Agenda 2024-10-28 CC
AGENDA
SOLVANG CITY COUNCIL
MONDAY OCTOBER 28, 2024
6:00 PM SPECIAL CLOSED SESSION
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
David Brown Mayor pro tem, District 3
Elizabeth Orona District 4
Robert Clarke at-large
Claudia Orona at-large
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. The meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube.
• To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open 30 minutes before the meeting.
6:00 PM SPECIAL CLOSED SESSION
CALL TO ORDER
ROLL CALL
0BAGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.
1BAGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx 2BPUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.
Virtual speakers will follow.
CAMPAIGN CONTRIBUTION DISCLOSURE - Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council [or commission] in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but not later than the beginning of the proceeding. 3BAMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested. 4BLET YOUR VOICE BE HEARD! Do you have about one minute a month to help make Solvang better? The City of Solvang is working with FlashVote to engage the community and gather valuable input from residents to inform our decisions. We encourage residents to sign up at www.flashvote.com/Solvang or call 775-235-2240 to participate by phone or text only.
1 Agenda 2024-10-28 CC
PLEDGE OF ALLEGIANCE
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once.
2. RECESS TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation – pursuant to Government Code Section 54956.9(d)(1)
Name of case:
South Coast Property Company 13-B, LP v. City of Solvang et al, Case No. 22-cv-00254
RECONVENE TO OPEN SESSION
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
6:30 PM REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
2. PRESENTATIONS
a. Receive and File Quarterly Marketing Update
3. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,
COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.
6. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.
These items are discussed only at the request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: October 14, 2024..
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Agenda 2024-10-28 CC
c. Approve Quarterly Financial Update
d. Receive and file City Council Goals Update
e. Award Auditing Services Contract to Badawi and Associates in the amount not to exceed $270,980.00 for the term October 28, 2024 - June 30, 3030 and authorize the Mayor to execute on behalf of the City.
f. Approve Amendment 2 to the Agreement with Inner Nature to amend the scope of work for the additional amount of $29,400, for a total contract amount not to exceed $117,330, and extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
7. PUBLIC HEARINGS
None
8. DISCUSSION ITEMS
a. Discussion and possible action to Approve Agency Grant Funding Guidelines.
9. COUNCIL CLOSING COMMENTS
10. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated this 23rd day of October 2024.
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13 SOCIAL MEDIA REPORT
July-September 2024PREPARED BY ISLETT AGENCY
14 OVERVIEW
Jul-Sep 2024
03-0405-1011-1213-1415-1617-18
Quarterly Data Top Performing ContentCommunity EngagementKey TakeawaysQuarterly ProjectsInstagram Market Analysis 15 PLATFORM NET GROWTH ORGANIC ENGAGEMENTS ORGANIC IMPRESSIONS INSTAGRAM +7,510 93,390 1,038,094
FACEBOOK +726 112,735 1,852,705
TIKTOK +466 4,646 196,305
3 MONTH CHECK-IN Jul-Sep 2024
16 PLATFORM
FOLLOWER
NET GROWTH
Jul-Sep 2024
FOLLOWER
NET GROWTH
Jul-Sep 2023
TOTAL # OF
POSTS
Jul-Sep 2024
TOTAL # OF
POSTS
Jul-Sep 2023
ACCOUNTS
REACHED
Jul-Sep 2024
ACCOUNTS
REACHED
Jul-Sep 2023
ORGANIC PROFILE
VIEWS
Jul-Sep 2024
ORGANIC PROFILE
VIEWS
Jul-Sep 2023
INSTAGRAM 7,510 2,103 43 47 736,551 496,018 25,796 20,468 FACEBOOK 726 624 40 47 1,648,891 159,409 10,256 5,178
TIKTOK 466 90 15 12 179,841 7,816 873 455
TOTAL 8,702 2,817 98 109 2,565,283 663,243 36,925 26,101 Jul-Sep 2024 QUARTERLY CHECK-IN
17 TOP PERFORMING CONTENT
Jul-Sep 2024
18 TOP PERFORMING CONTENT - INSTAGRAM Jul-Sep 2024
IMPRESSIONS, SAVES + LIKES
Main Takeaway
Seasonal content that shows how you can explore the town during fall was valuable to the audience. The top performing reel also proved this with it showing the town decorated for Halloween.
15,382 impressions, 1.2k likes, 15 comments, 214 shares, 71 saves 19 TOP PERFORMING CONTENT - INSTAGRAM REELS Jul-Sep 2024 PLAYS, SAVES + LIKES
Main Takeaway
Seasonal clips that show how the town is decorated perform well with the audience. In addition to this UGC video, other fall content performed highly as well.
469k views, 33k likes, 104 comments, 24k shares, 3.9k saves 20 TOP LIKED POSTS-INSTAGRAM Jul-Sep 2024
Main Takeaways
Top performers were all videos besides one seasonal post. All videos were fast paced showing numerous clips around Solvang (architecture, food, lodging, etc.) 21 TOP PERFORMING CONTENT - FACEBOOK
REACH
Jul-Sep 2024
Main Takeaway
Historical photos perform well when there’s a
before/after effect to it. This one had a clip of what the Theater looks like in present day.
8,048 impressions, 55 likes, 3 comments, 6 shares
ENGAGEMENT
Main Takeaway
A cross channel top performer. Montage videos perform
highly amongst all platforms.
1,838 impressions, 101 likes, 3 comments, 13 shares, 2 saves 22 TOP PERFORMING CONTENT - TIKTOK
VIEWS & LIKES
Jul-Sep 2024
Main Takeaway
Videos that start with Solvang signage or hooks that
include “Solvang” perform highly on TikTok.
69.8k plays, 1.1k likes, 257 shares, 133 saves
23 THE SOLVANG COMMUNITY
Jul-Sep 2024
24 COMMUNITY ENGAGEMENT Jul-Sep 2024
25 KEY TAKEAWAYS
Jul-Sep 2024
26 KEY TAKEAWAYS
WINS OPPORTUNITIES
Jul-Sep 2024
Instagram YoY Increases:
Follower growth increased 257%
7k vs +2k
Organic reach increased 48%
736k vs 496k
Profile views increased 26%
25k vs 20k
Videos are performing strongly on allplatforms (Instagram, Facebook + TikTok).Our top performer on Instagram receivedover 24k shares which helps increaseawareness of the account. Facebook saw a large increase in reach forYoY: 934% (1.6M vs 159k). The Facebookprofile is continuing to grow.
Continued partnerships with influencersto help increase exposure to a newaudience + showcase present timeSolvang.Continue to use seasonal imagery topresent how the town looks (Halloween,Christmas, etc). These are increasingengagement. Continue to utilize new and old UGC fromcreators. Video montages of people’sSolvang trips are performing very highly. 27 QUARTERLY PROJECTS
Jul-Sep 2024
28 Q3 PROJECTS Jul-Sep 2024
Provided influencer support for AnnaMonitored and reshared influencer contentSupported Solvang in voting - “Best Christmas Town”Sourced usable content from businesses/influencersHistorical Trivia Series (in story/on feed)Supported Solvang businesses in the story - Alisal Ranch 10Best votingResearched Metas new AI character feature 29 INSTAGRAM MARKET ANALYSIS
Jul-Sep 2024
30 NEW FOLLOWERS [30 days] AVG ENGAGEMENT RATE
Jul-Sep 2024
Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso
SLO Cal* Visit Ventura
Dec Apr June September
-1,000
0 1,000
2,000
3,000
4,000
5,000
6,000
Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso
SLO Cal* Visit Ventura
Dec Apr June September
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
Trend
Solvang saw the highest amount in follower increase. All others stayed steady and gained around the same amount as the others. Our growth can be attributed to our high performing content and influencer partnerships.
Trend
Solvang ranked the highest for engagement rate. Solvang’s content has been gaining a large reach over the past 3 months which has assisted in growing the engagement.
31 THANK
YOU
32 • JULY | AUG | SEPT 2024 Activities (recap)
Press Communications
• Drafting + distributing press releases / marketing copy for upcoming Solvang events and seasonal happenings (Solvang Danish Days, Solvang Fall event line-up, Solvang Julefest), as well as media outreach in support of new Solvang businesses or other Solvang initiatives. https://www.prweb.com/releases/solvang-julefest-solvang-californias-annual-holiday-event-features-dailyfestivities-for-the-danish-village-celebration-november-29-2024-through-january-5-2025-302231403.htmlhttps://keyt.com/news/santa-maria-north-county/2024/07/22/craft-create-offers-activities-for-kids-in-solvang• Drafting + distributing brief press blast regarding Solvang’s nomination as a “Best Christmas Town” in the 2024 Newsweek Readers’ Choice Awards.
https://www.independent.com/2024/08/30/solvang-california-nominated-for-2024-newsweek-readers-choiceaward-in-best-christmas-town-contest-category Solvang Tourism, July | Aug | Sept 2024 :: PR Briefs
prepared by Anna Ferguson-Sparks, Stiletto Marketing
33 • JULY | AUG | SEPT 2024 Activities (recap, continued) Press Communications (continued)
• Wrote / edited “SOLVANG DANISH DAYS 2024” copy / content which was used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) • August 2024 SolvangUSA consumer email blast incorporated this content.
Matching Localhood story and Blog post live on the SolvangUSA website. • Wrote / edited / updated “SOLVANG FALL EVENTS 2024” copy / content which is being used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) • September 2024 SolvangUSA consumer email blast incorporated this content, as does a Blog post on SolvangUSA website.
• Wrote / edited / updated initial “SOLVANG JULEFEST 2024” copy / content which is being used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) 34 • JULY | AUG | SEPT 2024 Activities (recap, continued) Content / Media Liaison
• Submitted Solvang photo assets for travel article, at request of The Korea Daily – Los Angeles Branch (one of the three largest newspapers in South Korea). Article published August 29, 2024.
Link to full story:https://news.koreadaily.com/2024/08/29/life/leisure/20240829202050640.html The Korea Daily website UVPM: 687,355
Link to full story: http://la.koreatimes.com/article/20240823/1527270 PLUS, a second Solvang mention in a different Korean publication:
35 • JULY | AUG | SEPT 2024 Activities (recap, continued) Content / Media Liaison (continued)
• In the spring we assisted a vendor contracted by Visit California’s social media production team with a Solvang content shoot for Visit California social campaign(s). Photographer / videographer visited Solvang May 2, 2024, to shoot requested content at / with First & Oak, Atterdag Inn, Alma Rosa Winery, Solvang Trolley(s), as well as general “iconography” of Solvang Village. Footage posted to Visit California’s social feed(s) on July 3: instagram.com/p/C8-bqFDpyw9 • Submitted photos for Solvang travel feature, for Napa Valley Life Magazine (November 2024 print and digital issues)
• Met with Jim Benning, Editor in Chief, Westways + AAA Explorer – at Solvang Restaurant – while he was in the Santa Ynez Valley for the “Taste of” Sideways-related events. Meeting was informational, in anticipation of a late-Nov or early-Dec KCAL 9 news segment (called “Westways Weekender”) that he will host about this area and the Sideways film anniversary. • Jim’s visit aligned with the “Taste of the Santa Ynez Valley” Solvang Theaterfest event mention in the Fall 2024 issue of Westways Magazine, in the “5 Worth the Drive” section. 36 • JULY | AUG | SEPT 2024 Activities (recap, continued) Content Submissions
• Solvang content submissions to Visit California for future PR / Media consideration:
• Solvang, CA: Visit The Danish Capital of America for Denmark Vibes without the Transatlantic Travel
• Content submission was ultimately used in a “Destination Dupes Travel Story” that was assembled by Visit California’s social team. Story went live in early-September. • Solvang's Storied Sweets, Now Available in Vegan Versions at Select Bakeries and Eateries (call for Vegan Gastronomy submissions – in honor of National Vegan Day, Nov. 1) • Content submission published to the Media section of Visit California’s website, as a “Story Idea:” Vegan Gastronomy
• Records and Trailers (and Pastries): Danish-Settled Solvang's Vintage Finds, Popup and Permanent (call for thrift spot submissions – ahead of "Shop Local Saturday" in November) – also published: Trendy California Thrift Shops • Two New Walking Tours Showcase Danish-Settled Solvang's Happy 'Hygge' and Haunted History (Always On “What’s New” in California submissions) 37 • JULY | AUG | SEPT 2024 Activities (recap, continued) Media Outreach
• Check SOS, Substack, and/or Connectively media queries daily; submitted Solvang and/or individual businesses within City to eighteen (18) specific queries. July / Aug / Sept 2024 submissions included:
• One of California Nature Art Museum’s upcoming exhibits (A Deeper Love: New Paintings Inspired by Coral Reefs) to a New York Times query about “topical art exhibitions.” • The Copenhagen House / Solvang Amber & Viking Museum for a Better Homes & Gardens magazine story on travel-worthy museum shops, with a focus on those that offer a nicely curated selection of pieces for the home. • The Solvang Farmer Pumpkin Patch family / owners / farmer for Real Simple article seeking pumpkin growing experts – PITCH ACCEPTED, digital article published in September • Additional, ongoing media outreach or pitching not tied to SOS, Substack, Connectively queries. 38 • JULY | AUG | SEPT 2024 Activities (recap, continued) Additional Items
• Worked with TJA + City (Candice) to fine-tune Danish Heritage and Culture copy for e-blast / newsletter to SolvangUSA consumer email listing(s). Content was also used for SolvangUSA.com website page(s) and Localhood Story, as well as a social media series. • Worked with TJA + City (Candice) to supply Solvang Danish Days content for August 2024 e-blast / newsletter to SolvangUSA consumer email listing(s). Content was also used for SolvangUSA.comwebsite page(s) and Blog post, as well as Localhood story about the event. • Worked with TJA + City (Candice) to supply Solvang fall events content for September 2024 eblast / newsletter to SolvangUSA consumer email listing(s). Content was also used for SolvangUSA.com website Blog post, and social media posts about the seasonal happenings. • Met (Zoom) with new PR account team for Alisal Ranch, as introduction for future collaboration.• Continued check-ins with the Solvang Visitor Center for updates and general catch-up sessions. • Correspond regularly with islett (Liana + Kaylee) regarding @SolvangUSA social media topics, questions, content schedules, and for general check-ins. 39 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
https://www.aarp.org/travel/vacation-ideas/family/info-2024/alternative-bucket-list-destinations.htmlhttps://www.onlyinyourstate.com/southern-california/things-to-do-in-solvang-socal-stghttps://www.onlyinyourstate.com/southern-california/spontaneous-weekend-road-trip-socal https://www.onlyinyourstate.com/southern-california/animal-encounter-ostrichland-socal 40 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
https://thepointsguy.com/guide/hotels-in-movieshttps://www.thrillist.com/travel/los-angeles/things-to-do-solvang-wine-country (re-spin of a 2023 version of article)https://keyt.com/news/santa-maria-north-county/2024/07/01/solvang-danish-days-foundation-to-have-new-danishmaid-for-87th-annual-celebration 41 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
https://www.hollywoodreporter.com/lifestyle/lifestyle-news/southern-california-best-hotels-summer-travel-1235973114and on MSN, and Yahoo!Life Link to view full episode:https://www.undiscoveredamerica.tv/episodes If you click on the second episode / video on this page (where the host is wearing a polo tee), that is the show that includes Solvang – the Solvang segment is ~19 minutes into the episode, at about 18:58.We had fulfilled an inbound media request for Solvang photos + video footage from/for this new travel TV show, Undiscovered America TV, for the episode titled “No Passports,” where they take the viewer to destinations across the nation that feel like they are outside of the country.
Newsweek Readers’ Choice Awards category voting went live, August 29:https://www.newsweek.com/readerschoice/bestchristmas-town 42 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
(Re)Posted: throughout 2024 (re-spins of previous versions of these articles)Link to one of the full stories:https://www.timeout.com/los-angeles/things-todo/weekend-getawaysfrom-la-quick-easy-andstress-free-escapes https://www.timeout.com/usa/travel/best-christmas-vacations-in-the-usa 43 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
https://www.realsimple.com/when-to-harvest-pumpkins-8704598 and on Yahoo Lifestyle, and Yahoo UK, and Yahoo Australiahttps://www.nbclosangeles.com/the-scene/lego-building-competition-solvang-danish-days/3502155 https://keyt.com/news/local-news/top-stories/2024/09/21/solvang-celebrates-its-87th-anniversary-of-danish-dayshttps://www.independent.com/2024/09/09/solvangs-vibrant-danish-days-celebration-returns 44 • JULY | AUG | SEPT 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS (July through Sept)
https://www.ksby.com/news/local-news/in-your-community/6-things-to-do/danish-days-cornhole-a-coastal-cleanup-andmore-here-are-6-things-to-do-this-weekend-on-the-central-coasthttps://www.ksby.com/news/local-news/danish-festival-returns-to-solvang-for-87th-annual-celebrationhttps://www.kclu.org/2024-09-19/a-three-day-celebration-of-the-unique-history-of-one-of-our-central-coast-cities https://www.timeout.com/usa/things-to-do/12-best-christmas-towns-in-the-usa 45 Looking ahead…
• JULY | AUG | SEPT 2024 Activities (recap, continued)
Q4 2024 Press Releases and/or Content Creation
• FALL in Solvang (September / October / November):
• Round-up of Fall happenings in Solvang, continuing to be edited and used as a press release + team marketing content. (release / copy has been shared as a Google doc) • Solvang Julefest (November / December):
• Preliminary Solvang Julefest 2024/2025 press release was finalized and shared as a Google doc for marketing team use. Follow-up Solvang Julefest press blasts will be created and distributed as we near event dates. • “What’s New” in Solvang for 2025:
• Gathering new Solvang businesses, events, developments, or initiatives for early 2025 press blast, to also be used for other marketing team efforts.
Q4 2024 + Q1 2025 Media Visits
• Currently working on five (5) potential or confirmed writer / editor and/or influencer visits for the next few months.
Editorial research visits would run along varied themes and itineraries (e.g., family-friendly travel, “what’s new,” wine-related interests, foodie experiences, etc.). Completed influencer (re)visit in early-October (@cal.euphoria), to showcase FALL activities in Solvang + less-seasonal content for continued use and collaborative sharing with @SolvangUSA. Further details to follow in future monthly or quarterly reports. 46 • Solvang Visitor Center Report from Solvang Hygge Huset LLC; Susan Lee, Managing Member Solvang Visitor Center, Q3 2024
Solvang Visitor Center: Visitor Count from January to September 2024Total amount of visitors who utilized the Visitor Center for each month.
Button count for Q3 2024:Birthday Buttons – 101Anniversary Buttons – 60People do still come in and tell us they saw a post about coming to the Visitor Center and telling us it is their birthday or anniversary. 47 In the Visitor Center we collect information from guests when it is appropriate and there is time to do so. We ask our guests where they are visiting from and how they heard about Solvang. We also note other comments, reasons for visits, group type (family, couple, friends, kids, names, other).JULY / AUGUST / SEPTEMBER Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other comments Couple SF Bay Area Searched for other places to visit on the CA map Couple San Diego We love Solvang, come every yearFamily India Internet search of where to go in CA Couple Las Vegas We all know about Solvang!
Couple Spain Search for West Coast things to do4 friends San Diego We come for The Aebleskiver Family of 4 China Internet search of what to see in CAFamily of 5 Berlin, Germany Shocked and so happy that parking is FREE!!!!Couple Pennsylvania Friends who visited before said they should go to SolvangCouple England Internet search of CAFamily of 4 Denmark Love our replica of the Old Stock Exchange Spire! 48 Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other comments Couple Denmark Family recommended we come to SolvangGirls Trip Denmark EVERYONE IN DENMARK KNOWS ABOUT SOLVANG! Couple Los Angeles Friends told us to come visit Family of 4 Denmark Friends told us to stop on our CA trip Family Belgium Internet Search
10 Kids Buellton CA Doing a Scavenger Hunt with the Rec Center Mom and 2 kids China Came 11 yrs ago, wanted to come with her kids, loves it!Couple Florida Friends said they had to come while in CACouple England Searched internet for “What to do near Santa Barbara” Family of 4 New York TikTokCouple Austria Friend from Denmark told her to go to SolvangFamily Virginia CA internet searchFamily of 3 New England CA internet search10 Students Dunn School Field trip-we gave them Solvang history and accordion songJerry Los Angeles “I feel so blessed to be here!”Candy & Sasha LA & SF Beautiful safe city! Love it!Couple Arizona Friend told us to comeFamily of 4 Denmark Friends said we had to go to SolvangFamily of 5 Austria Internet search of CAFamily of 4 Tahiti Internet searchFamily Columbia TikTokFamily of 4 San Diego Have been here before, had to come again! 49 Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other commentsFriends (4) Ireland TikTok, we’re having a friend’s trip to Little Denmark in CA!Family of 4 Aarhus, Denmark Friends told us to come2 Ladies Vancouver, Canada Visiting friends in CA and our friends brought us hereCouple Oklahoma Internet search of CACouple Canada Traveling form LA to San Francisco Couple Omaha, Nebraska Traveling to see family, stopped in Solvang on the wayCouple Los Angeles Staying in SB, came to visit SolvangCouple San Francisco First time to Solvang, love it! Couple Georgia InternetFamily of 5 Spain CA internet searchGamily of 4 England Google search of CAFamily of 3 GermanyFamily of 5 Orange County Friends said to come, stayed overnight, really nice townCouple China Internet search where to goFamily of 4 Mississippi Friends told us to come here 50 Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other commentsFamily Jutland, Denmark Want to try your aebleskiver and Medisterpolse!Couple Quebec, Canada Love this townFriends Belgium LA to San Francisco and stopped in betweenFamily of 4 France Search of what to see near Los AngelesFamily of 4 Holland Looking for Airbnb, found Solvang, very fun to be here!Family of 4 Ukraine “It feels very peaceful here”Family San Francisco Oh, everyone knows about Solvang!Family of 7 Vietnam TikTok, other social mediaFamily of 5 Modesto, CA Wish we came to the Visitor Center first! Love the history!Young Couple New York, New York Month-long road trip, TikTok, “This place is amazing!”Family of 8 Taiwan Internet search, Love the Danish Folk DressCouple Texas Wine Country search, There’s so much more here!Family of 3 Luxembourg Social media, love it here, your city is so clean!Couple Delaware Came in 2x to get info, and then report what they did, love!Family of 3 Palm Springs It is so nice and quiet hereFamily of 4 Washington D.C. Touring CA, this place is beautiful and a nice surprise Couple Oregon Social media, love it hereColin Solvang is better than Disneyland! 51 Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other comments 6 Men Germany Stayed at Pea Soup Andersen’s InnFamily of 3 Korea Found Solvang by accident on CA internet searchFamily London, EnglandCouple Chicago Friends in LA told us to visit, want to visit a vineyard 2 sisters Germany Google maps search of CASingle China Tour from San Diego to San Francisco, really beautiful Couple Copenhagen DK So excited to eat aebleskiver
Couple Bay Area Social media
Couple Bangladesh Wife lived in DK for 8 yrs, Solvang makes her homesick for DenmarkSingle Man Southern California Lost wallet, someone found and gave it, he gave them $20 Couple Fyn, Denmark Social media, So cool!Couple Washington Social media, amazing origin/history story!Families from Canada, Spain, England, Serbia, touring SolvangFamily of 4 Denmark Friends told them to visitFamily New Zealand Internet search of CAFamily Arcadia, CA Came back with more family, Love this townWoman France Staying in SB and heard about it in her hotelCouple Spain Spending their honeymoon in SolvangGirls Trip Switzerland Social media 52 Solvang Visitor Center, Q3 2024
Name/Group Visiting From? How did you hear about Solvang? / Other commentsFamily Denmark Friends told us but everyone knows about Solvang in DK2 Ladies Israel Internet search of the coast of CA Couple New York Someone in Santa Barbara told them to go to SolvangCouple Chicago Searched CA must see towns2 Sisters Costa Rica Visiting SB but wanted to see the Danish VillageCouple New York Came for a wedding in Los AlamosCouple England Pismo Visitor Center told them to go to SolvangCouple France InternetFamily Australia Stayed in SB, heard from the hotel to go to SolvangCouple France Internet and social media Group of friends Israel We are taking a break from the War, Saw Solvang on mapSingle Germany His Father told him to visit Single Ireland His family told him to stop in Solvang2 Young Ladies Australia TikTok video, had to come see the Danish Town 2 Best Friends Mexico City Internet search of what to see from LA to San FranciscoCouple London, England Came for their 56th Wedding Anniversary! Couple Spain Heard from friends who had visited SolvangCouple Argentina TikTok, cute video from SolvangFamily Houston, Texas Solvang is the friendliest place we visited in CA 53 • Solvang Visitor Center Inquiries: July-Aug-Sept 2024 (see inquiry listings linked here)We continue to serve our Danish Village and thank the city for allowing us to do so.
Solvang Visitor Center, Q3 2024
54 Meeting Date Agenda Item Agenda Dept
12-Nov Stormwater Management Program Annual Report Consent Public Works Sign Ordinance review Discussion Planning
SYVT Contract Amendment Discussion Public Works
25-Nov Resolutions & Zoning Ordinance to implement GP 1st reading Public Hearing Planning 9-Dec Zoning Ordinance to implement GP 2nd reading Consent Planning AB 1600 Report Discussion Public Works
Contract Renewals Consent All Departments
Approve 2025 City Council Calendar Consent City Clerk
Reso Reciting Facts of General Election Consent City Clerk Ordinance TOT Consent Administration
Council selection of representatives to Advisory Bodies Discussion City Clerk Appointment of a Mayor pro tem Discussion City Clerk
Seating Arrangement of Council members Discussion City Clerk Council selection of representatives to Outside Agencies Discussion City Clerk 13-Jan Brown Act, Public Records Act, Levine Act Training Presentation City Attorney 27-Jan Short Term Vacation Rental update Discussion Finance/Planning Fee Schedule Review Discussion Finance
Investment Policy Annual Review Discussion Finance
Annual Comprehensive Financial Report Discussion Finance Future Meetings RFQ Interim Financing WWTP Administration Discussion Finance Compensation & Class Study Update Discussion Administration Outdoor dining ordinance Public Hearing Planning
Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
Calpers Debt Reduction Plan Discussion City Manager
Meeting Date Agenda Item Agenda Dept
Fire abatement and brush removal program Discussion City Manager Guidebook for development standards Discussion Planning DRC Role & Processing Procedures Discussion Planning
On-street Parking Restrictions Policy Direction Discussion Public Works Agenda Item Agenda Dept
January Annual Comprehensive Financial Report Discussion Finance January (odd
years)
Brown Act, Public Records Act, Levine Act Training Presentation City Attorney January (odd
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk January Fee Schedule Review Discussion Finance
January Investment Policy Annual Review Discussion Finance February (even
years)
Budget to Actual Discussion Finance
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Finance
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing General Plan Annual Report Discussion Planning March SB1 RMRA project List Public Hearing Public Works March Solvang Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Public Works
March TDA Grant Funding Consent Public Works
May (even years) Ordinance 1st Reading & Adoption Conflict of Interest Public Hearing City Attorney May Grant Funding Applications review Discussion Finance Oct/Jan/April/July Quarterly Financial Reports Consent Finance Oct/Jan/April/July Quarterly Marketing Update Presentation Parks & Rec Oct/Jan/April/July Quarterly Public Records Requests Report Consent City Clerk June Preliminary Budget Discussion Finance
June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Finance
June Capital Improvement Program Discussion FIN/Public Works June/July Amend Appropriation Limit (GANN) Public Hearing November Stormwater Management Program Annual Report Consent Public Works December AB 1600 Report Discussion Public Works
December City Council Reorganization - Appointment of Mayor pro tem Discussion City Clerk December (even
years)
City Council Reorganization Council selection of
representatives to Committees and Agencies
Discussion City Clerk
Council Requested Agenda Items
Annual Reports
CITY COUNCIL ADVANCE CALENDAR
55 M 2024-10-14 CC 1
Regular Meeting – 6:30 PM
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the Regular meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem David Brown, Councilmembers Robert Clarke, Elizabeth Orona and Claudia Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter, Public Works Director/City Engineer Rodger Olds
PLEDGE OF ALLEGIANCE
Dennis Beebe led in the Pledge of Allegiance.
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
2. PRESENTATIONS
a. Visit SYV Annual Report
Shelby Sim, CEO and President of the Visit Santa Ynez Valley group b. Measure U Committee Update
Geoff Yarema, Chair, and Jamie Baker, Vice Chair, Measure U Citizens Oversight Committee, provided an update on the Measure U Committee’s work.
Discussion followed regarding the possible combination of the Measure E and Measure U Committee if Measure E passes and the date and location for a public workshop sponsored by the Committee. c. Pavement Management Update
Joe Ririe, Senior Principal Engineer and President of Pavement Engineering Inc., narrated a PowerPoint presentation of the Pavement Management System Report of 2024.
Discussion followed regarding the status of FEMA funds, necessary future works, and maintenance of various City structures.
Council requested a copy of the presentation.
3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.
MINUTES
SOLVANG CITY COUNCIL
MONDAY, OCTOBER 14, 2024
Agenda Item 6.b
56 M 2024-10-14 CC 2
Jamie Baker
There were no other public communications on Non-Agenda and Consent Items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy noted committee and commission positions to expire in December. The League of Women Voters will be having a forum for the mayoral candidates on 10/23/2024 at 5:30 PM in the Council Chambers. He reported someone vandalizing public restrooms again and urged residents to say something if they see something. Waste Management will hold a Community Cleanup day on 11/16/24 from 8:00 a.m. to 12:00 p.m., that additional cleanup days are scheduled for the third Saturday of February, May, and August. The Central Coast Water Authority will be having scheduled maintenance later this month when the City will rely on well water for that time.
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,
COUNCIL COMMENTS, REQUESTS
Mayor pro tem Brown reported attending the Champions of The Valley event; asked of Public Works Director/City Engineer Olds when the stockpile of cement on top of the City generator site will be removed and noted that the City banners on streetlights need to be replaced.
Mayor Infanti reported attending a recent Cal Trans meeting, the Solvang School Fundraiser dinner, and the North County Subregional meeting.
6. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: September 23, 2024
c. Receive and File SBC Fire Quarterly Report
d. Approve September Accounts Payable
e. Receive and file Quarterly Report of Public Records Requests July 1 – September 30, 2024.
Motion by Councilmember Elizabeth Orona to approve Consent Items as presented, seconded by Mayor pro tem Brown and carried, 5-0.
7. PUBLIC HEARINGS - None
8. DISCUSSION ITEMS
a. Discussion and possible action to approve submitting a letter in support of H.R. 7944 Water Systems PFAS Liability Protection Act
City Manager Murphy presented details of the report.
Discussion followed regarding the City’s exposure to liability in discharging pollutants.
Mayor Infanti invited public comments.
There were no public comments on this item.
Motion by Councilmember Claudia Orona to approve submitting a letter in support of H.R. 7944 Water Systems PFAS Liability Protection Act, seconded by Councilmember Elizabeth Orona and carried, 5-0. b. Discussion and Possible action to provide direction regarding the news racks located in downtown Solvang
57 M 2024-10-14 CC 3
Public Works Director/City Engineer Olds narrated a PowerPoint presentation regarding plans on how to handle the unpermitted news racks and how to maintain them.
Discussion followed on the new fee proposed for permits, removing the old news racks that are not permitted, obligations to allow them in the public forum, the need for standards to be reasonable and objective and differences between free speech and marketing.
Mayor Infanti invited public comments.
There were no public comments on this item.
Discussion continued on the capping the contract terms at three years and reviewing modern new rack technology.
9. COUNCIL CLOSING COMMENTS - None
10. ADJOURNMENT – 8:34 PM.
The meeting was adjourned at 8:34 PM.
Respectfully submitted:
Annamarie Porter, CMC
City Clerk
58 July 2024-September 2024
CITY OF SOLVANG
By
Wendy Berry
Item 6.c
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81 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: October 28, 2024
SUBJECT: Receive and File Solvang Council Goals 2024/26 First Quarter Update PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
As you know, Council held a workshop in March 2024 and identified a list of 33 community goals.
These goals were discussed during the subsequent budget process and Council identified the first sixteen as priorities during the current biennial budget cycle. By way of reminder, many of the goals were not expected to be achieved within the two-year budget cycle. However, they are intended to help keep staff focused on areas that Council has determined to be most important.
By way of an additional reminder, the vacancies for Utility Director, Management Analyst/Assistant to the City Manager, and Development Technician have only recently been filled, so progress on most of these goals has been slow. Staff anticipates more momentum for the next quarterly update.
All of that said, the attached contains updates on the approved list.
ALTERNATIVES:
None.
FISCAL IMPACT:
None.
ATTACHMENTS:
Update to Solvang City Council Goals 2024/2026
82 Update to Solvang City Council Goals 2024/2026
1. Analyze all parking improvement opportunities to relieve congestion and financial options. – Public Works/Planning
We have applied for a SS4A (Safe Streets for All) grant which we intend to fund a Comprehensive Safety Action plan. The grant request is for $120,000 with a $30,000 local match.
This study will focus on traffic safety City Wide, and one of the primary focuses of this safety will be vehicle and pedestrian safety though the downtown. This study will provide the appropriate safety analysis to support changes to pedestrian access to cross Mission Drive. These changes will not only improve the safety of this roadway but will also have a beneficial result to reducing the congestion through town. Once this study is completed, reviewed, and approved by Council, the state will recognize it as the City and community support for these changes, which will facilitate approval of these changes as well as future safety grant funding opportunities. Safety grants are far more attainable and do not include “disadvantaged community status” as part of the scoring rubric. We will know if this grant was awarded by early 2025.
Another future grant opportunity in early 2025 that we are looking at is the Caltrans sustainable communities grant. The grant could fund an analysis of the City’s downtown roadway, pedestrian, and parking system. The results of this study would provide recommendations for Ped wayfinding, parking signage and other potential for short- and long-term parking options.
We have yet to have the all-hands Caltrans meeting, although I have discussed it independently with several Caltrans staff so they are aware of our intent. It may be more appropriate to have this meeting as part of the Comprehensive Safety Action plan kickoff with them.
2. Analyze limited uses in the Urban growth boundary for affordable and work force housing to meet State Law and community needs. – Planning
No work completed
3. Identify all existing opportunities for affordable housing in TRC especially from “walkable” locations. – Planning
City staff has prepared a municipal code update to allow residential uses and additional housing opportunities in the TRC. City staff has also created objective design standards for uses in the TRC through a Design District Overlay. City staff met with Planning Commission and DRC to go over these objective design standards during the summer of 2024. City staff will take these amendments to the Planning Commission November 2024 and City Council in late November.
4. Pursue Solvang becoming a regional Wastewater Treatment Provider. – Utilities This will require some extensive conversations with surrounding agencies and solicit cooperation and possible collaboration for studies, costs sharing, and agreements. Staff will also review historical reports that may have mentioned this idea in the past.
5. Start process to update outdated codes and ordinances. – Planning City staff has prepared a Zoning Ordinance to repeal and replace major code sections of the Zoning Ordinance in order to modernize and implement the newly adopted General Plan. City staff will take these amendments to the Planning Commission November 2024 and City Council in late November. Sign Ordinance and Subdivision Amendments will take place in early 2025.
6. Analyze means to improve police response and enforcement including private security, technology, and increased Sheriff services. – City Manager While there have been some discussions regarding these matters, it is largely on hold pending the outcome of the Measure E vote.
7. Assess opportunities and financing to improve traffic, pedestrian, and bicycle circulation in general and especially on SR 246. – Planning/Public Works This is included as a part of Goal # 1.
83 Update to Solvang City Council Goals 2024/2026 (cont.)
8. Develop more local events to broaden and even out tourism activities. – Marketing Three events have been added, with more likely to come: Copenhagen Countdown – addition to Julefest line-up; Wags to Riches – community dog fundraising event; Lego Event in shoulder season – community and visitor event
9. Assess opportunities to support and use local organizations more effectively to meet community needs and volunteers. – Marketing
A couple of items here: Added a Vendor Interest Form on SolvangUSA which specifically states that priority is local vendors for City events; and Reached out and have a lead contact with local volunteer organizations within the Valley.
10. Streamline the entitlement and building process make it easier for residents and businesses to improve their property. – Planning
City staff has prepared Zoning Ordinance update that allows for more “by right” projects through the creation of a zoning ordinance process. City staff will take these amendments to the Planning Commission in November 2024 and City Council in late November. City staff has established time frames for building permits and has taken over permitting functions and is now issuing permits 5 day a week and has completed a transition to accepting all digital submittals. City staff has completed Planning Application checklists which are now available on our website and will be completing Building Permit checklists within the next 60 days. City staff has revamped its permitting systems and is now tracking metrics to ensure timely reviews of building permits to meet established building permit turnaround times. Recent turnaround times of less than 60 days for processing two rounds of plan checks have been completed, creating efficiencies and a better customer service experience.
11. Evaluate market potential for expanding business meetings, retreats, and boutique conferences. – Marketing
Have had discussions with VisitSYV re coordination of this effort. More to come.
12. Explore BID to support downtown in a manner that would have Chamber support. – City Manager
No work completed
13. Analyze increased water storage and/or supply with additional and/or larger reservoirs and development of injection wells for ground water storage for drought years independently or with other water purveyors. – Utilities
The City is currently working on development of HCA middle well. Part of this development is exploring the possibility of using this well as an injection well for groundwater storage.
14. Assess Library needs, opportunities, and funding. – Administration A community meeting re this matter is currently in the planning stage and is anticipated to occur in early 2025.
15. Assess regional opportunities on use and development of water infrastructure. – Utilities Would need to discuss further for clarification on what water infrastructure we are seeking to develop in cooperation with other surrounding agencies. Some ideas could be interties with City of Buellton, seeking to develop wells outside of City limits and delivering water through interties with neighboring agencies.
16. Analyze feasibility to reuse wastewater either as reclaimed wastewater, enhanced treatment for well injection or as direct potable water. – Utilities (combine w 15) This will be a continual effort, as we work towards construction and completion of the expansion and upgrades at the WWTP. Staff will continue to seek grant opportunities or other options for reuse of the treated wastewater.
84 Update to Solvang City Council Goals 2024/2026 (cont.)
Council directed staff to work on the top 16 for FYs 24/5 to 25/6. Other goals that were identified during the process but not currently in focus:
17. Evaluate feasibility of workforce housing opportunities with Alisal Ranch and Lot 72. – Planning
18. Assess opportunities to make existing transit more effective in the overall transportation needs of the community. – Public Works
19. Evaluate the opportunities to improve overall public safety services. – City Manager (combine w 6)
20. Develop a Danish Heritage Master Plan. – Planning
21. Assess the ability to expand and diversify commerce and industry to augment tourism dependent revenues. – City Manager
22. Analyze community meeting space needs and methods of achieving those needs with existing and additional facilities. – City Manager (combine w 11)
23. Develop a long-term infrastructure Maintenance Master Plan. – Public Works
24. Explore means to minimize the adverse impacts of tourism on the quality of life of the residents. – Marketing
25. Develop a five-year marketing plan for tourism and other business opportunities for a more sustainable and less volatile revenue base. – Marketing
26. Analyze the opportunities for broader business development. – Planning (combine w 21)
27. Develop options for meeting the cities administrative and operational needs. – Administration
28. Develop a long-term infrastructure and funding plan. – Finance
29. Evaluate the Senior Service programs long term needs. – Administration
30. Update sign codes and home occupation ordinances. – Planning
31. Consider establishing mid-range housing requirements. – Planning
32. Develop strategy to reduce or eliminate PERS liability. – City Manager Assess community outreach programs. – City Manager
85 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6e
Meeting Date: October 28, 2024
SUBJECT: Award Auditing Services Contract to Badawi and Associates in the amount not to exceed $270,980.00 for the term October 28, 2024 - June 30, 3030 and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Wendy Berry, Director of Administrative Services DISCUSSION:
Staff solicited bids for Annual Audit Services and received four responses. The proposals were scored in anticipated value and pricing, understanding of the City’s needs, proposed timeline, quality, clarity and responsiveness of proposal and references. After a thorough evaluation, staff determined that Badawi and Associates best fit the City’s needs. Badawi and Associates, CPA have performed the City’s audits for the last 5 years. Government Code recommends the City rotate auditing partners every six years. In this case, Ahmed Badawi conducted the first two audits and Mitesh Desai performed the last three. Consequently, he can audit the City’s records for the next three years and then they will pass the responsibility to another auditor. The first year of cost is listed below. Note that the total not-toexceed amount includes anticipated cost increases over the term of the contract.
Badawi - $51,035
LSL - $54,750
CLA - $84,655
Singer Lewak - $33,700 (no Calif. auditing experience)
ALTERNATIVES:
Council may decide to hire a different auditor.
FISCAL IMPACT:
In January 2025, staff will amend the budget to reflect the approximately $15,000 of increased cost.
ATTACHMENTS:
A. Audit Contract
B. Campaign Disclosure
86 XYZ Corporation
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this 28th day of October 2024 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and Badawi and Associates, a (California Corporation) with its principal place of business at 2855 Telegraph Ave, Suite 312, Berkely California, 94705 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1.02 Services : Consultant shall perform the scope of work (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 project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the abovereferenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.
However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.
1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $270,980.00, unless and until this Agreement is amended as provided herein. 87 XYZ Corporation
1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.
2.0 OBLIGATIONS OF CONTRACTOR
2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.
2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None_____________________
2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
88 XYZ Corporation
2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.
2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 89 XYZ Corporation
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, 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. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.
2.06 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.
2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
3.0 OBLIGATIONS OF CITY
3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.
4.0 TERMINATION OF AGREEMENT
4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.
4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
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a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.
4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
4.04 Termination: This agreement shall terminate on June 30, 2030, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.
5.0 SPECIAL PROVISIONS
5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.
5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.
5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.
5.04 Confidentiality:
(a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or 91 XYZ Corporation
subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.
Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Consultant’s obligations under this paragraph shall survive the termination of this contract.
6.0 MISCELLANEOUS
6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan, City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO: CONSULTANT Badawi & Associates, CPA
Ahmed Badawi, President
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
[email protected]
6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 92 XYZ Corporation
6.06 Ownership of Work Product: Except for the Consultant’s audit workpapers, upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
(b) In the event of any conflict between the terms of this agreement and the terms of an exhibit, the terms of this agreement shall control, even if the exhibit purports to modify this agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this agreement, even if such exhibit purports to affect the provisions of Section 2.05.
Furthermore, any attempt to limit liability to the City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: ___________.
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
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6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.
6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
CITY OF SOLVANG CONTRACTOR
BADAWI AND ASSOCIATES, CPA
Randy Murphy, City Manager Ahmed Badawi, President
ATTEST: APPROVED AS TO FORM
Richards, Watson & Gershon
Annamarie Porter, City Clerk Chelsea O’Sullivan, City Attorney 94 XYZ Corporation
EXHIBIT A
SCOPE OF WORK,
FEE SCHEDULE
&
PROJECT SCHEDULE
95 96
97 98
99 100
101
102
XYZ Corporation
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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 City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement 103
XYZ Corporation
or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to require that 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 required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 104
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14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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CITY OF SOLVANG
Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street │ Solvang, CA 93463 │ www.cityofsolvang.com │ (805) 688-5575
APPLICANT/INTERESTED PARTY INFORMATION
Applicant Name:
Phone: Email (required):
Representative/Agent:
Phone: Email:
Mailing Address:
City: State: Zip:
Website:
Name and subject matter of applicant’s proceeding:
CONTRIBUTION DISCLOSURE (GOVERNMENT CODE SECTION 84308) Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof, that are affiliated with the above-referenced proceeding. You may attach additional pages as necessary to list contributions made to involved agency officers and provide additional information about the contributor's relationship with the recipient.
Contributor Name:
Date of Contribution Recipient Office/Candidate Contribution Amount ($):
Refund: Yes or No;
Date of Refund.
☐ By checking this box I certify that I have not given any contributions consistent with Government Code Section 84308
ACKNOWLEDGEMENT
This form must be updated after each contribution, and no less than 45 days before any agency consideration regarding the abovereferenced application. Completion of this form does not waive or in any way impact a party's obligation to disclose such contributions over $250 on the record of the proceeding pursuant to Government Code section 84308(e).
I declare under penalty of perjury that the information which has been included in this Disclosure Form is true and correct:
Signature: _______________________________________________ Date: ______________________________ Print Name: ______________________________________________
OFFICIAL USE ONLY
File/Project No: Date Received:
113
CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.f
Meeting Date: October 28, 2024
SUBJECT: Approve Amendment 2 to the Agreement with Inner Nature to amend the scope of work for the additional amount of $29,400, for a total contract amount not to exceed $117,330, and extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Jenny McClurg, Parks and Recreation Director DISCUSSION:
Inner Nature has been a vendor with the City of Solvang since 1993. They have provided village planter services consisting of comprehensive maintenance, materials and labor for decorative plantings throughout the TRC. Staff requests approval of Amendment 2 in order to extend the date for eight months, by which time we intend to solicit proposals in a bidding process to be certain the City is getting the best, competitive pricing. This also positions the contract to start at the beginning of the fiscal year.
ALTERNATIVES:
Council may elect to not extend the contract. This is not recommended as we do not currently have the staff to support these services. Staff will look at the opportunity for Parks Maintenance staff to take over these duties in July 2025 but will need experienced/trained staff in order to do so.
FISCAL IMPACT:
None. This is accounted for in the 2024-25 budget.
ATTACHMENTS:
A. Amendment 2
B. Campaign Disclosure
114
AMENDMENT NO. 2
to the Professional Services Agreement with
DANA DICROCE DBA INNER NATURE
THIS SECOND AMENDMENT is made and entered into this 1st day of November 2024 between the CITY OF SOLVANG, a municipal corporation, and Charter City (City), and DANA DICROCE DBA INNER NATURE, a Sole Proprietor (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, November 1, 2022, Amendment No. 1, dated November 1, 2023, the parties agree to this second amendment to extend the term and to amend the “scope of work” herein referenced as Exhibits “B” and “C” to this agreement for the additional amount not to exceed $29,400 (includes 5% CPI cost adjustment) for a total contract amount not to exceed $117,330 and to the extend the term to June 30, 2025.
Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG DANA DICROCE DBA INNER NATURE
Randy Murphy, City Manager Dana Dicroce, Consultant
APPROVED AS TO FORM:
Chelsea O’Sullivan, City Attorney
ATTEST:
Annamarie Porter, City Clerk
115
EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.
2. Compliance with Law. Consultant shall comply
with all applicable laws and regulations of the federal, state and local government, including any
requirements to pay prevailing wage under the Labor
Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits
required of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.
3. Standard of Care. The Consultant shall perform
the Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.
5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.
Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant’s employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.
The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City’s
attorneys’ fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Santa Barbara, State of California.
7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
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developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.
Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.
Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City’s failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Consultant. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason.
Consultant is retained as an independent contractor
and is not an employee of the City. No employee or
agent of Consultant shall become an employee of the
City. The individuals signing this Agreement
represent that they have the authority to sign on
behalf of the Parties and bind the Parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto. City and Consultant agree
that no waiver of a breach of any provision of this
Agreement by either Consultant or City shall
constitute a waiver of any other breach of the same
provision or any other provision of this Agreement.
Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.
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EXHIBIT “B”
SCOPE OF SERVICES
INNER NATURE SCOPE OF WORK
Comprehensive Maintenance service, materials and labor for decorative plantings and landscaping at the following locations in the City of Solvang:
1. Copenhagen Drive
a. Planter boxes at the Solvang sign (one rectangular and two round) b. Visitor Center
c. Landscaped area at Copenhagen and First Street
d. Pots along Copehagen
e. Parkways along north side of Copenhagen (First to Alisal)
2. Alisal Road (east side)
a. Planter boxes at east side of T-intersection/Plaza (3 planter boxes) b. Pots/urns- 5 groups of 3, plus 2 at Molle Way= 17 total c. Planter box in front of Birkholm’s Bakery
3. Alisal Road (west side)
a. Planter boxes (5 streetside)
b. Pots/Urns = 5 total
4. First Street (east side)
a. 2 pots around bench near Mission Drive
5. Solvang Park
a. Planter area at Flag pole
6. Solvang Monument sign (Jim’s Service Station)
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EXHIBIT “C”
COMPENSATION FOR SERVICES
Overall monthly maintenance including all materials and labor: $3500 Annual CPI increase not to exceed 5%
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120
CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.b
Meeting Date: October 28, 2024
SUBJECT: Discussion and possible action to approve Agency Frant Funding Guidelines PREPARED BY: Wendy Berry, Administrative Services Director DISCUSSION:
The City of Solvang recognizes the value of 501(c) Non-profit organizations’ contributions to our community through special programs or holding special events within the City. Staff combined the Human Services and Special Events Grant funding applications into one application. This streamlines the process, makes it easier for the applicant and requires the same documentation. The goal is to make it very clear of what is required by the applicant and to make it a smooth process. The policy still prioritizes Solvang citizen services, senior services, Veterans services and minors with disabilities.
One significant change to the guidelines is staff will hold a mandatory meeting in January prior to the application period February 1 through March 31st and all incomplete applications will not be accepted.
In the mandatory meeting, staff will go over the process for applying and the mandatory documents.
Hopefully, this new process will eliminate any questions and/or confusion that we encounter when obtaining the required financial information. All the changes/additions are listed in red.
ALTERNATIVES:
None
FISCAL IMPACT:
No impact
ATTACHMENTS:
A. Grant Funding Guidelines.
CITY OF SOLVANG
GRANT FUNDING AGREEMENT
FISCAL YEAR 2024-2025
PARTIES AND DATE. This Agreement is made and entered into this 1st day of July 2024 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and XXX., a California non-profit Corporation with its principal place of business at XXX (“Grantee”). City and Grantee are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The Parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1.02 Services : Grantee shall perform the services listed in the program funding request of grant application described and set forth as Exhibit A, attached hereto and incorporated herein as though set forth in full.
Grantee shall determine the method, details and means of performing the abovereferenced services.
Grantee may, at their own expense, employ such assistants as Grantee deems necessary to perform the services required of Grantee by this agreement. However, Grantee may not assign this agreement to any other person or entity in the performance of required project-related services, and City may not control, direct or supervise Grantee’s assistants or employees in the performance of those services.
1.03 Standard of Performance: Grantee’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Grantee’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Grantee of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subcontractors. By delivery of completed work, Grantee certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Grantee is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Grantee shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Grantee, City agrees to grant funds to Grantee in the amount not to exceed the sum of XXX. Payment of funds are contingent upon [Select one option, delete other language and brackets: receipt of the signed Agreement / submittal of the financial documentation required in Section 5.01(a)].
1.05 Billing/Payment Terms. All payments to Grantee for services and related expenses will be paid by City within 30 (thirty) days of receipt of [Select one option, delete 121
other language and brackets: signed Agreement / all financial documentation required in Section 5.01(a)].
2.0 OBLIGATIONS OF GRANTEE
2.01 Contract Management and Service Performance: Grantee represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. The City approved Grantee representative (“Grantee representative”) identified in Exhibit A is deemed to be specially experienced and is a key member of the Grantee’s project team and shall be directly involved in the performing, supervising, or assisting in the performance of the services described in Exhibit A. Grantee Representative shall communicate with and periodically report to City’s Project Manager on the progress of the work. No work shall be assigned to a subcontractor without City’s written consent.
2.02 Avoidance of Conflict of Interest.
(a) Grantee may represent, perform services for, and be employed by additional individuals or entities, in Grantee’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Grantee’s services under this Agreement.
(b) Grantee shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Grantee who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest.
Therefore, it is incumbent upon the Grantee to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Grantee unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Grantee, except as indicated in Subsection (d). (Initials).
(d) In accomplishing the scope of services of this Agreement, Grantee will be performing a specialized or general service for the City, and there is substantial likelihood that the Grantee’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None
2.03 Tools and Instrumentalities: Grantee shall provide all tools and instrumentalities to perform the services under this agreement.
2.04 Workers’ Compensation and Other Employee Benefits: City and Grantee intend and agree that Grantee is an independent contractor of City and agree that Grantee and Grantee’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Grantee agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Grantee’s employees and agents. Grantee agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Grantee and any of Grantee’s employees or agents. 122
2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Grantee shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Grantee’s performance or Grantee’s failure to perform its obligations under this Agreement or out of the operations conducted by Grantee, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Grantee shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Grantee’s performance or Grantee’s failure to perform its obligations under this Agreement or out of the operations conducted by Grantee, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Grantee is a “design professional”, and the Scope of Services require Grantee to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Grantee shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Grantee and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Grantee, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Grantee shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Grantee unless adequately corrected by Grantee. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Grantee under this paragraph exceed Grantee’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Grantee shall meet and confer with other parties regarding unpaid defense costs.
123
(d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Grantee and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Grantee will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct.
Except as otherwise required by Civil Code Section 2782.8, Grantee 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. The provisions of this Section 2.05 shall survive completion of Grantee’s services or the termination of this Agreement.
2.06 Insurance: Grantee 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.
2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a Grantee, and aggregated contributions from persons or entities related to the party. Grantee is required to fill out and provide the attached Exhibit D ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
3.0 OBLIGATIONS OF CITY
3.01 City Project Manager and Services by City: City’s “Project Manager”, as that person is designated by the City from time to time, is the City Manager.
4.0 TERMINATION OF AGREEMENT
4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.
4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the Term; or
d. Assignment of this agreement by Grantee without the consent of City. e. Death of any party.
4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
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4.04 Termination: This agreement shall terminate on February 28, 2025, unless prior to the end of the Term, Parties amend the Agreement pursuant to Section 6.16 to extended the Term.
4.05 Effect of Termination by Grantee: If Grantee terminates this Agreement pursuant to Section 4.01, or this Agreement is terminated due to an action of Grantee described in Section 4.02(a), (b), (d), or (e) or due to Grantee’s default pursuant to Section 4.03, the Project Manager may take appropriate action under this Agreement, at law or in equity, including requiring Grantee to repay City any funds received.
5.0 SPECIAL PROVISIONS
5.01 Required Documentation: Grantee shall provide the following deliverables to the City:
(a) [delete this requirement if not applicable] Financial documentation, including an itemized report detailing how the funds were expended, receipts or other proof of payment and documentation of actual costs incurred by Grantee for the Services described in Exhibit A. Receipts of any expenditures shall be maintained for a minimum of two years and be made available upon City’s request. (b) Sample promotional materials, if applicable.
(c) End-of-year program report, on the form included in Exhibit B, for each program year during the term of the Agreement.
5.02 Time Schedule: Grantee is to begin work upon receipt and execution of the Agreement. Grantee agrees to complete all work within the Term of this Agreement. If the services are incomplete by the end of the Term, the Project Manager may take appropriate action under this Agreement, at law or in equity, including requiring Grantee to repay the City any funds received.
5.03 Restriction and Limitation on Use of Funds: Grantee warrants that funds granted by the Agreement shall be used solely for the purpose and services described in Exhibit A.
If the activity that is to be funded under this Agreement is canceled or substantially altered, Grantee agrees to notify City immediately and to refund the grant amount in full or in part as directed by City. City determines that the funds granted under this agreement are for a project that provides a public benefit within the City of Solvang. Grant funds granted by this Agreement shall not be used:
(a) To construct a public works project as that term is defined in California Labor Code Section 1771, or any administrative or judicial authorities interpreting that section; (b) for political campaigning purposes or activities or to endorse, fundraise, campaign, or otherwise support or oppose a candidate for a City or Solvang elected office; (c) religious activities; or
(d) administrative or overhead costs.
5.04 Nondiscrimination: Grantee shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, and sexual orientation.
5.05 Audit of Records: At any time during normal business hours and as often as it may deem necessary, Grantee shall make available to a representative of City for examination of all its records with respect to all matters covered by this Agreement and will permit City to 125
audit, examine and/or reproduce such records. Grantee will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this Agreement.
5.06 Prevailing Wages: To the extent any work performed by or for the Grantee pursuant to this Agreement requires that the payment and reporting of payment of prevailing wages pursuant to State law, such obligation is the responsibility of Grantee.
6.0 MISCELLANEOUS
6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO GRANTEE:
XXXXXX
XXXXXX
XXXXXX
XXXXXX
6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6.06 Ownership of Work Product: The work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this Agreement are the property of the Grantee. City may request any drawings, designs, data, photographs, report and other documentation directly related to the project (other than Grantee's drafts, notes and internal memoranda), including duplication of same, prepared by Grantee in the performance of these services. 126
6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Grantee as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Grantee.
(b) In the event of any conflict between the terms of this Agreement and the terms of an exhibit, the terms of this Agreement shall control, even if the exhibit purports to modify this Agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this Agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 2.05. Furthermore, any attempt to limit liability to City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: .
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Grantee to any person or entity. Any assignment or attempt to assign by Grantee whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except 127
financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this Agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.
6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
CITY OF SOLVANG GRANTEE
XXXXXX.
By: By:
Randy Murphy, City Manager [Name, Title]
APPROVED AS TO FORM
Richards, Watson & Gershon
By: ___
Chelsea O’Sullivan, City Attorney
128
Grant 2024-2025
EXHIBIT A
SCOPE OF PROPSAL
AND
YEAR END REPORT
1. DESCRIPTION OF SERVICES:
129
Grant 2024-2025
EXHIBIT B
End of Year Report
JULY 1, 2024 – JUNE 30, 2025
Agency Name:
Contract Amount: $
Activity or Program Name:
Activity Location:
Agency Contact Name:
Agency Contact Number:
1. Please describe the activity or program accomplishments.
2. How and what was the grant money spent on?
3. Comment on areas of significant deviation from the activity/program goals and objectives, if any.
4. Comment on any areas of significant deviation from the budget proposal submitted with the activity/project application, if any.
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Grantee will maintain insurance in conformance with the requirements set forth below. Grantee will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Grantee agrees to amend, supplement or endorse the existing coverage to do so. Grantee 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 City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Grantee shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Grantee owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Grantee or Grantee’s employees will use personal autos in any way on this project, Grantee shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Waived_ Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Grantee and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Grantee. Grantee and City agree to the following with respect to insurance provided by Grantee:
1. Grantee agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Grantee also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Grantee, or Grantee’s employees, or agents, from waiving the right of subrogation prior to a loss. Grantee agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Grantee and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
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4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. Grantee’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Grantee shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Grantee’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Grantee or deducted from sums due Grantee, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Grantee or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Grantee agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Grantee, provide the same minimum insurance coverage required of Grantee. Grantee agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Grantee agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. If Grantee’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Grantee, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Grantee shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Grantee ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Grantee, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Grantee acknowledges and agrees that any actual or alleged failure on the part of City to inform Grantee of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Grantee will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies 132
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whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Grantee shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Grantee’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Grantee under this agreement. Grantee expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Grantee agrees to be responsible for ensuring that no contract used between itself and its subGrantees’ reserves the right to charge City or Grantee for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Grantee agrees to provide immediate notice to City of any claim or loss against Grantee arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.b
Meeting Date: October 28, 2024
SUBJECT: Discussion and possible action to approve Agency Frant Funding Guidelines PREPARED BY: Wendy Berry, Administrative Services Director DISCUSSION:
The City of Solvang recognizes the value of 501(c) Non-profit organizations’ contributions to our community through special programs or holding special events within the City. Staff combined the Human Services and Special Events Grant funding applications into one application. This streamlines the process, makes it easier for the applicant and requires the same documentation. The goal is to make it very clear of what is required by the applicant and to make it a smooth process. The policy still prioritizes Solvang citizen services, senior services, Veterans services and minors with disabilities.
One significant change to the guidelines is staff will hold a mandatory meeting in January prior to the application period February 1 through March 31st and all incomplete applications will not be accepted.
In the mandatory meeting, staff will go over the process for applying and the mandatory documents.
Hopefully, this new process will eliminate any questions and/or confusion that we encounter when obtaining the required financial information. All the changes/additions are listed in red.
ALTERNATIVES:
None
FISCAL IMPACT:
No impact
ATTACHMENTS:
A. Grant Funding Guidelines.
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Grant Funding Policy CC 10-28-24
CITY OF SOLVANG
AGENCY GRANT FUNDING
GUIDELINES
The Solvang City Council recognizes the importance of human service organizations, programs and events that serve community residents. As part of the annual budget process and financial plan development, the City Council may consider appropriation of such funds as it deems prudent and reasonable to award grants to non-profit community service organizations. The grant funding process will occur every February 1st through March 31st of each year. Grant funding is based on available funds and is not guaranteed. Only complete application packets will be accepted during the application process. The City will prioritize funding for Solvang citizen services, senior citizen services, Veterans, youth and minors with disabilities and programs and events that serve the Solvang community specifically.
Qualifications:
A. Non-Profit / Not for Profit. Tax-exemption is the result of a nonprofit organization being recognized by the IRS as being organized for any purpose allowable under 501(c)(3) – 501(c)(27).
B. Grants Shall Not be available to organizations who intend to directly or indirectly act as a conduit to provide grant funding to other organizations.
C. Applicants must be in good standing with the IRS, FTB and current with their registration with the Attorney General / Department of Justice.
D. Applicants must submit Insurance certificate naming the City as additional insured and with a hold harmless endorsement, waiver of subrogation endorsement, and primary non-contributing endorsement as per insurance guidelines in contract. (See attached insurance requirements for type and amounts).
E. Applicants agree to sign the City’s Standard Grant Agreement, abide by all conditions and requirements.
F. Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party.
Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party 135
Grant Funding Policy CC 10-28-24
Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
G. Presentations at a designated City Council meeting will be required, limited under 5 minutes and power point presentations only.
H. Prospective applicants must attend a Mandatory meeting in January on the requirements to apply. Non-attendance will void the ability to apply.
I. Applicant must possess a current Solvang business certificate.
J. The applicant must be in good standing with the City.
Procedures:
A. The application period for Organizations wishing to apply for grant funds will be opened on February 1 of the current year and deadline to apply will be March 31 of the current year.
B. Applicants must provide completed grant application, the last three most recent 990’s filed with the IRS and provide the three most current years of profit and loss statements and balance sheets.
C. Staff will review applications for completeness and qualifications based upon grant program parameters and will provide the Council with analysis whether the grant applications qualify under this program. Completed applications may be subsidized with additional information regarding the Organization and their programs. Email applications to [email protected] or deliver to City Hall (1644 Oak Street, Solvang, CA 93463).
D. Copies of all funding applications received will be provided to all City Council members and will be considered by Council as part of the budget adoption hearing and will be a public record.
E. City grant funds Shall Not be used by the agency for administrative/overhead types of costs.
F. The grant applicant must be available for questions from City staff.
G. Grant applicants must attend and present at a designated City Council meeting. Applicants will be notified prior to the City Council meeting.
H. Following approval by City Council, adoption of the annual City budget, and execution of City standard Grant Funding Contract with the City, and submittal of all required documentation including invoices, receipts and proof of payments. Payments will not be disbursed prior to the next fiscal year.
I. All programs and events must include a copy of the complete program/event budget, which clearly states the anticipated revenues and expenditures. Potential City support should not be listed as a revenue line item.
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Grant Funding Policy CC 10-28-24
Mandatory documents for application submittal:
• City Application for grant funding.
• Three years most current 990’s.
• Three years most current profit and loss statements and balance sheets. • Completed campaign disclosure form.
• Completed Program/Event budget without City listed as revenue • Current Insurance certificate with City as additionally insured, hold harmless endorsement, waiver of subrogation endorsement and primary non-contributing endorsement. • Copy of Current Business Certificate from the City
• Final end of year report on how funds were spent for prior years grant if prior year grant was received.
Ineligibility:
The City will not provide financial support to or for:
• Events that benefit for-profit enterprises.
• Events that serve a political purpose or are sponsored by political organizations. • Event organizers and organizations that have not fulfilled previous City grant sponsorship requirements, special event obligations or have an outstanding debt to the City of Solvang. • Individuals.
• Invitation-only events; those not open to the general public. • Political campaigning purposes or activities. Grantee may not endorse, fundraise, campaign or otherwise support or oppose a candidate for a City of Solvang elected office. • Religious activities.
• Administrative/overhead types of costs.
• Incomplete applications.
For Special Events Only:
• Applications will be reviewed and evaluated based on the following criteria: The event delivers substantive and measurable economic benefits to the City. The event is scheduled to take place between July 1 and June 30 of the proposed budget year and the exact date(s), time(s) and location (within Solvang) have been determined.
• The event organizers utilize strategic and measurable marketing practices in planning and implementing the event. These measurables will be included on the application and a post event performance report will be required at the conclusion of your event. • The event enhances the quality of life within Solvang with cultural, social or educational activities of interest to the community.
• The event attracts visitors to Solvang from all regional markets. • The event promotes Solvang as a highly desirable place to visit, recreate, live and work. • The event directly or indirectly benefits or promotes Solvang businesses. • The submitted post-event measurable objectives and performance measures must demonstrate how the event will provide substantive and measurable economic benefits to the City. 137
Grant Funding Policy CC 10-28-24
Additional Information:
There is no guarantee that the City will be able to provide all, part, or any of the financial support requested by each applicant. Thus, applicants should not make commitments on the expectation of receiving City support. Grant funds are allocated based on an assessment of relevant city fees and the benefits the city will gain from the program and/or events. All applications submitted by the deadline will be evaluated according to the eligibility requirements and assessment criteria outlined in the guidelines above. Any incomplete applications will be rejected. Recommendations will be forward to the City Council for final review and approval. The City Council can approve, amend or deny any recommendation.
For insurance limits and requirements see attached Insurance specifications from the grant funding contract.
Attachments:
Checklist of required documents
Grant contract with insurance requirements
Campaign disclosure form
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Grant Funding Policy CC 10-28-24
SOLVANG
AGENCY GRANT FUNDING
APPLICATION
Legal Organization/Agency Name and dba if applicable:
Mailing Address:
Physical Address:
Total Funding Request:
1. Authorized contract signer, position, email and phone number, if different than contact number below
2. Contact Person Name, Title within the Organization, Email and phone number:
3. Organization’s purpose? Goals and objectives?
4. Provide a detailed accounting of what specific program or event and how the granted funds will be used for that program or event?
5. How many Solvang residents will be impacted by the proposed use of the grant funds?
6. What is the organization’s total budget?
7. What are the sources of revenue for your organization? How are you funded? (Do not list City grant as part of your revenue).
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Agency Grant Funding
Document Submittal Checklist
Grantee Initial of
Acknowledgement
Document Submitted
Yes or No
Grant Application
Three (3) Most Recent 990’s
Filed With IRS
Three (3) Most Current P & L
Statements
Three (3) Most Recent Balance
Sheets
Completed Campaign Disclosure
Form
Completed Program/Event
Budget
Insurance Requirements
Copy of Current Business
Certificate
Final Year-end Report From
Prior Years Grant Award
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CITY OF SOLVANG
GRANT FUNDING AGREEMENT
FISCAL YEAR 2024-2025
PARTIES AND DATE. This Agreement is made and entered into this 1st day of July 2024 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and XXX., a California non-profit Corporation with its principal place of business at XXX (“Grantee”). City and Grantee are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The Parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1.02 Services : Grantee shall perform the services listed in the program funding request of grant application described and set forth as Exhibit A, attached hereto and incorporated herein as though set forth in full.
Grantee shall determine the method, details and means of performing the abovereferenced services.
Grantee may, at their own expense, employ such assistants as Grantee deems necessary to perform the services required of Grantee by this agreement. However, Grantee may not assign this agreement to any other person or entity in the performance of required project-related services, and City may not control, direct or supervise Grantee’s assistants or employees in the performance of those services.
1.03 Standard of Performance: Grantee’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Grantee’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Grantee of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subcontractors. By delivery of completed work, Grantee certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Grantee is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Grantee shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Grantee, City agrees to grant funds to Grantee in the amount not to exceed the sum of XXX. Payment of funds are contingent upon [Select one option, delete other language and brackets: receipt of the signed Agreement / submittal of the financial documentation required in Section 5.01(a)].
1.05 Billing/Payment Terms. All payments to Grantee for services and related expenses will be paid by City within 30 (thirty) days of receipt of [Select one option, delete 141
other language and brackets: signed Agreement / all financial documentation required in Section 5.01(a)].
2.0 OBLIGATIONS OF GRANTEE
2.01 Contract Management and Service Performance: Grantee represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. The City approved Grantee representative (“Grantee representative”) identified in Exhibit A is deemed to be specially experienced and is a key member of the Grantee’s project team and shall be directly involved in the performing, supervising, or assisting in the performance of the services described in Exhibit A. Grantee Representative shall communicate with and periodically report to City’s Project Manager on the progress of the work. No work shall be assigned to a subcontractor without City’s written consent.
2.02 Avoidance of Conflict of Interest.
(a) Grantee may represent, perform services for, and be employed by additional individuals or entities, in Grantee’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Grantee’s services under this Agreement.
(b) Grantee shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Grantee who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest.
Therefore, it is incumbent upon the Grantee to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Grantee unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Grantee, except as indicated in Subsection (d). (Initials).
(d) In accomplishing the scope of services of this Agreement, Grantee will be performing a specialized or general service for the City, and there is substantial likelihood that the Grantee’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None
2.03 Tools and Instrumentalities: Grantee shall provide all tools and instrumentalities to perform the services under this agreement.
2.04 Workers’ Compensation and Other Employee Benefits: City and Grantee intend and agree that Grantee is an independent contractor of City and agree that Grantee and Grantee’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Grantee agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Grantee’s employees and agents. Grantee agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Grantee and any of Grantee’s employees or agents. 142
2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Grantee shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Grantee’s performance or Grantee’s failure to perform its obligations under this Agreement or out of the operations conducted by Grantee, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Grantee shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Grantee’s performance or Grantee’s failure to perform its obligations under this Agreement or out of the operations conducted by Grantee, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Grantee is a “design professional”, and the Scope of Services require Grantee to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Grantee shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Grantee and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Grantee, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Grantee shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Grantee unless adequately corrected by Grantee. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Grantee’s performance of this Agreement, the Grantee shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Grantee under this paragraph exceed Grantee’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Grantee shall meet and confer with other parties regarding unpaid defense costs.
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(d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Grantee and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Grantee will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct.
Except as otherwise required by Civil Code Section 2782.8, Grantee 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. The provisions of this Section 2.05 shall survive completion of Grantee’s services or the termination of this Agreement.
2.06 Insurance: Grantee 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.
2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a Grantee, and aggregated contributions from persons or entities related to the party. Grantee is required to fill out and provide the attached Exhibit D ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
3.0 OBLIGATIONS OF CITY
3.01 City Project Manager and Services by City: City’s “Project Manager”, as that person is designated by the City from time to time, is the City Manager.
4.0 TERMINATION OF AGREEMENT
4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.
4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the Term; or
d. Assignment of this agreement by Grantee without the consent of City. e. Death of any party.
4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
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4.04 Termination: This agreement shall terminate on February 28, 2025, unless prior to the end of the Term, Parties amend the Agreement pursuant to Section 6.16 to extended the Term.
4.05 Effect of Termination by Grantee: If Grantee terminates this Agreement pursuant to Section 4.01, or this Agreement is terminated due to an action of Grantee described in Section 4.02(a), (b), (d), or (e) or due to Grantee’s default pursuant to Section 4.03, the Project Manager may take appropriate action under this Agreement, at law or in equity, including requiring Grantee to repay City any funds received.
5.0 SPECIAL PROVISIONS
5.01 Required Documentation: Grantee shall provide the following deliverables to the City:
(a) [delete this requirement if not applicable] Financial documentation, including an itemized report detailing how the funds were expended, receipts or other proof of payment and documentation of actual costs incurred by Grantee for the Services described in Exhibit A. Receipts of any expenditures shall be maintained for a minimum of two years and be made available upon City’s request. (b) Sample promotional materials, if applicable.
(c) End-of-year program report, on the form included in Exhibit B, for each program year during the term of the Agreement.
5.02 Time Schedule: Grantee is to begin work upon receipt and execution of the Agreement. Grantee agrees to complete all work within the Term of this Agreement. If the services are incomplete by the end of the Term, the Project Manager may take appropriate action under this Agreement, at law or in equity, including requiring Grantee to repay the City any funds received.
5.03 Restriction and Limitation on Use of Funds: Grantee warrants that funds granted by the Agreement shall be used solely for the purpose and services described in Exhibit A.
If the activity that is to be funded under this Agreement is canceled or substantially altered, Grantee agrees to notify City immediately and to refund the grant amount in full or in part as directed by City. City determines that the funds granted under this agreement are for a project that provides a public benefit within the City of Solvang. Grant funds granted by this Agreement shall not be used:
(a) To construct a public works project as that term is defined in California Labor Code Section 1771, or any administrative or judicial authorities interpreting that section; (b) for political campaigning purposes or activities or to endorse, fundraise, campaign, or otherwise support or oppose a candidate for a City or Solvang elected office; (c) religious activities; or
(d) administrative or overhead costs.
5.04 Nondiscrimination: Grantee shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, and sexual orientation.
5.05 Audit of Records: At any time during normal business hours and as often as it may deem necessary, Grantee shall make available to a representative of City for examination of all its records with respect to all matters covered by this Agreement and will permit City to 145
audit, examine and/or reproduce such records. Grantee will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this Agreement.
5.06 Prevailing Wages: To the extent any work performed by or for the Grantee pursuant to this Agreement requires that the payment and reporting of payment of prevailing wages pursuant to State law, such obligation is the responsibility of Grantee.
6.0 MISCELLANEOUS
6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY
ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO GRANTEE:
XXXXXX
XXXXXX
XXXXXX
XXXXXX
6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6.06 Ownership of Work Product: The work product, including without limitation, all 146
original reports, writings, recordings, drawings, files, and detailed calculations developed under this Agreement are the property of the Grantee. City may request any drawings, designs, data, photographs, report and other documentation directly related to the project (other than Grantee's drafts, notes and internal memoranda), including duplication of same, prepared by Grantee in the performance of these services.
6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Grantee as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Grantee.
(b) In the event of any conflict between the terms of this Agreement and the terms of an exhibit, the terms of this Agreement shall control, even if the exhibit purports to modify this Agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this Agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 2.05. Furthermore, any attempt to limit liability to City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: .
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Grantee to any person or entity. Any assignment or attempt to assign by Grantee whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this 147
agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this Agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.
6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
CITY OF SOLVANG GRANTEE
XXXXXX.
By: By:
Randy Murphy, City Manager [Name, Title]
APPROVED AS TO FORM
Richards, Watson & Gershon
By: ___
Chelsea O’Sullivan, City Attorney
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EXHIBIT A
SCOPE OF PROPSAL
AND
YEAR END REPORT
1. DESCRIPTION OF SERVICES:
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EXHIBIT B
End of Year Report
JULY 1, 2024 – JUNE 30, 2025
Agency Name:
Contract Amount: $
Activity or Program Name:
Activity Location:
Agency Contact Name:
Agency Contact Number:
1. Please describe the activity or program accomplishments.
2. How and what was the grant money spent on?
3. Comment on areas of significant deviation from the activity/program goals and objectives, if any.
4. Comment on any areas of significant deviation from the budget proposal submitted with the activity/project application, if any.
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Grantee will maintain insurance in conformance with the requirements set forth below. Grantee will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Grantee agrees to amend, supplement or endorse the existing coverage to do so. Grantee 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 City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Grantee shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Grantee owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Grantee or Grantee’s employees will use personal autos in any way on this project, Grantee shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Waived_ Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Grantee and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Grantee. Grantee and City agree to the following with respect to insurance provided by Grantee:
1. Grantee agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Grantee also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Grantee, or Grantee’s employees, or agents, from waiving the right of subrogation prior to a loss. Grantee agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Grantee and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
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4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. Grantee’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Grantee shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Grantee’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Grantee or deducted from sums due Grantee, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Grantee or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Grantee agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Grantee, provide the same minimum insurance coverage required of Grantee. Grantee agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Grantee agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. If Grantee’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Grantee, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Grantee shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Grantee ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Grantee, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Grantee acknowledges and agrees that any actual or alleged failure on the part of City to inform Grantee of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Grantee will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies 152
Grant 2024-2025
whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Grantee shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Grantee’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Grantee under this agreement. Grantee expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Grantee agrees to be responsible for ensuring that no contract used between itself and its subGrantees’ reserves the right to charge City or Grantee for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Grantee agrees to provide immediate notice to City of any claim or loss against Grantee arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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CITY OF SOLVANG
Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street │ Solvang, CA 93463 │ www.cityofsolvang.com │ (805) 688-5575
APPLICANT/INTERESTED PARTY INFORMATION
Applicant Name:
Phone: Email (required):
Representative/Agent:
Phone: Email:
Mailing Address:
City: State: Zip:
Website:
Name and subject matter of applicant’s proceeding:
CONTRIBUTION DISCLOSURE (GOVERNMENT CODE SECTION 84308) Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof, that are affiliated with the above-referenced proceeding. You may attach additional pages as necessary to list contributions made to involved agency officers and provide additional information about the contributor's relationship with the recipient.
Contributor Name:
Date of Contribution Recipient Office/Candidate Contribution Amount ($):
Refund: Yes or No;
Date of Refund.
☐ By checking this box I certify that I have not given any contributions consistent with Government Code Section 84308
ACKNOWLEDGEMENT
This form must be updated after each contribution, and no less than 45 days before any agency consideration regarding the abovereferenced application. Completion of this form does not waive or in any way impact a party's obligation to disclose such contributions over $250 on the record of the proceeding pursuant to Government Code section 84308(e).
I declare under penalty of perjury that the information which has been included in this Disclosure Form is true and correct:
Signature: _______________________________________________ Date: ______________________________ Print Name: ______________________________________________
OFFICIAL USE ONLY
File/Project No: Date Received:
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