facilitate the market grand opening:
b. Seaside Market will operate every Thursday, Saturday or Sunday at times to be determined in consultation with the City of Seaside;
c. Maintain the ongoing market event;
d. January to April, 2024, meetings with City of Seaside and Everyone’s Harvest administrative staff will take place to reflect on the first farmers’ market and Community Food Program season and to make adjustments for the season to come.

STAFFING PLAN
On-site services, total of 18 hours weekly:
● Market Program Manager for 10 hours at $22.00 per hour ● Market Program Manager for 8 hours at $22.00 per hour Off-site services, total of 4 hours weekly:
● Executive Director for 2 hours per week at $37.00 per hour ● Office and Finance Manager for 2 hours per week $31.00 per hour Executive Director provides for Seaside Certified Farmers' Market:
● Planning and coordination of Seaside Market details with the City of Seaside. ● Acquiring all required permits (see above).
● Furnishing to the City of Seaside a copy of all permitting required to operate the Seaside Farmers’ Market from other local, county or state health and/or safety agencies. ● Coordination, supervision, and support of Everyone's Harvest Seaside Market staff.

Market Program Managers provide for Seaside Certified Farmers’ Market:

Page 10 of 31 ends

Packet Page 316
● Off-site: Recruit farmers and vendors to participate in the Seaside Certified Farmers’ Market ● Off-site: Conduct outreach and advertising for the Seaside Market including coordinating advertisements and the distribution of Seaside Market posters and postcards throughout the City of Seaside, Health Department, and local area.
● On-site:Coordinate all Seaside Market set-up and take-down activities, including placement of traffic barriers, direction of vendor traffic entering and exiting the market, assignment of vendors to booth spaces, and placement of trash, recycling, and compost bins (provided by Everyone’s Harvest). Bin contents will be monitored throughout the market to ensure that biodegradable, compostable, and recyclable products and food waste are being disposed of properly and the bins are never allowed to overflow.
● Maintain on site at all times copies of all permits required to operate the farmers’ market from the City of Seaside and all other local, county or state health and/or safety agencies. ● Enforce all Everyone’s Harvest Rules and Regulations and governmental rules and regulations (including but not limited to California State Agricultural Commissioner, Monterey County Health Department rules and regulations, and Chapter 8.60 of the City of Seaside’s municipal code, “Environmentally Preferable Food Packaging,” requiring that all disposable food service ware used by vendors shall be biodegradable, compostable, or recyclable, and proper disposal of all organic food waste from vendors and producers with unsold produce in compliance with SB1383).
● Organization of current participants' documents (collecting and filing): Participants' Applications, Rule-Sign-Off, Hold harmless agreements, and current permits. ● Distribution and collection of participants' Certified Producer Load Lists. ● Collection of all fees and receipts from market vendors. ● Determination of participants' role and if any, restrictions on produce sold at Seaside Market to ensure variety and market success.
● Organization of participants' spaces at the market.
● Communication with Seaside Market vendors and participants. ● Removal of recycling, compost, and trash in Everyone’s Harvest bins and disposal of their contents in the proper receptacles at Everyone’s Harvest’s office. ● Removal of debris and food from market premises after every market using Everyone’s Harvest’s cleaning supplies to prevent any waste entering the stormwater drainage system in keeping with Central Coast Regional Water Quality Control Board regulations. ● Off-site: One Market Program Manager to prepares reports for market regarding vendor fees collected, vendor and customer attendance, and EBT, Market Match, and Fresh Rx produce prescription use at the Seaside Farmers’ Market
● Off-site: One Market Manager prepares paperwork for the upcoming market, including vendor fee collection system, EBT, Market Match and Fresh Rx reimbursement checks, forms for tracking EBT, Market Match, and Fresh Rx use, and certified producer load lists.

Office and Finance Manager provides for the City of Seaside:
● Management of data regarding vendor fees, vendor and customer attendance, and EBT, Market Match, and Fresh Rx produce prescription use at the Seaside Farmers’ Market, ● Coordination of redemption, reconciliation, and reimbursement to vendors for purchases of produce and eligible food items completed by customers using CalFresh/EBT, Market Match, and Fresh Rx,
● Purchasing of all Seaside Market supplies,
● Management of market-related costs, including permitting fees, staffing, equipment, advertising, etc.
● Submission of invoices to the City of Seaside.

Page 11 of 31 ends

Packet Page 317
Fresh Rx Program Coordinator provides for Seaside Certified Farmers’ Market:

Coordinate Fresh Rx Program to help Seaside families access healthy, affordable fruits and vegetables (services offered free of charge to Seaside Farmers’ Market, as the position is funded by a grant to Everyone’s Harvest for the Fresh Rx program).

Edible Education Program Coordinator provides for Seaside Certified Farmers’ Market:

Coordinate Market Match, Edible Education, and Food Navigation Programs to help Seaside families access healthy, affordable fruits and vegetables (services offered free of charge to Seaside Farmers’ Market, as the position is funded by a grant to Everyone’s Harvest for the Edible Education Program).

FLAT RATE FOR THE SEASIDE CERTIFIED FARMERS’ MARKET SERVICE Under this scope of work, the flat rate Everyone’s Harvest will invoice the City of Seaside to operate the Seaside Certified Farmers’ Market from April 6, 2023 to April 5, 2024, including eight weeks of preparation for a total of 50 weeks of market operation, is $492 per week for 50 weeks, not to exceed $24,600 per year. Any expenses incurred over $24,600 will be paid for by Everyone’s Harvest. Vendor fees collected by Everyone’s Harvest at the Seaside Market will be reported to the City of Seaside when Everyone’s Harvest invoices the City.

The flat rate includes the following fee structure:

On-site services, total of 18 hours weekly;
● Market Program Manager for 10 hours at $22.00 per hour ● Market Program Manager for 8 hours at $22.00 per hour Off-site services, total of 4 hours weekly;
● Executive Director for 2 hours per week at $37.00 per hour ● Office and Finance Manager for 2 hours per week $31.00 per hour ADDITIONAL COSTS FOR THE OLDEMEYER SEASIDE CERTIFIED FARMERS’

MARKET PER YEAR
Additional costs for this scope of work not included in the flat rate to run the Seaside Certified Farmers’ Market per year include:

Permits and fees (city, county, and state) cost not to exceed $2,500 Market supplies cost not to exceed $2,000.00
Printing cost not to exceed $600.00
Advertising and Promotions cost not to exceed $2200
Produce vouchers not to exceed $2,500.00 (Distribute 500, $5.00 vouchers to Seaside community members)
Total additional costs (not including flat rate cost) $12,800 Total $41,300
Indirect costs (20%) not to exceed $8,260
Total with Indirect Cost $49,560

ADDITIONAL COSTS FOR THE CITY HALL AND BROADWAY SEASIDE CERTIFIED FARMERS’ MARKET PER YEAR
Additional costs for this scope of work not included in the flat rate to run the Seaside Certified

Page 12 of 31 ends

Packet Page 318
Farmers’ Market per year include:

Permits and fees (city, county, and state) cost not to exceed $2,500 Market supplies cost not to exceed $2,000
Printing cost not to exceed $500
Sanitation (for Broadway and City Hall locations) $5,400 or $12,850 (with temporary portable installed per market)
Advertising and Promotions cost not to exceed $2000
Produce vouchers not to exceed $2,500 (Distribute 500, $5.00 vouchers to Seaside community members)
Total additional costs (not including flat rate cost) $17,900 Total $46,400 or $53,850 (with temporary portable installed per market) Indirect costs (20%) not to exceed $9,280 or $10,770 (with temporary portable installed per market) Total with Indirect Cost: $55,680 or $64,620 (with temporary portable installed per market)

ADDITIONAL SERVICES INCLUDED IN THE FLAT RATE

1. EBT (Electrical Benefit Transfer): Everyone’s Harvest’s redemption system will allow low-income families on Temporary Aid to Needy Families (TANF) to use their EBT card at the Seaside Farmers’ Market. No power needed for this activity.

2. MARKET MATCH (incentive program): Everyone’s Harvest will participate in the Market Match program. This will allow every EBT customer who conducts a $15 transaction at the Seaside Farmers’ Market to receive a match up to $15 worth of produce through Market Match fund incentives per day. The program runs when funding is available from The Ecology Center and Kaiser Foundation Hospital Fund For Community Benefit Programs of The East Bay Community Foundation or other funders.

3. WIC (Woman, Infants, and Children) and Senior FMNP vouchers: Everyone’s Harvest will provide WIC and Senior FMNP voucher program involvement. This will allow low-income families on Temporary Aid to Needy Families (TANF) the ability to use their WIC farmers’ market (FMNP) vouchers at the Seaside Farmers’ Market.

4. Everyone’s Harvest Rules and Regulations, Rule Sign-Off Form, and Vendor Application to ensure all Market vendors and participants are safe and follow governmental rules and regulations (including but not limited to California State Agricultural Commissioner and Monterey County Health Department rules and regulations).

5. Everyone’s Harvest Information Booth, including information about healthy eating, cooking at home, and access to EBT and Market Match benefits at every Seaside Farmers’ Market.

6. Use of Everyone’s Harvest equipment and supplies at every Seaside Farmers’ Market, including signage consisting of three sandwich board signs at each entrance and in the middle of the market, announcing our market, programs, and health code requirements concerning animals; sandwich board signs delineating the certified producer section at each end of the certified producer section, and a banner over our information table covered with a tablecloth containing our name and logo.

7. Coordination, communication, goal setting, and evaluation with Everyone’s Harvest Seaside Farmers’ Market staff.

8. Collaboration with Seaside staff to determine Seaside Farmers’ Market vendors and participants.

9. Management of other participating non-profit organizations including students from the Service Learning Institute and Collaborative Health and Human Services of California State University Monterey Bay.

10. Monthly market reports and deposits from vendor fees collected.

11. Monthly payment of bills pertaining to the Seaside Farmers’ Market.

Page 13 of 31 ends

Packet Page 319
Everyone’s Harvest will support with vendor fees the additional cost of operating the market beyond the maximum amount of $24,600 allocated by the City to operate the farmers’ market for the 2023-2024 season. See the attached budget in Appendix B.

VENDOR FEES COLLECTED AT SEASIDE CERTIFIED FARMERS’ MARKET It is estimated the Seaside Certified Farmers’ Market will collect vendor fees of $25,000 from June to 2023 to April 2024. These vendor fees will be reported to the City of Seaside when Everyone’s Harvest invoices Seaside by the 10th of the following month for the period being invoiced. The total estimated cost to run the Oldemeyer Seaside Farmers’ Market from April 6, 2023 to April 5 2024 is $49,560, with an estimated $25,000 in vendor fees and total expenses submitted to the City of Seaside for reimbursement will not exceed $24,600.

The total estimated cost to run the City Hall and Broadway Seaside Farmers' Market from April 6, 2023 to April 5, 2024 is $55,680, with an estimated $25,000 in vendor fees and total expenses submitted to the City of Seaside for reimbursement will not exceed $24,600.

PAYMENT SCHEDULE/ REIMBURSABLE EXPENSES FOR ALL PROJECTS Invoices shall be sent to the City of Seaside by Everyone’s Harvest by the 10th of the following month for the period being invoiced. The City of Seaside will have 30 days to reimburse Everyone’s Harvest from the date that the invoice was sent.

Reimbursable expenses will be billed in accordance. Expenditures will be made in the direct interest of the Seaside Farmers’ Market project including, but not limited to, expenses of incentives and project supplies.

SERVICES REQUIRED OF SEASIDE
● Traffic barriers and assistance with street closures where required ● Access to public restroom where available on site

5. CONFLICT OF INTEREST STATEMENT
I confirm that neither I nor any of my relatives nor any business with which I am associated nor any of the Everyone’s Harvest staff members nor any Board Members nor any of their relatives nor any business with which they are associated have any personal or business interest in or potential for personal gain from any of the organizations or projects linked to the City of Seaside, with the exception of the two Board Members listed below.

I confirm that two members of the Board of Directors of Everyone’s Harvest, Genevieve LeBlanc and Azalea Power, are currently employees of the Blue Zones Project, which may be considered as constituting a real, potential or apparent conflict of interest.

I also confirm that the disclosed information is correct and that no other situation of real, potential or apparent conflict of interest is known to me. I undertake to inform the City of Seaside of any conflict or potential conflict of which I become aware immediately following any announcement by the City of Seaside which may concern Everyone’s Harvest staff, board members and/or me. I also undertake to

Page 14 of 31 ends

Packet Page 320
inform the City of Seaside of any change in these circumstances, including – if an issue arises – during the course of Everyone’s Harvest’s association with the City of Seaside as a service provider.

6. SUPPORTIVE INFORMATION/REFERENCES
References

1. Amanda Meyer 3. Hillary Fish
Health Promotion Manager Director of Marketing and
Salinas Valley Memorial Community Relations
Healthcare System Natividad Medical Center
450 Romie Lane 1441 Constitution Ave
Salinas, CA 93901 Salinas, CA 93906
[email protected] [email protected]
(831) 757-4333 ext. 1445 (831) 783-2693

2. Andrea Rosenberg 4. Niaomi Hrepich, RD
Assistant Administrator WIC and CalFresh Healthy
Natividad Medical Center Living Program Director
1441 Constitution Ave Monterey County Health
Department Salinas, CA 93906
32 East Alisal St. [email protected]
Salinas, CA 903905 (831) 783-2562
[email protected]
(831) 796-2872

5. Bill Peake, Mayor
City of Pacific Grove
300 Forest Ave.

Pacific Grove, CA 93950
[email protected]
(831) 648-3100

7. APPENDIX A: CERTIFICATE OF CURRENT INSURANCE
Everyone’s Harvest currently carries and maintains insurance with Nonprofit Insurance Alliance of California which includes the following limits of coverage for six operating certified farmer’s markets. Going forward and upon request, the Seaside Certified Farmers Market will be added onto our existing commercial general liability policy. This addition should take no longer than seven days to become active.

General Aggregate Limit (other than product-completed operations - $2,000,000 Products - Completed Operations Aggregate Limit - $2,000,000 Personal and Advertising Injury Limit - $1,000,000
Each Occurrence Limit - $1,000,000
Damage to Premises Rented - $500,000
Medical Expense Limit - $20,000

Page 15 of 31 ends

Packet Page 321
Everyone’s Harvest currently carries and maintains a Commercial Umbrella policy with Nonprofit Insurance Alliance of California with the list of coverage and limits.

Occurrence - $5,000,000
Aggregate Limit - $5,000,000
Everyone’s Harvest currently carries and maintains Directors and Officers Liability policy with Nonprofit Insurance Alliance of California with the list of coverage and limits.

Each Wrongful Act - $1,000,000
Annual Aggregate - $1,000,000
Everyone’s Harvest currently carries and maintains business auto coverage insurance with Nonprofit Insurance Alliance of California with the list of coverage and limits.

Liability CSL - $1,000,000
Hired Auto - Included
Nonowned Auto - Included
Auto Medical Payments - $5,000
Uninsured Motorist - $1,000,000
Collision Coverage for Physical Damage - Cash Value or Cost of Repair minus $1,000 Deductable Comprehensive Coverage for Physical Damage - Cash Value or Cost to Repair minus $1,000 Deductable
Everyone’s Harvest currently carries and maintains Workers Compensation coverage through State Compensation Insurance Fund which includes statutory coverage of $1,000,000 for each staff member. Any additional staff needed to successfully operate the Seaside Certified Farmers Market will immediately be added onto our existing Workers Compensation policy once hired. This addition should take no longer than seven days to become active.

Page 16 of 31 ends

Packet Page 322
ACORD®
~ I
I
~
□ □
~
~
Fl □ □
~
~ ~
~ ~
~ ~
~ H
I I
I I I
□
I
2/10/2023
HUB International Insurance Services Inc #0757776
401 Fremont Street, Suite 100
Monterey CA 93940
Jessica Mendoza 831-642-4012 831-920-0106 [email protected] State Compensation Insurance Fund of California EVERHAR-01 Nonprofits' Insurance Alliance of California, Inc Everyone's Harvest
31 Upper Ragsdale Dr. Ste 4
Monterey CA 93940

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

PHONE
(A/C, No, Ext):

FAX
(A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : 35076
INSURED INSURER B : 1184
INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC
HIRED

AUTOS ONLY
1554189530
B X 1,000,000 X 500,000 20,000 1,000,000 2,000,000
2023-24982 4/25/2022 4/25/2023
2,000,000
B 1,000,000 X
X
2022-24982 4/25/2022 4/25/2023
B X
2022-24982-UMB 4/25/2022 4/25/2023
5,000,000 5,000,000
A 1909799-23 2/1/2023 2/1/2024
1,000,000 1,000,000 1,000,000

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Page 323

APPENDIX B: BUDGET
SEASIDE BROADWAY AND CITY HALL Certified Farmers' Market Annual Budget
50 Markets
INCOME Market
Income
Pending
Vendor
Fees
Seaside
Support
Confirmed
Total
Market income - vendor fees collected
from food vendors and farmers. $ - $ 25,000 $25,000
Seaside Support $ 24,600 $24,600
Total Income $ - $ 25,000 $ 24,600 $ 49,600
EXPENSES Market
Expenses Total
Personnel
Executive Director $ 4,500 $ 4,500
Market Program Manager $ 12,000 $ 12,000
Market Program Manager $ 9,000 $ 9,000
Food Navigator
Office Manager $ 3,000 $ 3,000
Total Personal $ 28,500 $ - $ 28,500
Outside Contract Services $ -
Entertainment $ 2,500 $ 2,500
Operating Costs
Permits and fees (city, county, and
state) $ 2,500 $ 2,500
Market supplies $ 2,500 $ 2,500
$ -
Mileage Reimbursement $ -
Printing $ 500 $ 500
Sanitation (trash service) $ 5,400 $ 5,400
Promotions
Advertising Budget in Seaside Contract $ 2,000 $ 2,000
Produce Vouchers $ 2,500 $ 2,500
Total Direct Expenses $ 46,400 $ - $ 46,400
Everyone's Harvest in-direct cost at
20% including travel, postage,
telecommunications, and insurance.
$ 9,280 $ - $ 9,280
Total Expenses $ 55,680 $ - $ 55,680
Net Income $ (55,680) $ 25,000 $ (6,080)
*Total budget incorporated into 2023 budget, not including in-direct charge to be allocated quarterly.

Packet Page 324
SEASIDE BROADWAY AND CITY HALL (with temporary portable installed per market) Certified Farmers' Market Annual Budget 50 Markets
INCOME
Market
Income
Pending
Vendor
Fees
Seaside
Support
Confirmed
Total
Market income - vendor fees collected
from food vendors and farmers. $ - $ 25,000 $25,000
Seaside Support $ 24,600 $24,600
Total Income $ - $ 25,000 $ 24,600 $ 49,600

EXPENSES
Market
Expenses
Total
Personnel
Executive Director $ 4,500 $ 4,500
Market Program Manager $ 12,000 $ 12,000
Market Program Manager $ 9,000 $ 9,000
Food Navigator
Office Manager $ 3,000 $ 3,000
Total Personal $ 28,500 $ - $ 28,500
Outside Contract Services $ -
Entertainment $ 2,500 $ 2,500
Operating Costs $ -
Permits and fees (city, county, and
state) $ 2,500 $ 2,500
Market supplies $ 2,500 $ 2,500
$ -
Mileage Reimbursement $ -
Printing $ 500 $ 500
Sanitation (trash service) $ 12,850 $ 12,850
Promotions $ -
Advertising Budget in Seaside
Contract $ 2,000 $ 2,000
Produce Vouchers $ 2,500 $ 2,500
Total Direct Expenses $ 53,850 $ - $ 53,850
Everyone's Harvest in-direct cost at
20% including travel, postage,
telecommunications, and insurance.
$ 10,770 $ - $ 10,770
Total Expenses $ 64,620 $ - $ 64,620
Net Income $ (64,620) $ 25,000 $ (15,020)
*Total budget incorporated into 2023 budget, not including in-direct charge to be allocated quarterly.

Packet Page 325
SEASIDE OLDEMEYER Certified Farmers' Market Annual Budget 50 Markets
INCOME
Market
Income
Pending
Vendor
Fees
Seaside
Support
Confirmed
Total
Market income - vendor fees
collected from food vendors and
farmers.
$ - $ 25,000 $25,000
Seaside Support $ 24,600 $24,600
Total Income $ - $ 25,000 $ 24,600 $ 49,600

EXPENSES
Market
Expenses
Total
Personnel
Executive Director $ 4,000 $ 4,000
Market Program Manager $ 12,000 $ 12,000
Market Program Manager $ 9,500 $ 9,500
Food Navigator $ - $ -
Office Manager $ 3,000 $ 3,000
Total Personal $ 28,500 $ - $ 28,500
Outside Contract Services $ -
Entertainment $ 2,500 $ 2,500
Operating Costs
Permits and fees (city, county, and
state) $ 2,500 $ 2,500
Market supplies $ 2,500 $ 2,500
$ -
Mileage Reimbursement $ -
Printing $ 600 $ 600
Sanitation (trash service) $ - $ -
Promotions
Advertising Budget in Seaside
Contract $ 2,200 $ 2,200
Produce Vouchers $ 2,500 $ 2,500
Total Direct Expenses $ 41,300 $ - $ 41,300
Everyone's Harvest in-direct cost at
20% including travel, postage,
telecommunications, and insurance.
$ 8,260 $ - $ 8,260
Total Expenses $ 49,560 $ - $ 49,560
Net Income $ (49,560) $ 25,000 $ 40
*Total budget incorporated into 2023 budget, not including in-direct charge to be allocated quarterly.

Packet Page 326

9. APPENDIX C: LOAD IN AND LOAD OUT PLANS & SITE MAPS FOR THREE

PROPOSED MARKET LOCATIONS

1. Broadway

2. City Hall

3. Oldemeyer Center Plan #1

4. Oldemeyer Center Plan #2
Broadway Farmers’ Market Load In and Load Out Plan for the Everyone’s Harvest (EH) Certified Farmers’ Market (CFM)
Traffic Control Plan
The City of Seaside will supply “No Parking” and “Detour” signs as well as traffic barriers prior to the beginning of the market ( three saw horses fitted with two barricades between them or similar barricades at each intersection). Two hours before the start of the market, “No Parking” signs will be placed along Broadway prohibiting parking in all spaces between Hillsdale and Alhambra streets.

Signs can be set-up as earlier in the day as the city recommends, but no later than an hour before the start of the market. One hour before the start of the market, traffic barriers will be placed simultaneously (this requires two staff members if City staff are not available to assist) across Broadway at the intersections of Alhambra and Hillsdale streets, allowing traffic to flow on Alhambra and Hillsdale streets. “Detour ahead” signs will be placed at the intersections of Broadway with Calaveras and Contra Costa streets, and “Detour” signs will be placed on the traffic barriers across Broadway, directing traffic to turn right and left on Hillsdale and Alhambra streets.

All cars must be removed from market areas once the streets are closed. Staff will visit nearby businesses and try to find the owners of any remaining cars. If no owners can be found, then staff will contact City of Seaside non-emergency police dispatch at: (831) 394-6811 for help contacting owners and towing cars as a last resort if needed.

Vendors may begin to enter the market area from the side street closest to their booth space and from both the west and east ends of Broadway an hour before the market opens. Vendors will be directed by market staff to their assigned booth spaces, providing a map to vendors and using chalk to delineate the boundaries of each vendor’s designated space. Everyone’s Harvest applies the following protocol to the market set up (from Everyone’s Harvest Rules and Regulations):

Weather permitting, the EH Market Manager will close off the market site at least one hour before market opening.

Participants shall arrive at least 30 minutes before the start of the EH CFM(s) or their space may be occupied by another vendor. Participants with Temporary Food Facilities Facility permits must arrive at least 60 minutes before the opening of the market or they will not be allowed to sell at the EH CFM on that day. Participants that fail to be in attendance 30 minutes before the start of the EH CFM are considered late.

No Participant may leave the EH CFM(s) before the EH CFM(s) closes without permission.

Leaving early may cause the Participant to be excluded from future EH CFMs.

A Participant is not allowed to enter the EH CFM(s) after EH CFM(s) starting time without EH Market Manager approval and supervision.

Page 21 of 31 ends

Packet Page 327

Auto and truck flow must not endanger pedestrians. Participants entering the EH CFM(s) area must drive very carefully and always under 3mph. If a Participant needs to move any cones or barricades to get their vehicle in or out of the EH CFM area, they must be immediately replaced after entering or exiting. If any Participant does not follow the above procedure, they will be fined and/or subject to being excluded from selling at EH CFM(s).

Participant parking is the sole discretion of the EH Market Manager.

Market Set-up
After placing barricades, two “Farmers’Market Ahead” signs will be placed on Del Monte Avenue and Fremont Avenue. A third and fourth sign will be placed along Broadway between Contra Costa and Hillsdale and between Calaveras and Alhambra streets.

Certified Producer Area Signs
Certified Producer signs will be set up with arrows that face each other to designate the certified producer section of the farmers’ market. As part of Certified Farmers Market regulations, we must designate the specific area in which the certified producers are located.

Certified producer farms are inspected by the County to determine that the fruits, vegetables, and other agricultural products they sell are in fact grown on their farms.

If using the chalkboard signs, we will set one up next to the vendor that starts the certified producer area and one on the other side next to the vendor at the end of the certified producer area.

Information Booth General Set Up
A table under a tent will be set up facing the customers at the market (see map). A green banner with the label “Market Manager/ information/ EBT” will be attached to the front of the tent.

Printed materials, including The Edible Magazine, food resource pamphlets, rack cards, EBT/Market Match info cards, and recipes will be placed on the table and/or on a magazine rack. The table will also include voucher cards and EBT machines. A speaker will also be available to play music during times when musicians are not scheduled to play.

Recycling, trash, and compost bins will be placed close to the info table to enable staff to monitor the trash levels and replace trash bags if needed.

Market Info Sandwich Boards: Three white No Dogs/We accept EBT signs will be placed at both market entrances at the Hillsdale and Alhambra street ends of the market and another in the middle of the block. Two green EBT/Market Match sandwich board signs will be placed at either side of the white sign in the middle of the market and/or at either side of the info table.

Closing Down the Market
Participant Traffic Control: All participants will be given at least one hour after the market to break down their booths and exit from the market entrance closest to their booth space. The market staff will direct vendors where to exit and monitor the traffic barricades to ensure that they are maintained in place after each vendor leaves.

Page 22 of 31 ends

Packet Page 328
Sign and Equipment Removal: Staff will first collect the sandwich board signs from Del Monte and Fremont Avenue and along Broadway between Contra Costa and Hillsdale and between Calaveras and Alhambra streets. Staff will load all remaining EH signs, tent, table, and chairs.

Traffic Barricade Removal: Staff will wait until the last vendor has left before taking down the barricades across the two market entrances, removing the barricades at either end of Broadway simultaneously.

Port-a-potty and Trash Removal: If necessary, staff will lock up the port-a-potty after asking if any vendors still in the area need to use it. All trash, recycling, and food waste will be removed by EH staff from the premises and disposed of at the EH offices. Staff will make a sweep of the area to ensure that there is no remaining trash left from participants in the market.

Additional Information regarding the Broadway Farmers’ Market:

Nearest Bus Routes to the Broadway Farmers’ Market: MST Routes 20, A, & B (five minute walk from nearest bus stops)
Vendor Capacity:

With booth spaces ranging between 5x5, 10x10, 20x 10 and 30x10, the market has a capacity to accommodate approximately 15 to 30 vendors, excluding the Everyone’s Harvest Booth and the 3-5 additional booths reserved for community groups.

Page 23 of 31 ends

Packet Page 329

- -
- -
-
Attachment A-1 Site Map – 3) Broadway Ave
EH Everyone's Harvest Booth F Farmers
E Entertainment V Vendors
C Community Groups Barricades
E EH
F
F
C
V
V
F V
V
F
V
C
C
F V
F
V
V
F V
V
F V
V
V
C V
Porta Potty
Packet Page 330
City Hall Farmers’ Market Load-In and Load-Out Plan
One hour before the start of the market, traffic barriers will be placed simultaneously (this requires two staff members if City staff are not available to assist) across the Harcourt Street entrance of the parking lot closest to City Hall and across the parking lot half way between the bank of solar panels that is closest to City Hall and the nearest set of traffic islands.

All cars must be removed from market areas once both entrances of the market are closed off. Staff will visit nearby businesses and try to find the owners of any remaining cars. If no owners can be found, then staff will contact City of Seaside non-emergency police dispatch at: (831) 394-6811 for help contacting owners and towing cars as a last resort if needed.

Vendors may begin to enter the market from both entrances to the parking lot from Harcourt Street one hour before the market opens. Vendors will be directed by market staff to their assigned booth spaces, providing a map to vendors and using chalk to delineate the boundaries of each vendor’s designated space. Everyone’s Harvest applies the same protocols to the market set up (from Everyone’s Harvest Rules and Regulations) as listed under the Broadway Farmers’ Market set-up described above, except for the following modifications:

Market Set-up
After placing barricades, four “ Farmers Market Ahead” signs will be placed at Del Monte and Fremont Boulevards, and at either end of Harcourt Avenue.

Market Info Sandwich Boards: Three white No Dogs/We accept EBT signs will be placed at both market entrances and another in the middle of the parking lot. Two green EBT/Market Match sandwich board signs will be placed at either side of the white sign in the middle of the market and/or at either side of the info table.

Closing Down the Market
Sign and Equipment Removal: Staff will first collect the sandwich board signs from Del Monte and Fremont Boulevards, and at either end of Harcourt Avenue. Staff will load all remaining EH signs, tent, table, and chairs.

Traffic Barricade Removal: Staff will wait until the last vendor has left before taking down the barricades across the market entrances, removing the barricades at either end of the parking lot simultaneously.

Additional Information regarding the City Hall Farmers’ Market:

Nearest Bus Routes to the City Hall Farmers’ Market’ Market: MST Route A, & MST Route B (eight minute walk to nearest bus stops)
Vendor Capacity:

Page 25 of 31 ends

Packet Page 331

V
F
Attachment A-2 Site Map – 2) City Hall Parking Lot
Farmers EH Everyone's Harvest Booth
Barricade E Entertainment Vendors C Community Groups

V V V V V E C EH
C

V F F F
F
C

F F F F
V

V V V F
C
Porta Potty V V V F
V F
V V
Handicapped Parking
Additional Parking
Entrance
Exit
Entrance
Exit
Packet Page 332

Oldemeyer Plan #1 Farmers’ Market Load-In and Load-Out Plan Since exiting the Oldemeyer Center parking lot onto Hilby Avenue is currently prohibited, we are requesting that the City of Seaside supply a temporary or semi permanent traffic control sign (Exit, Right Turn Only) during market operating hours at the corner entrance of the Oldemeyer parking lot located on Hilby Avenue. This will allow patrons and staff to exit the market safely and provide handicapped, customer and staff parking (refer to Oldemeyer 1& 2 sitemaps).

One hour before the start of the market, traffic barriers will be placed simultaneously (this requires two staff members if City staff are not available to assist) across the parking lot between the facade of the Oldemeyer Center and the opposite side of the parking lot (approximately 100 feet from the Hilby entrance) and across the parking lot at the entrance/exit turning onto Wheeler Street.

All cars must be removed from market areas once both entrances of the market are closed off. Staff will check in the Oldemeyer Center and visit any nearby businesses to try to find the owners of any remaining cars. If no owners can be found, then staff will contact City of Seaside non-emergency police dispatch at: (831) 394-6811 for help contacting owners and towing cars as a last resort if needed.

Vendors may begin to enter the market from both entrances to the Oldemeyer parking lot off of Hilby and Wheeler one hour before the market opens. Vendors will be directed by market staff to their assigned booth spaces, providing a map to vendors and using chalk to delineate the boundaries of each vendor’s designated space. Everyone’s Harvest applies same protocols to the market set up (from Everyone’s Harvest Rules and Regulations) as listed under the Broadway Farmers’ Market set-up described above, except for the following modifications:

Market Set-up
After traffic barricades have been placed, three “ Farmers Market Ahead” signs will be placed at the intersections of Hilby and Fremont, Hilby and Wheeler, and Hilby and Noche Buena.

Sign and Equipment Removal: Staff will first collect the sandwich board signs from the intersections of Hilby and Fremont, Hilby and Wheeler, and Hilby and Noche Buena. Staff will load all remaining EH signs, tent, table, and chairs.

Page 27 of 31 ends

Packet Page 333
Bathroom Inspection and Trash Removal: If necessary, staff will inspect Oldemeyer bathrooms after asking if any vendors still in the area need to use them. All trash, recycling, and food waste will be removed by EH staff from the premises and disposed of at the EH offices or designated location. Staff will make a sweep of the area to ensure that there is no remaining trash left from participants in the market.

Additional Information regarding the Oldemeyer Farmers’ Market:

Nearest Bus Routes to the Oldemeyer Farmers’ Market’ Market : MST Routes A & B (buses stop in front of the Oldemeyer Center)
Vendor Capacity:

Page 28 of 31 ends

Packet Page 334

-
-
-
1111
-~ 1 1
F F
Attachment A Site Map – 1) Oldemeyer Parking Lot
V Vendors EH Everyone's Harvest Booth
Staff, Vendor, & Customer Parking C Community Groups E Entertainment Handicapped Parking F Farmer Traffic Barriers
s
Play Area
Sports Green Areas
Space

F F F F F C
E
Traffic F
C
V
Barricades
Entrance F F F EH V Exit
V
V
V
V
V
V
F F
C C
E
F
F
V
V
V
V
V
F
V V
V V
V V
V
V
13 Entrance
Exit
Packet Page 335

Oldemeyer Plan #2 Alternate Farmers’ Market Load-In and Load-Out Plan One hour before the start of the market, traffic barriers will be placed simultaneously (this requires two staff members if City staff are not available to assist) across the entrance of the Oldemeyer Center parking lot at Hilby and across the parking lot approximately 100 ft from the entrance/exit on Wheeler Street. This traffic control configuration will accommodate temporary handicapped parking spots adjacent to the Wheeler Street exit (refer to Oldemeyer 1& 2 sitemaps).

The Oldermeyer Plan #1 is the preferred load-in and load-out plan, as there is designated handicapped parking already available and marked at the Hilby Avenue entrance. If the existing traffic control signage cannot be temporarily changed at the Hilby entrance, as recommended in the Oldemeyer 1 plan, to allow for patrons and vendors to exit at this location, handicapped parking spots would no longer be available if the parking lot is closed at the Hilby entrance. Handicapped parking is currently only located in the parking area adjacent to Hilby Avenue.

In this Oldemeyer 2 plan, for the duration of the market each week, the City of Seaside will supply temporary handicapped parking signage and dividers for designated handicapped parking spaces adjacent to the Wheeler Street entrance, allowing patrons and staff to exit the market safely and providing both handicapped, customer and staff parking.

Vendors may begin to enter the market from both entrances to the Oldemeyer parking lot entrances off of both Hilby and Wheeler one hour before the market opens. Vendors will be directed by market staff to their assigned booth spaces, providing a map to vendors and using chalk to delineate the boundaries of each vendor’s designated space. Everyone’s Harvest applies same protocols to the market set up (from Everyone’s Harvest Rules and Regulations) as listed under the Oldemeyer Plan #1 Farmers’ Market set-up described above, except for the following modifications:

Page 30 of 31 ends

Packet Page 336

- 1111
-
- :f:!r
Attachment A Site Map – 2) Oldemeyer Parking Lot
V Vendors EH Everyone's Harvest Booth
Staff, Vendor, & Customer Parking C Community Groups E Entertainment Handicapped Parking F Farmer Traffic Barriers
s
Play Area
Sports Green Areas
Space

V V V V F C
F F E
C
V
Barricades
Traffic
F
Entrance
EH F F Exit F V

V V F V F F F
V E
V C C
F
V
V
V
V
V
V
V
V
V V
V V
13 Entrance
Exit
Booth space will range between 5x5, 10x10, 20x 10 and 30x10 15-30 Farmers and Packet Page 337
Vendors
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 1 of 18 COS Non-Construction PSA

CITY OF SEASIDE
PROFESSIONAL SERVICE AGREEMENT FOR NONCONSTRUCTION PROJECT (Certified Farmer’s Market Operator)
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective as of April, 6 2023, between the City of Seaside ("AGENCY"), a municipal corporation and Everyone’s Harvest, a California corporation ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on April 6, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 6, 2025, unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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. AGENCY MANAGEMENT
Agency’s Recreation Director or their designee shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT. Agency’s Manager shall be authorized to act on AGENCY's Packet Page 338
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 2 of 18 COS Non-Construction PSA
behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.

V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, 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 percentage of tasks completed. This amount shall not exceed TWENTY FOUR THOUSAND AND SIX HUNDRED dollars ($24,600.00) per year for a total amount of FORTY NINE THOUSAND AN TWO HUNDRED dollars ($49,000) for the term of the Agreement unless additional payment is approved as provided in this Agreement.

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 Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

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. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it 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 therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

Packet Page 339
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 3 of 18 COS Non-Construction PSA
B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY 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 AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

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 AGENCY 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 AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall Packet Page 340
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 4 of 18 COS Non-Construction PSA
permit AGENCY 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.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent 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 AGENCY shall not extend to the AGENCY’s sole or active negligence.

B. Duty to defend
In the event the AGENCY, 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 AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY 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 AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from Packet Page 341
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 5 of 18 COS Non-Construction PSA
the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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 AGENCY a wholly independent consultant and/or independent contractor. 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 AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, 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, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY 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, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY 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 AGENCY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

Packet Page 342
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 6 of 18 COS Non-Construction PSA
XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY 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 AGENCY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, 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 AGENCY's prior written authorization.

CONSULTANT, its officers, employees, agents, or sub-consultants, shall not without written authorization from the Agency Manager or unless requested by the Agency 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 AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or sub-consultants 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 AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrative proceeding Packet Page 343
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 7 of 18 COS Non-Construction PSA
connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY 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 AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

Note: The following paragraph is only to be used when the AGENCY will be taking in a fee or deposit from an applicant and use that fund to retain the CONSULTANT to prepare an EIR, Specific Plan, or some other specific document or where the AGENCY is funding a similar development-type study.

C. CONSULTANT covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultant. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the AGENCY or the study area and further covenants and agrees that CONSULTANT and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the AGENCY or the study area prior to the completion of the work under this AGREEMENT.

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:

Packet Page 344
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 8 of 18 COS Non-Construction PSA
To AGENCY: Recreation Director
City of Seaside
986 Hilby Ave, Seaside, CA 93955
To CONSULTANT: Hester Parker
Everyone’s Harvest
31 Upper Ragsdale Dr. Suite 4
Monterey CA, 93940
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 AGENCY. 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. Hester Parker may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of Hester Parker from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY 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 the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.

XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the Packet Page 345
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 9 of 18 COS Non-Construction PSA
parties to this AGREEMENT and also govern the interpretation of this Agreement.

Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

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. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of AGENCY's Request for Qualifications, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the CONSULTANT, Exhibit "A" hereto. In the event of conflict, the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing.

XXII. 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.

Packet Page 346
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 10 of 18 COS Non-Construction PSA
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By:___________________
Hester Parker
Everyone’s Harvest
______________________
Jaime M. Fontes
City Manager
City of Seaside
Attachments:Exhibit A Scope of work/Consultants proposal/Payment Schedule Exhibit B Insurance Requirements
Exhibit C Request for Qualifications
Packet Page 347
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 11 of 18 COS Non-Construction PSA
Packet Page 348
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 12 of 18 COS Non-Construction PSA

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of AGENCY, 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 AGENCY.

Note: Verify minimum limit for each coverage with Risk Manager.

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 liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the services to be performed under this Agreement, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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 three (3) years after completion of the services required by this AGREEMENT.

Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

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 AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

Packet Page 349
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 13 of 18 COS Non-Construction PSA
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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:
• 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 AGENCY 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 Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY 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 AGENCY 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 AGENCY before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Packet Page 350
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 14 of 18 COS Non-Construction PSA
Agency’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, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY 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 Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, 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 AGENCY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the AGENCY 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 AGENCY 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 AGENCY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to AGENCY 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.

Packet Page 351
(Certified Farmer’s Market Operator)
Rev. 2/19 Page 15 of 18 COS Non-Construction PSA
Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY 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.

Pass through clause. CONSULTANT agrees to ensure that its sub-consultants, 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 AGENCY for review.

Agency’s right to revise specifications. The AGENCY 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 AGENCY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Timely notice of claims. CONSULTANT shall give AGENCY 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.

Packet Page 352

RECREATION DEPARTMENT
986 Hilby Avenue Telephone 831-899-6800
Seaside, CA 93955 Fax 831-899-6274
www.ci.seaside.ca.us
Request for Proposals
Certified Farmers Market Operator
Bid Due Date: February 24, 2023, by 4:00 p.m. PST
(Proposals must be received by date and time specified to be considered) Introduction:

The City of Seaside is accepting proposals from qualified service providers to operate and manage a certified Farmers’ Market on City property in accordance with the included specification, terms, and conditions shown in the Request for Proposals (RFP).

Prospective respondents are advised to read this information over carefully prior to submitting a proposal.

Written Submission:

One signed original, three (3) copies, and one USB Flash Drive copy of the proposals must be submitted to the Front Office of the Oldemeyer Center by 4:00 p.m. Friday, December 9, 2022. Proposal shall be submitted in a sealed envelope clearly marked Certified Farmers Market Operator and addressed too:

City of Seaside
C/O Dan Meewis
986 Hilby Ave
Seaside, California 93955
Electronic Submission:

As an alternative to written proposals, proposals may be submitted electronically in pdf format, and emailed to Recreation Director Dan Meewis, at [email protected] prior to the deadline stated above. Submittals in pdf format must be fully ADA compliant.

Large files may be sent using a cloud base system such as Dropbox. Service providers shall be responsible for ensuring that proposals submitted electronically are received by the Recreation Director prior to the deadline. Proposals that are not received prior to the deadline shall not be considered by the City, even if late submission is due to technical or other error, including, without limitation, the City’s inability to open or access the electronic file. If the proposing Service Provider does not receive a confirmation from the Recreation Director that the proposal has been received, Service Provider should assume Packet Page 353
2 that the transmission failed and wither resubmit ir arrange for another method of delivery.

Service providers are also encouraged to contact the Recreation Director to confirm receipt of their proposal prior to the deadline. Proposals shall not be accepted by fax.

Questions:

Questions regarding this RFP are t be directed by email to: Dan Meewis, Recreation Director, at [email protected]. Such contact shall be for clarification purposes only. The City must receive all questions no later than Friday February 3, 2022. Material changes, if any, to the scopes of services or proposal procedures shall only be transmitted by written addendum and posted to the City website. Addendums and answers to submitted questions will be available via the City of Seaside website under “Notice” for the RFP announcement.

Late Proposals:

Proposals arriving after the specified date and time shall not be considered, nor will late proposals be opened. Each Service Provider assumes responsibility for timely submission of its proposals.

Withdraw or Modifications of Proposals:

Any proposal may be withdrawn or modified by a written request signed by the Service Provider, and received by the Recreation Director prior to the final time and date for the receipt of proposals. Once the deadline is past, Service Providers are obligated to fulfill the terms of their proposal.

Proposal Acceptance and Rejection:

The City reserves the right to accept any proposal, reject any and all proposal, and to call for new proposals or dispense with the proposal process in accordance with the Seaside Municipal Code.

Proposal Evaluation and Award:

Evaluation shall be made based on the criteria notes in Attachment B: Evaluation and Selection Criteria. A contract may be awarded to the responsible Service Provider who best meets the City’s needs by demonstrating the competence, and qualifications necessary for the satisfactory performance of the required services, shall not necessarily be based on the lowest priced proposal, but shall be based on a determination of which services offered serve the best interest of the City, except as otherwise provided by law, Packet Page 354
3 taking into consideration adherence to the included specifications. A contract may be awarded to the next responsible Service Provider if the successful Service Provider refuses or fails to execute the contract. All service Providers that were not selected by the City shall be notified in writing. Nothing herein shall obligate the City to award a contract to any responding Service Provider. Any contract awarded will be non-exclusive, and the City reserves the right to seek services from other sources, in the City’s sole discretion.

Proposed Submittal Schedule:

RFP Publish Date: DATE: January 23, 2023
Questions Due*: DATE: February 3, 2023 by 4:00 p.m.

Response to Questions Published: DATE: February 9, 2023 RFP’s Due: DATE: February 24, 2023 by 4:00 p.m.

Review of RFP’s: DATES: February 27– March 10, 2023
Interviews Conducted: DATES: TBD
(If necessary)
Approval of Contract: DATE: April 6, 2023
Start Date: DATE: May 13, 2023
*Submit all questions prior to the deadline identified above to Dan Meewis, Recreation Director at [email protected]
Disclosure of Submitted Materials:

After selection an execution of the contract(s), (or prior thereto if required by law) all information and materials provided in each submittal received is subject to disclosure through a public records request pursuant to the California Public Records Act, or otherwise as may be required by Law. The City, in its sole discretion, may release any submitted materials, regardless of whether such materials are marked by respondents as confidential or otherwise protected.

Waiver of Irregularities:

The City retains the right, in its sole discretion, to waive any irregularities in proposals that do not comply with the strict requirements of this RFP, and the City reserves the right to award a contract to a Service Provider submitting any such non-compliant proposal, all in the City’s sole discretion.

Packet Page 355
4 Validity of Pricing:

Service Providers are required to provide a fee structure including the hourly rate of the principals to be assigned to the matter, and proposed cost (line item descriptions and pricing), and expense reimbursements levels, and total costs. No cost increases shall be passed onto the City after the proposal has been submitted. No attempt shall be made to tie any item or items contained in this RFP with any other business with the City; each proposal must stand on its own.

No Guarantee of Usage:

Any quantities listed in the RFP are estimated or project and are provided for tabulation and information purpose only. No guarantee of quantities is given or implied by the City.

Service Providers must furnish the City’s needs as they arise.

Demonstrations:

When required, the City may request full demonstration prior to award. When such demonstrations are requested, the Service provider shall respond promptly and arrange a demonstration at a convenient location. Failure to a demonstration as specified by the City’s needs as they arise.

Use of Other Governmental Contracts:

The City reserves the right to reject any part or all of any proposals received and utilize other available governmental contracts.

Qualification/Inspection:

Proposals will only be considered from Service Providers normally engaged in providing the services specified herein. By responding to this RFP, the Service Provider consents to the City’s right to inspect the Service Provider’s facilities, personnel, and organization at any time, or take any other action necessary to determine Service Provider’s ability to perform. The City reserves the right to reject proposals where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to interview any or all responding Service Providers and/or to award a contract without conducting interviews.

Acceptance and Conditions:

The services rendered in response to the RFP must comply fully with the terms of the RFP. The City will make payment only after the services rendered are reviewed, and accepted as complete by the City.

Packet Page 356
5 Other Governmental Entities:

If the Service Provider is awarded a contract as a result of this RFP, the Service Provider shall, if the Service Provider has sufficient capacity, provide to other governmental agencies, so requesting, the services awarded in accordance with the terms and conditions of the RFP.

Payment Terms:

Payment shall be made as set forth in the contract attached hereto as Attachment C. In submitting proposals under these specifications, Service Providers should take into account all discounts, both trade and time, allowed in accordance with the payment terms.

Performance:

It is the intention of the City to acquire services as specified herein from a service Provider that will give prompt and convenient service.

Term of Contract:

The term of the contract will be for a specific period of time, commencing upon execution.

The City anticipates the contract to be for a term of two years with on-going one year extensions, at the option of the City. The City reserves the right to set the term for a period deemed to be in the best interest of the City, and terminate the contract as set forth therein.

Amendments:

If, in the course of the performance of the contract, Service Provider or the City proposes changes to the services provided, and informal consultation with the other party indicates that a change in the terms and conditions of the contract may be warranted, service Provider or the City may request a change in the contract. The parties to the contract will meet to discuss and negotiate the required documents. Upon completion of those negotiations, the negotiated documents will be submitted to the City for approval. Upon approval by the City, and amendment to the Contract will be approved by all parties for the change to be implemented. An amendment shall not render ineffective or invalidate any unaffected portions of the contract. Nothing in this section obligates the City to agree to any change order or other amendment, and the City may withhold such agreement in its sole discretion.

Service and support:

Packet Page 357
6 All service Providers shall explain how all on-going service and support shall be handled by the Service Provider and the City of Seaside.

Records:

The Service Provider shall maintain complete and accurate records with the respect to labor costs, material expenses, and other such information required by City that relates to the performance of the services under the contract. The Service Provider shall maintain adequate records of services provided in sufficient detail to permit an evaluation of the services. All such records shall be maintained in accordance with generally accepted accounting principals and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. The Service Provider shall provide free access to the representatives of the City or its designees, at a 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 there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to the contract. Such records, together with supporting documents, shall be maintained for City’s inspection for a period of at least seven (7) years after receipt of final payment.

Guidelines for Proposal
The following guidelines are provided for standardizing the preparation and submission of proposals. The intent is to assist respondents in the preparation of their submissions and to assist the City by simplifying the review process providing standards for comparison of submissions.

Statements submitted in response to this RFP shall include a complete response to the requirements in this section in the order presented. Statements should be a straightforward delineation of the respondent’s capability to satisfy the intent and requirements of this RFP and should not contain redundancies and conflicting statements.

Written proposals shall be printed double sided, submitted on 8-1/2” x 11 recycled paper, with easy to read font size and style. Pages shall be numbered, tabbed, and bound Packet Page 358
7 (spiral/comb/three ring binder). Tabbed dividers should separate and identify the response items described below.

Digital submissions shall include bookmarks for each section with an easy to read font size and style.

Proposals shall contain the following information in the order listed:

1. Introductory Letter
The introductory letter should be addressed to:

Dan Meewis
Recreation Director
City of Seaside
986 Hilby Ave, Seaside CA, 93955
The letter shall include the Service Provider’s name submitting the proposal, their mailing address, telephone number, and contact name. The letter shall address the Service Provider’s understanding of the project based on this RFP and any other information the Service Provider has gathered. Include a statement discussing the Service Provider’s interest and qualifications for this type of work. A principal of the firm authorized to legally bind the firm shall sign the letter.

2. Table of Contents
The Service Provider shall insert a comprehensive table of contents denoting sections three through nine of the proposal as indicated below.

3. Qualifications and Experience
Describe the Service Provider’s capability for actually undertaking and performing the work, including any professional licenses and certificates held by the Service Provider.

List types and locations of similar work performed by the Service Provider in the last five (5) years that best characterizes the quality and past performance. Include names and current phone numbers for contact on work quality and performance. References may be contacted as part of the selection process.

4. Work Plan
Packet Page 359
8 The work plan must state the Service provider’s ability to meet each specification as outlined in this document. The work plan should address the items of work described in this RFP. The plan should be simple, easy to read and follow, and address the objectives and specifications as listed in the Scope of Work in this RFP.

5. Conflict of Interest Statement
Any activities or relationships of the Service Provider that might create a conflict of interest for the Service Provider or the City, and, if such activities or relationships exist, a description of the facts, legal implications, and possible effects sufficient to permit the City to appreciate the significance of this conflict and to grant any conflict waiver, if appropriate and necessary.

6. Supportive Information/References
This section may include graphs, charts, photos, resumes, references, and any other relevant information in support of the Service Provider’s qualifications.

7. Professional Services Contract
Attached to the RFP (Attachment C) is a copy of the City’s standard Professional Services Contract (Contract). The City’s standard contract may be modified, in the City’s sole discretion, to address the specific provisions of this RFP and Service Providers should note that any specifications or other requirements specific to this RFP shall be included in the contract and contract’s exhibits following an award of the contract. Please review the contract carefully and note in your proposal any exceptions or alterations to the contract. Alterations or changes to the contract that are not in the Service Provider’s response shall not be allowed after the selection of the Service Provider. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these request upfront, the City can compare all respondents on an equal basis. However, the City reserves the right, in its sole discretion, to accept or reject any and all proposed changes to the City’s standard contract. For reference, the insurance amounts that appear in the attached contract are summarized below.

Type Single Limit /
Occurrence
Aggregate Endorsements**
Packet Page 360
9 General Liability $1,000,000 $2,000,000 Additional Insured Wavier of Subrogation
Automobile Liability Non-Commercial
Acceptable
Work Comp Employer’s
Liability
Statutory
$1,000,000 each
Waiver of Subrogation
***Must be actual endorsements. Typed statements on Certificates of Liability are unacceptable. This is a summary only. Please refer to the insurance section and/or exhibit of this Agreement for specific requirements. (See next page for Scope of Work)

SCOPE OF WORK
Background:

The City of Seaside is the largest City on the Monterey Peninsula. With a population exceeding 32,000 residents, Seaside maintains its small town charm and hospitality through the production of quality special events, and close knit community. The City last had a Farmer’s Market in 2019. It was held on the newly renovated Broadway Ave, on Saturday mornings. During the budget meetings for Fiscal Year 19/20 the funding for the continuation of the Farmer’s Market was cut.

During the Fiscal Year 22/23 budget meetings, it was determined that the City would like to bring back a Farmer’s Market. Having a Farmer’s Market in the City of Seaside is a key component for the City to achieve Blue Zones Project Certification and providing affordable, accessible and fresh fruits & vegetables for the community while also having a variety of multi-cultural vendors that reflect the City’s diversity. The City is seeking qualified persons/organizations to operate and manage a certified Farmer’s Market at one Packet Page 361
10 of the following locations: On Broadway Ave in the West Broadway Urban Village, On the Lawn at City Hall/City Hall Parking Lot, or in the Parking Lot of the Oldemeyer Center.

The City envisions a market partner that encourages strong community engagement and involvement, a focus on community building and health outcomes, reflects the diversity of our City, provides a fun and festive atmosphere, and offers strong support for local agriculture.

Objectives:

The primary objectives of the certified farmers’ market are to:

1. Create a festive community event and social gathering place

2. Offer community members an opportunity to purchase locally grown produce and artisan goods

3. Provide farmers an opportunity to sell their products locally

4. Provide local businesses, nonprofits, artisans, and musicians an opportunity to participate

5. Highlight the unique and diverse character of Seaside

6. Provide locally sourced and culturally relevant products that will appeal to a broad range of residents and visitors
Specifications and Requirements:
 The successful submitter must be certified by an accredited Farmers’ Market authority and be prepared to begin operating in the City no later May 2023.  An abundant blend of multi-cultural market vendors is desired, also, the City strives to limit the sale of non-food products to 25% or less of the total products offered.

The successful submitter will ensure a balance amongst vendors.  The successful submitter shall submit and coordinate with the city on the following:
o A detailed site plan for each potential location that includes:
 A market load-in and load-out plan (See Attachment A)  A staffing plan that designates a Farmers Market Manager responsible for the operation of the market in accordance with the Packet Page 362
11 contractual agreement developed between the Market Operator and the City.
 Trash and recycling plan during the event and the clean-up responsibilities post event, and following the parameters of Chapter

8.60 of the City’s municipal code “Environmentally Preferable Food Packaging”
 A cleaning plan to address spills during the event and cleaning using a hose/nozzle after each event to ensure the site is maintained. Hose and nozzle will be provided by operator. City will provide water access.
 Proposed signage for the site. The operator will be responsible for providing their own signage in accordance with Seaside Municipal Code (SMC).
o A proposed schedule for Market operations, including any anticipated dates the market will not operate, such as holidays or seasonal shutdowns. o The maximum capacity of Farmers’ Market vendors each week. o A Specific detail of support and services that will be required by the City of Seaside.
o A list of subcontractors and/or partners, if any, and their specific roles for the market
o A rate sheet listing fees charges by the Market Operator to vendors to participate in the Market.
 A discount to farmers, non-profit organizations, and food product vendors operating within the Seaside city limits is strongly encouraged.
o Proposals that include one or more of the following will be given priority:
 Cal Fresh/Supplemental Nutrition Assistance Program
(SNAP)/Electronic Benefits Transfer (EBT) which provides monthly benefits to purchase food.
 Use of Women, Infants, and Children (WIC) Farmers Market and Senior Market Nutrition Programs Farmers Market check redemption to purchase fresh fruit & vegetables.
 Use of coupons from a produce prescription program which provides access to free fresh fruits and vegetables for enrolled customers Packet Page 363
12  Receiving additional funds from Market Match Program that can be used to increase the purchasing power of fresh fruit and vegetables. .
o An organic waste disposal plan for unsold produce in compliance with SB1383.
o A copy of any and all permitting required to operate the Market from other local, county or state health and/or safety agencies.
 The City’s name and/or logo must be included in a prominent position on all marketing materials developed to promote the Market. If any additional benefits are given to market sponsors, the City’s support is also to be treated as a sponsor in terms of recognition and benefits.
 The successful submitter must make available a minimum of three (3) spaces each week for the City and/or non-profit groups selected by the City to distribute information and/or take registration for their programs at no cost.

Packet Page 364
13 Attachment A Site Map – 1) Broadway Ave, 2) City Hall Parking Lot, 3) Oldemeyer Parking Lot Packet Page 365
14 Attachment B: Evaluation and Selection Criteria
Evaluation Criteria
The following represent the principle selection criteria, which will be considered during the evaluation process:

Firms Qualifications, Experience, and References: Experience in performing work of a closely similar nature and size: experience working with public agencies; strength, stability, experience, and technical competence; assessment by client references.

Qualifications and Experience of Personnel and Staffing: Qualifications and experience of proposed personnel for requested services.

Work Plan: Depth of Consultants understanding of City’s requirements; overall quality and logic of work plan.

Quality and Responsiveness of the Proposal: Completeness of response in accordance with the RFP instructions.

Review and Selection Process
Staff will evaluate the merits of the proposals received in accordance with the evaluation factors stated in this RFP and formulate a recommendation. For each evaluation criteria, proposals will be evaluated on their relative strengths, deficiencies, and weaknesses.

Packet Page 366
15 Attachment C: Professional Services Agreement

CITY OF SEASIDE/SEASIDE COUNTY SANITATION DISTRICT

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS
(INSERT PROJECT NAME)
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and [insert consultant name], a [sole proprietorship, partnership, limited liability partnership, corporation] (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than <<DATE>>, unless sooner terminated pursuant to the provisions of this Agreement.

4. AGENCY MANAGEMENT
Packet Page 367
16 Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, 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 TWENTYFOUR THOUSAND AND SIX HUNDRED dollars ($24,600.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(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 Agency City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. (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. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under Packet Page 368
17 this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency 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 Packet Page 369
18 be maintained in accordance with generally accepted accounting principles and shall be clearly identi¬fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts 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. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency. (b) For All Other Liabilities
Packet Page 370
19 Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant.

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 Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, 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, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

Packet Page 371
20 12. 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 Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, 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 subagreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency 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 Agency. Response to a subpoena or court order shall not be Packet Page 372
21 considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.
(b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss¬ions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency.

Agency retains the right, but has no obli¬gation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

16. 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 Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ________________________
____________________ __
__________________ __

17. 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 Agency. Because of the personal Packet Page 373
22 nature of the services to be rendered pursuant to this Agreement, _________ shall be the Project Manager and Engineer of Record for the services described in this Agreement. __________ may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of ____________ from Consultant's employ. Should he/she leave Consultant's employ, the Agency 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 the Governing Board and the Consultant.

21. WORK SCHEDULED/TIME OF COMPLETION
Note: This section is optional and should be included only when the project is particularly timesensitive.

Packet Page 374
23 AGENCY and CONSULTANT agree that time is of the essence in this AGREEMENT. AGENCY and CONSULTANT further agree that CONSULTANT's failure to perform on or at the times set forth in this AGREEMENT will damage and injure AGENCY, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, AGENCY and CONSULTANT agree that any failure to perform by CONSULTANT at or within the times set forth herein shall result in liquidated damages of [Insert amount] dollars ($__.00) per day for each and every day such performance is late or delayed. AGENCY and CONSULTANT agree that such sum is reasonable and fair. Furthermore, AGENCY and CONSULTANT agree that this AGREEMENT is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "D" hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT: _________________
By: ______________________________ Date:_________________ <PRINT NAME>, <TITLE>
Packet Page 375
24 City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant Proposal
Exhibit C Insurance Requirements
Exhibit D Request for Proposal (if applicable, delete if no RFP) Packet Page 376
RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH EVERYONE’S HARVEST FOR THE OPERATION OF SEASIDE’S CERTIFIED FARMERS MARKET YEAR ROUND FOR A NOT TO EXCEED AMOUNT OF $24,600 A YEAR FOR A TERM OF

TWO YEARS
WHEREAS, the City of Seaside seeks to reinstate it’s Certified Farmers Market with the goals of creating a festive community event and social gathering place, while also offering community members an opportunity to purchase locally grown produce, artisan goods, and locally sourced and culturally relevant products; and
WHEREAS, having a Certified Farmers Market in the City of Seaside is a key component for the City to achieve Blues Zones Project Certification; and WHEREAS, the Certified Farmers Market will provide and accept several community food programs such as; Market Match, Fresh Rx, and Edible Education; and WHEREAS, on January, 23, 2023, the City released a Request for Proposals (RFP) seeking a qualified organization to operate a Certified Farmers Market on a year round basis and received one proposals by the submittal deadline of February 24, 2023; and WHEREAS, based on review of the written proposal Everyone’s Harvest was identified as the preferred consultant; and
WHEREAS, Everyone’s Harvest team has demonstrated knowledge of the Seaside community, and has experience operating Certified Farmers Markets on the Monterey Peninsula.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby authorizes the City Manager to enter into a professional services agreement with Everyone’s Harvest to operate a Certified Farmer’s Market on Saturdays from 10am – 2pm in the parking lot of City Hall, on a year round basis for an amount not to exceed Twenty Four Thousand Six Hundred Dollars ($24,600) a year for a term of two years and a total contract of Forty Nine Thousand Two Hundred dollars ($49,200).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of April by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:

Packet Page 377
___________________________
Dominique Davis, City Clerk
Packet Page 378

Seaside City CouncilApril 6, 2023

Seaside City Council
April 6, 2023