Sonoma City Council
March 16, 2022

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom. The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.

REGULAR MEETING OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, March 16, 2022
https://zoom.us/j/94943925973
6:00 p.m. Regular Meeting
****
AGENDA
Be Courteous - TURN OFF your cell phones and pagers while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Barnett, Felder, Lowe, Agrimonti, Ding)

PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. PRESENTATIONS

3.1: Andrew Henings, Consulting, LLC - City of Sonoma Homelessness Strategic Initiatives Presentation

3.2: Sonoma Counter Water Agency - Draft Water Transmission Budget

4. CONSENT CALENDAR – CITY COUNCIL

All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

4.2: Expenditure Report for the Month of February 2022 (Acting City Manager) RECOMMENDATION: Accept Report
Agenda Report - Expenditure Report for the Month of February 2022 - Pdf 4 - 15

4.3: Adopt a Resolution of the City Council of the City of Sonoma Approving a Fire Protection and Emergency Medical Services Agreement Between the City of Sonoma and the Sonoma Valley Fire Protection District and Authorizing the City Manager to Execute the Documents. (Sonoma Fire Chief) RECOMMENDATION: Adopt the Resolution
Agenda Report - Approve a Fire Protection and Emergency Medical Services Agreement - Pdf
16 - 44

4.4: Adopt a Resolution of the City Council of the City of Sonoma Approving a Financial Services Agreement with Rash Curtis & Associates for Debt Collection Services and Authorizing the City Manager to Execute the Agreement (Acting City Manager)
RECOMMENDATION: Adopt the Resolution
Agenda Report - Rash Curtis & Associates Financial Services Agreement - Pdf 45 - 53

5. PUBLIC HEARING

6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

6.1: Adopt a Resolution Authorizing The City Manager To Extend the Memorandum Of Understanding With Sonoma Overnight Support (SOS) for the Operation of a Safe Parking Program from April 1, 2022, to June 30, 2022 (Acting City Manager)
RECOMMENDATION: Adopt the Resolution
Agenda Report - Extend the Memorandum Of Understanding With Sonoma Overnight Support (SOS) for the Operation of a Safe Parking Program - Pdf 54 - 74

6.2: Adopt a Resolution of the City Council of the City of Sonoma Establishing an Ad Hoc Advisory Subcommittee on Parklets and Appoint Two Councilmembers to the Subcommittee (Acting City Manager)
RECOMMENDATION: Adopt the Resolution
Agenda Report - Establishing an Ad Hoc Advisory Subcommittee on Parklets - Pdf
75 - 78

6.3: Discussion, Consideration and Possible Action to Approve a Resolution and Employment Agreement Appointing Sue Casey as Acting City Manager Effective February 16, 2022 (City Attorney)
RECOMMENDATION: Adopt the Resolution
Agenda Report - Resolution and Employment Agreement Appointing Sue Casey as Acting City Manager Effective February 16, 2022 - Pdf 79 - 91

7. COUNCILMEMBERS’ REPORTS AND COMMENTS

7.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will shared at this time. A list of all appointments is available on our City Website for easy reference.

8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

8.1: Future Agenda Items

9. CITY ATTORNEY COMMENTS

10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted on the City Website on January 2020. Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Expenditure Report for the Month of February 2022
Summary
The attached report shows disbursements for the month of February 2022.

Recommended Council Action
Recommendation: Accept Report
Alternative Actions
Council Discretion
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Staff Report AIS Expenditure Report Final
Monthly Payables Report, February 2022
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.2:

City of Sonoma
City Council
Agenda Item Summary
City Council Agenda Item:

Meeting Date:

Consent
March 16th,
2022
Department
Administration
Staff Contact
Sue Casey, Acting City Manager
Agenda Item Title
Expenditure Report for the Month of February 2022
Summary
The attached report shows disbursements for the month of February 2022.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion
Financial Impact
No direct financial impact. Monthly expenditure report.

Environmental Review Status
Environmental Impact Report Approved/Certified
Negative Declaration No Action Required
Exempt Action Requested
X Not Applicable
Attachments:

Monthly Payables Report, February 2022
____________________________________________________________________________________________________ Alignment with Council Goals:
cc:

Agenda Item #4.2:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
February 2022
Vendor No Vendor Name Check Date Check Amount
Check No Invoice No Description Reference
00000063 VOYA/ING Financial Services
Electronic Payment Deferred Comp VOYA/ING Employer 02/03/2022 3.74 Deferred Comp VOYA/ING Employer 02/03/2022 46.26
Deferred Comp VOYA/ING 02/03/2022 14.98
Deferred Comp VOYA/ING 02/03/2022 160.02
225.00
00000066 AFLAC
98183 805532 Short-Term Disability Premiums 02/03/2022 645.78 98266 189121 Short-Term Disability Premiums 02/17/2022 645.78 1,291.56
00000068 American International Group (AIG) 02/03/2022
Electronic Payment Deferred Comp AIG/VAL Employer 02/03/2022 9.99 Deferred Comp AIG/VALIC Flat 02/03/2022 44.99
Deferred Comp AIG/VAL Employer 02/03/2022 115.01
Deferred Comp AIG/VALIC Flat 02/03/2022 25.02
Deferred Comp AIG/VALIC Flat 02/03/2022 254.99
Deferred Comp AIG/VALIC % 02/03/2022 200.52
Deferred Comp AIG/VALIC % 02/03/2022 50.11
700.63
00000159 Bank Of New York Mellon
98185 252-2419337 Admin Fee 02/03/2022 275.00
275.00
00000172 Bay Area Barricade Service
98240 0028457 Supplies 02/10/2022 79.02

79.02 00000215 Boldt Electric Co
98186 9668 HVAC Services 02/03/2022 677.45
98241 9715 Electrical Services 02/10/2022 1,965.40
98268 9714 HVAC Services 02/17/2022 4,500.00
7,142.85
00000262 B.W.S. Distributors Inc
98238 272844 Supplies 02/10/2022 371.02
272844 Supplies 02/10/2022 137.04
272873 Supplies 02/10/2022 585.31
1,093.37
00000347 Church's Tree Service
98312 Banner Removal/Installation 02/24/2022 450.00
Tree Maintenance 02/24/2022 1,200.00
Tree Maintenance 02/24/2022 300.00
Banner Removal/Installation 02/24/2022 450.00
Holiday Banner/Flag Removal 02/24/2022 450.00
Tree Maintenance 02/24/2022 4,200.00
Banner Removal/Installation 02/24/2022 3,500.00
Holiday Banner/Flag Removal 02/24/2022 1,200.00
Holiday Banner/Flag Removal 02/24/2022 450.00
Tree Maintenance 02/24/2022 600.00
12,800.00
00000388 Comcast
98188 January 2022 Communications 02/03/2022 72.65

72.65 00000446 KLH Consulting Inc
98285 140707 Billable Time 02/17/2022 371.25
142485 Billable Services 02/17/2022 42.50
142706 Docking Station/Dual Monitor Laptop Dock 02/17/2022 314.26 Total for Vendor 00000388 (Comcast):

Total for Vendor 00000347 (Church's Tree Service):

Total for Vendor 00000262 (B.W.S. Distributors Inc):

Total for Vendor 00000063 (VOYA/ING Financial Services):

Total for Vendor 00000066 (AFLAC):

Total for Vendor 00000068 (American International Group (AIG)):

Total for Vendor 00000159 (Bank Of New York Mellon):

Total for Vendor 00000172 (Bay Area Barricade Service):

Total for Vendor 00000215 (Boldt Electric Co):
1 of 10
Agenda Item #4.2:

142761 Billable Time 02/17/2022 2,143.14
142763 Billable Time 02/17/2022 42.50
MSP-142664 Data Watch Services, March 2022 02/17/2022 5,160.50 8,074.15
00000465 Dept Of Industrial Relations
98276 S 1851180 SA Conveyance Inspection 02/17/2022 675.00 675.00
00000469 Department of Justice
98192 554171 Fingerprinting Services 02/03/2022 126.00
126.00
00000477 Dewitt's Tire Recycle and Auto Repair
98277 0065992 Tires & Disposal 02/17/2022 651.20
651.20
00000487 Division Of The State Architect
98249 Q4 2021 DSA Q4 2021 02/10/2022 69.60

69.60 00000527 State of California Employment Development Dept.

Electronic Payment State Income Tax 02/03/2022 504.04
State Income Tax 02/03/2022 3,966.05
State Income Tax 02/03/2022 173.51
State Income Tax 02/03/2022 33.55
4,677.15
00000589 CoreLogic Solutions, LLC
98245 82116786 Assessor Parcel Data Subscription 02/10/2022 165.00 165.00
00000597 Fishman Supply Co
98195 1334271 Janitorial Supplies 02/03/2022 96.86
1335388 Janitorial Supplies 02/03/2022 317.45
1337574 Janitorial Supplies 02/03/2022 118.65
532.96
00000642 Friedman's Home Improvement - PW
98196 004SOFE04164158 Parts & Supplies 02/03/2022 6.57
004SOFE05163950 Parts & Supplies 02/03/2022 27.70
004SOFE06164150 Parts & Supplies 02/03/2022 5.67
004SONU01133893 Parts & Supplies 02/03/2022 66.36
1639509146781 Parts & Supplies 02/03/2022 3.14
1641308809931 Parts & Supplies 02/03/2022 28.48
1641330631912 Parts & Supplies 02/03/2022 66.50
1641417509481 Parts & Supplies 02/03/2022 66.67
1641490940933 Parts & Supplies 02/03/2022 97.25
1642185033490 Parts & Supplies 02/03/2022 8.10
98251 1643817851807 Parts & Supplies 02/10/2022 105.15
1643836489398 Parts & Supplies 02/10/2022 47.95
98279 1643049275675 Parts & Supplies 02/17/2022 102.56
98314 12678703 Parts & Supplies 02/24/2022 39.35
12889567 Parts & Supplies 02/24/2022 45.28
13416816 Parts & Supplies 02/24/2022 43.42
13451405 Parts & Supplies 02/24/2022 32.03
13463739 Parts & Supplies 02/24/2022 117.90
13533070 Parts & Supplies 02/24/2022 232.98
13564559 Parts & Supplies 02/24/2022 36.60
1644866548685 Parts & Supplies 02/24/2022 61.91
CN-220475 Parts & Supplies 02/24/2022 -10.90
98315 13449590 Parts & Supplies 02/24/2022 64.32
13481662 Parts & Supplies 02/24/2022 14.39
13495642 Parts & Supplies 02/24/2022 369.44
13525796 Parts & Supplies 02/24/2022 54.94
13537384 Parts & Supplies 02/24/2022 74.24
13568937 Parts & Supplies 02/24/2022 68.07
13572841 Parts & Supplies 02/24/2022 15.52
13599295 Parts & Supplies 02/24/2022 182.34
CN-207128 Parts & Supplies 02/24/2022 -26.93
2,047.00
00000720 Grainger
98253 9907004072 Supplies 02/10/2022 270.13
270.13
Total for Vendor 00000642 (Friedman's Home Improvement - PW):

Total for Vendor 00000465 (Dept Of Industrial Relations):

Total for Vendor 00000446 (KLH Consulting Inc):

Total for Vendor 00000469 (Department of Justice):

Total for Vendor 00000477 (Dewitt's Tire Recycle and Auto Repair):

Total for Vendor 00000487 (Division Of The State Architect):

Total for Vendor 00000527 (State of California Employment Development Dept.):

Total for Vendor 00000589 (CoreLogic Solutions, LLC):

Total for Vendor 00000597 (Fishman Supply Co):

Total for Vendor 00000720 (Grainger):

Monthly Payables Report, February 2022 2 of 10
Agenda Item #4.2:

00000829 ICMA RC
Electronic Payment Deferred Comp ICMA Employer 02/03/2022 25.00 Deferred Comp ICMA Employer 02/03/2022 558.54
Deferred Comp ICMA 02/03/2022 138.73
Deferred Comp ICMA Employer 02/03/2022 31.25
Deferred Comp ICMA 02/03/2022 36.25
Deferred Comp ICMA 02/03/2022 2,910.70
Deferred Comp ICMA % 02/03/2022 3.72
Deferred Comp ICMA % 02/03/2022 850.08
Deferred Comp ICMA Employer 02/03/2022 123.71
4,677.98
00000833 Ricoh USA, Inc
98295 105824733 Copier Lease/Maintenance 02/17/2022 434.60 105857231 Copier Lease/Maintenance 02/17/2022 294.82
729.42
00000901 Kaiser Foundation Health Plan
98284 March 2022 Health Benefits, March 2022 02/17/2022 5,674.11 March 2022 Health Benefits, March 2022 02/17/2022 26,917.05 March 2022 Health Benefits, March 2022 02/17/2022 2,004.44 34,595.60
00000967 Cathy Lanning
98255 Reimbursement Conference Expenses 02/10/2022 264.76 264.76
00001044 Lynx Technologies
98286 9570 GIS Website Maintenance, January 2022 02/17/2022 500.00 9571 GIS Services, January 2022 02/17/2022 780.00
1,280.00
00001110 Avenu/Muniservices
98309 INV06-013205 SUTA SERVICES, Q2, 2021 02/24/2022 2,969.39 2,969.39
00001262 Quadient Leasing USA, Inc.
98292 N9261808 Postage Equipment Lease/Maintenance 02/17/2022 300.26 300.26
00001315 Office Depot - City
98288 224393830001 Office Supplies 02/17/2022 52.83
226419035001 Office Supplies 02/17/2022 76.16
98318 218668383001 Office Supplies 02/24/2022 76.83
219100490001 Office Supplies 02/24/2022 57.18
219430450001 Office Supplies 02/24/2022 65.72
219572392001 Office Supplies 02/24/2022 14.16
219595709001 Office Supplies 02/24/2022 44.24
220740396001 Office Supplies 02/24/2022 -11.90
375.22
00001330 AT&T
98267 000017409139 Communications 02/17/2022 321.63
000017411007 Communications 02/17/2022 323.85
000017411007 Communications 02/17/2022 365.19
000017699775 Communications 02/17/2022 321.51
000017701643 Communications 02/17/2022 328.00
000017701643 Communications 02/17/2022 369.88
2,030.06
00001333 Pacific Telemanagement Services
98203 2079758 Payphone 02/03/2022 53.00

53.00 00001355 Patt's Copy World
98204 93748 Printing Services, Depot Park HVAC Project 02/03/2022 45.78

45.78 00001370 CalPERS
Electronic Payment CalPERS 02/03/2022 1,335.80
CalPERS City Contribution 02/03/2022 1,441.94
CalPERS City Contribution 02/03/2022 503.70
PERS Survivor Benefit 02/03/2022 28.62
CalPERS cost sharing 02/03/2022 87.84
PERS Survivor Benefit 02/03/2022 1.62
CalPERS cost sharing 02/03/2022 280.11
Total for Vendor 00001333 (Pacific Telemanagement Services):

Total for Vendor 00001330 (AT&T):

Total for Vendor 00001315 (Office Depot - City):

Total for Vendor 00001110 (Avenu/Muniservices):

Total for Vendor 00001262 (Quadient Leasing USA, Inc.):

Total for Vendor 00001355 (Patt's Copy World):

Total for Vendor 00000829 (ICMA RC):

Total for Vendor 00000833 (Ricoh USA, Inc):

Total for Vendor 00000901 (Kaiser Foundation Health Plan):

Total for Vendor 00000967 (Cathy Lanning):

Total for Vendor 00001044 (Lynx Technologies):

Monthly Payables Report, February 2022 3 of 10
Agenda Item #4.2:

PERS Survivor Benefit 02/03/2022 6.03
CalPERS 02/03/2022 7,676.08
CalPERS 02/03/2022 415.66
CalPERS cost sharing 02/03/2022 1,570.69
CalPERS City Contribution 02/03/2022 8,534.60
21,882.69
00001390 Pacific Gas And Electric
98319 Stmnt 02.08.22 Utilities 02/24/2022 3,146.55
Stmnt 02.08.22 Utilities 02/24/2022 174.53
Stmnt 02.08.22 Utilities 02/24/2022 1,866.16
Stmnt 02.08.22 Utilities 02/24/2022 989.88
Stmnt 02.08.22 Utilities 02/24/2022 1,832.62
8,009.74
00001449 Public Agency Retirement Services
98320 49488 Defined Benefit 02/24/2022 300.00
300.00
00001493 REMIF
98206 February 2022 Health Benefits, February 2022 02/03/2022 2,169.75 February 2022 Vision Benefits, February 2022 02/03/2022 28.21 February 2022 Dental Benefits, February 2022 02/03/2022 4,128.17 February 2022 Dental Benefits, February 2022 02/03/2022 580.94 February 2022 Health Benefits, February 2022 02/03/2022 18,624.30 February 2022 Vision Benefits, February 2022 02/03/2022 105.55 February 2022 Dental Benefits, February 2022 02/03/2022 191.41 February 2022 Health Benefits, February 2022 02/03/2022 1,022.96 February 2022 Vision Benefits, February 2022 02/03/2022 758.03 98294 March 2022 Employee Assistance Program, March 2022 02/17/2022 11.50 March 2022 Employee Assistance Program, March 2022 02/17/2022 16.05 March 2022 Employee Assistance Program, March 2022 02/17/2022 10.08 March 2022 Employee Assistance Program, March 2022 02/17/2022 1.42 March 2022 Employee Assistance Program, March 2022 02/17/2022 1.09 March 2022 Employee Assistance Program, March 2022 02/17/2022 11.08 March 2022 Employee Assistance Program, March 2022 02/17/2022 5.68 March 2022 Employee Assistance Program, March 2022 02/17/2022 6.11 March 2022 Employee Assistance Program, March 2022 02/17/2022 2.84 March 2022 Employee Assistance Program, March 2022 02/17/2022 4.40 March 2022 Employee Assistance Program, March 2022 02/17/2022 7.71 March 2022 Employee Assistance Program, March 2022 02/17/2022 1.70 March 2022 Employee Assistance Program, March 2022 02/17/2022 17.47 March 2022 Employee Assistance Program, March 2022 02/17/2022 10.79 98321 March 2022 Vision Insurance Benefits, March 2022 02/24/2022 28.21 March 2022 Medical Insurance Benefits, March 2022 02/24/2022 18,624.30 March 2022 Medical Insurance Benefits, March 2022 02/24/2022 1,022.95 March 2022 Dental Insurance Benefits, March 2022 02/24/2022 580.94 March 2022 Vision Insurance Benefits, March 2022 02/24/2022 770.77 March 2022 Dental Insurance Benefits, March 2022 02/24/2022 191.41 March 2022 Vision Insurance Benefits, March 2022 02/24/2022 111.02 March 2022 Medical Insurance Benefits, March 2022 02/24/2022 2,169.75 March 2022 Dental Insurance Benefits, March 2022 02/24/2022 4,167.53 55,384.12
00001560 Phillips Seabrook Associates
98259 220124 Professional Services, Proj#220055 02/10/2022 485.00 485.00
00001564 Sebastiani Building Investors
98208 March 2022 Monthly lease payment 02/03/2022 5,990.00 5,990.00
00001568 SEIU Local 1021
98181 Union Dues 02/03/2022 312.59
Union Dues 02/03/2022 38.59
Union Dues 02/03/2022 106.43
457.61
00001636 Sonoma County Sheriff's Office
98210 9391 Law Enforcement Services, December 2021 02/03/2022 340,773.98 340,773.98
00001637 Sonoma County Water Agency
98323 22197 Monthly Water Purchases 02/24/2022 106,332.26 Total for Vendor 00001637 (Sonoma County Water Agency): 106,332.26 Total for Vendor 00001636 (Sonoma County Sheriff's Office):

Total for Vendor 00001568 (SEIU Local 1021):

Total for Vendor 00001564 (Sebastiani Building Investors):

Total for Vendor 00001370 (CalPERS):

Total for Vendor 00001390 (Pacific Gas And Electric):

Total for Vendor 00001449 (Public Agency Retirement Services):

Total for Vendor 00001493 (REMIF):

Total for Vendor 00001560 (Phillips Seabrook Associates):

Monthly Payables Report, February 2022 4 of 10
Agenda Item #4.2:

00001644 Sonoma Paint Center Inc
98212 00298477 Supplies 02/03/2022 26.16

26.16 00001665 Sonoma Community Center
98209 March 2022 FY21-22 City Sponsorship/Service Contract 02/03/2022 3,333.33 3,333.33
00001673 Sonoma Valley Chamber of Commerce
98213 March 2022 Business & Economic Vitality Svcs, FY21-22 02/03/2022 10,416.66 10,416.66
00001679 Sonoma Materials Inc
98261 129855 Supplies 02/10/2022 97.65
129859 Supplies 02/10/2022 130.20
227.85
00001685 Sonoma Valley Visitors Bureau
98214 March 2022 FY21-22, Monthly Payment Per Contract 02/03/2022 8,333.33 8,333.33
00001705 Sonoma Ecology Center
98211 March 2022 FY21-22 City Sponsorship/Service Contract 02/03/2022 2,083.33 2,083.33
00001706 Sonoma Tourism Improvement Dist.
98262 January 2022 TID Receipts, January 2022 02/10/2022 55.56 January 2022 TID Receipts, January 2022 02/10/2022 64,230.49 64,286.05
00001707 Sonoma Glassworks
98260 Reissue Glass Panes, Reissue 02/10/2022 267.50
267.50
00001721 County of Sonoma, General Services
98274 FL-1768 Fleet Charges, December 2021 02/17/2022 9,906.51 FL-1768 Fleet Charges, December 2021 02/17/2022 464.01
FL-1768 Fleet Charges, December 2021 02/17/2022 4,286.32 14,656.84
00001812 The Rental Place
98216 449509-4 Equipment Rental 02/03/2022 324.80
98264 456317-4 Propane 02/10/2022 21.65
346.45
00001893 U.S. Bank Corp Pmt System
98327 Stmnt 1.10.22 Monthly Credit Card Purchases 02/24/2022 6,906.91 6,906.91
00001895 U.S. Bank PARS Acct #6746022400
98182 PARS 02/03/2022 31.14

31.14 00001912 Verizon Wireless
98305 9897292592 Wireless Communications 02/17/2022 467.33 98329 9897642413 Wireless Communications 02/24/2022 268.09 9897642413 Wireless Communications 02/24/2022 220.62
9897642413 Wireless Communications 02/24/2022 53.96
9897642413 Wireless Communications 02/24/2022 70.01
9897642413 Wireless Communications 02/24/2022 157.17
9897642413 Wireless Communications 02/24/2022 31.94
9897642413 Wireless Communications 02/24/2022 235.75
9897642413 Wireless Communications 02/24/2022 254.16
1,759.03
00001928 Boys and Girls Clubs of Sonoma Valley
98187 March 2022 FY21-22, City Sponsorship/Service Contract 02/03/2022 4,583.33 4,583.33
00001989 GHD
98252 380-0002898 Engineering Services, Proj#11230313 02/10/2022 50,456.56 380-0007225 Engineering Services, Proj#11230313 02/10/2022 25,623.34 380-0008551 Engineering Services, Proj#12572236 02/10/2022 12,606.41 88,686.31
Total for Vendor 00001721 (County of Sonoma, General Services):

Total for Vendor 00001707 (Sonoma Glassworks):

Total for Vendor 00001706 (Sonoma Tourism Improvement Dist.):

Total for Vendor 00001705 (Sonoma Ecology Center):

Total for Vendor 00001685 (Sonoma Valley Visitors Bureau):

Total for Vendor 00001679 (Sonoma Materials Inc):

Total for Vendor 00001673 (Sonoma Valley Chamber of Commerce):

Total for Vendor 00001665 (Sonoma Community Center):

Total for Vendor 00001644 (Sonoma Paint Center Inc):

Total for Vendor 00001812 (The Rental Place):

Total for Vendor 00001893 (U.S. Bank Corp Pmt System):

Total for Vendor 00001895 (U.S. Bank PARS Acct #6746022400):

Total for Vendor 00001912 (Verizon Wireless):

Total for Vendor 00001928 (Boys and Girls Clubs of Sonoma Valley):

Total for Vendor 00001989 (GHD):

Monthly Payables Report, February 2022 5 of 10
Agenda Item #4.2:

2332 U.S. Department of the Treasury
Electronic Payment Medicare Employer Portion 02/03/2022 21.20 Federal Income Tax 02/03/2022 553.20
Medicare Employer Portion 02/03/2022 267.37
Medicare Employer Portion 02/03/2022 81.16
Medicare Employee Portion 02/03/2022 1,496.62
Federal Income Tax 02/03/2022 10,831.48
Federal Income Tax 02/03/2022 1,743.42
Federal Income Tax 02/03/2022 48.23
Medicare Employee Portion 02/03/2022 81.16
Medicare Employee Portion 02/03/2022 21.20
Medicare Employee Portion 02/03/2022 267.37
Medicare Employer Portion 02/03/2022 1,496.62
16,909.03
2348 Bolt
98242 44545 Temporary Staffing, W/E 1.14.22 02/10/2022 438.60 44545 Temporary Staffing, W/E 1.14.22 02/10/2022 573.84 44545 Temporary Staffing, W/E 1.14.22 02/10/2022 879.03 44545 Temporary Staffing, W/E 1.14.22 02/10/2022 135.24 44545 Temporary Staffing, W/E 1.14.22 02/10/2022 787.64 44722 Temporary Staffing, W/E 1.28.22 02/10/2022 879.03 44722 Temporary Staffing, W/E 1.28.22 02/10/2022 135.24 44722 Temporary Staffing, W/E 1.28.22 02/10/2022 573.84 44722 Temporary Staffing, W/E 1.28.22 02/10/2022 438.60 44722 Temporary Staffing, W/E 1.28.22 02/10/2022 787.64 5,628.70
2349 Kone Inc
98201 962089861 Elevator Maintenance 02/03/2022 197.82
962089863 Elevator Maintenance 02/03/2022 298.86
496.68
2355 Sonoma County Public Safety Consortium
98300 Q3 2020-21 Q3 20-21, 20% Shared System Support & Management Budget 02/17/2022 13,477.12 13,477.12
2378 Sonoma Media Investments
98325 28700 Recruitment & Advertising 02/24/2022 1,048.50 28700 Recruitment & Advertising 02/24/2022 872.00
28700 Recruitment & Advertising 02/24/2022 674.51
28700 Recruitment & Advertising 02/24/2022 944.00
28700 Recruitment & Advertising 02/24/2022 128.00
28700 Recruitment & Advertising 02/24/2022 650.02
28700 Recruitment & Advertising 02/24/2022 631.50
30915 Recruitment & Advertising 02/24/2022 64.00
30915 Recruitment & Advertising 02/24/2022 1,696.00
31917 Recruitment & Advertising 02/24/2022 919.00
31917 Recruitment & Advertising 02/24/2022 279.00
32896 Recruitment & Advertising 02/24/2022 1,939.00
32896 Recruitment & Advertising 02/24/2022 4,677.00
14,522.53
2412 E.K. Excavating Inc
98250 4698 Drop Inlet Installation, 506 Ave Del Oro 02/10/2022 11,368.00 11,368.00
2463 ER Plumbing Inc
98194 3545 Plumbing Services 02/03/2022 245.00
245.00
2522 Rita Gipson
98281 Reimbursement Mileage 02/17/2022 24.86

24.86 2622 US Bank Voyager Fleet Sys
98218 8693802532205 Fuel 02/03/2022 1,760.50
98328 8693322052205 Fuel 02/03/2022 171.61
8693322052205 Fuel 02/03/2022 1,268.50
8693322052205 Fuel 02/03/2022 80.00
8693322052205 Fuel 02/03/2022 192.58
8693322052205 Fuel 02/03/2022 273.51
8693322052205 Fuel 02/03/2022 471.13
Total for Vendor 2622 (US Bank Voyager Fleet Sys): 4,217.83 Total for Vendor 2522 (Rita Gipson):

Total for Vendor 2412 (E.K. Excavating Inc):

Total for Vendor 2463 (ER Plumbing Inc):

Total for Vendor 2378 (Sonoma Media Investments):

Total for Vendor 2355 (Sonoma County Public Safety Consortium):

Total for Vendor 2349 (Kone Inc):

Total for Vendor 2348 (Bolt):

Total for Vendor 2332 (U.S. Department of the Treasury):

Monthly Payables Report, February 2022 6 of 10
Agenda Item #4.2:

2774 Staples Advantage
98215 3495166456 Office Supplies 02/03/2022 21.79
98303 3497184713 Office Supplies 02/17/2022 53.13

74.92 2791 California Building Officials
98269 14939 2022-2023 Class I Dues 02/17/2022 215.00
215.00
2838 Frye's Printing Inc
98197 22-34718 Business Cards 02/03/2022 256.34
98280 21-34309 Business Cards 02/17/2022 561.55
21-34899 Business Cards 202.42
98316 22-35052 Windowed Envelopes 02/24/2022 353.25
1,373.56
2851 American Realty and Investments
98308 2022 50% 2022 Insurance Premiums 02/24/2022 7,306.97 21-22 21/22 2nd Installment Property Tax & Sanitary Sewer Charges 02/24/2022 17,544.23 24,851.20
2995 Ready Refresh
98205 12A0028300440 Water Delivery/Cooler Rental 02/03/2022 112.71 98293 02A0032628554 Water Delivery/Cooler Rental 02/17/2022 118.86 02A0032628596 Water Delivery/Cooler Rental 02/17/2022 15.43 247.00
3003 County of Sonoma Information Systems
98189 ISD-0000027239 Records Storage Charge 02/03/2022 9.00 ISD-0000027345 Telephone Line/Usage Charges 02/03/2022 846.96 98273 ISD-0000027585 Records Storage Charge 02/17/2022 9.00 ISD-0000027675 Telephone Line/Usage Charges 02/17/2022 849.13 1,714.09
3024 HdL Coren and Cone
98254 SIN014499 Contract Services Property Tax: Jan - March 2022 02/10/2022 2,025.00 2,025.00
3197 Rebekah Barr
98239 Reimbursement Mileage, 9.22.21 - 12.14.21 02/10/2022 235.42 235.42
3294 Employment Development Department
98313 L0196848912 Unemployment Insurance Benefit Charge 02/24/2022 2,028.80 L0196848912 Unemployment Insurance Benefit Charge 02/24/2022 507.20 2,536.00
3304 Colantuono, Highsmith & Whatley PC
98244 Legal Services, December 2021 02/10/2022 223.30
Legal Services, December 2021 02/10/2022 83.74
Legal Services, December 2021 02/10/2022 139.56
Legal Services, December 2021 02/10/2022 13,844.09
Legal Services, December 2021 02/10/2022 307.04
Legal Services, December 2021 02/10/2022 334.95
14,932.68
3421 CSI Paint
98246 N0132812 Paint Supplies 02/10/2022 1,235.89
1,235.89
3426 CDW Government
98311 896567 Annual Microsoft Office Licenses 02/24/2022 17,899.15 17,899.15
3445 RingCentral Inc
98296 CD_000352148 Communications 02/17/2022 1,784.44
1,784.44
3491 Sonoma Valley Fire & Rescue Authority
98302 COS_010122 2021/22 City of Sonoma & SV Fire District Contract 02/17/2022 454,645.75 COS_020122 2021/22 City of Sonoma & SV Fire District Contract 02/17/2022 454,645.75 98326 SAFER_Q3_21 Q3 SAFER Grant Match Funds 02/24/2022 28,246.59 937,538.09
Total for Vendor 3197 (Rebekah Barr):

Total for Vendor 2995 (Ready Refresh):

Total for Vendor 3003 (County of Sonoma Information Systems):

Total for Vendor 3024 (HdL Coren and Cone):

Total for Vendor 2838 (Frye's Printing Inc):

Total for Vendor 2851 (American Realty and Investments):

Total for Vendor 3294 (Employment Development Department):

Total for Vendor 3304 (Colantuono, Highsmith & Whatley PC):

Total for Vendor 3421 (CSI Paint):

Total for Vendor 3426 (CDW Government):

Total for Vendor 3445 (RingCentral Inc):

Total for Vendor 3491 (Sonoma Valley Fire & Rescue Authority):

Total for Vendor 2791 (California Building Officials):

Total for Vendor 2774 (Staples Advantage):

Monthly Payables Report, February 2022 7 of 10
Agenda Item #4.2:

3527 Richardson & Company LLP
98322 112003 State Controllers Report, Professional Services 02/24/2022 779.00 112003 State Controllers Report, Professional Services 02/24/2022 3,321.00 4,100.00
3564 Hinderliter, de Llamas & Associates
98282 SIN013301 Contract Services - Sales Tax, Oct - Dec 2021 02/17/2022 1,539.38 1,539.38
3569 Goldfarb & Lipman LLP
98198 140984 Legal Services 02/03/2022 576.00
576.00
3582 Municipal Maintenance Equipment, Inc.
98257 0166417-IN Supplies 02/10/2022 1,360.71
1,360.71
3597 Jeffries Public Safety Consulting
98200 SON-22-01 Emergency Management Consulting Services 02/03/2022 433.00 433.00
3665 Moe Engineering, Inc.
98287 2022018 Engineering Services, 1211 Broadway, PN1211 02/17/2022 794.75 2022019 Engineering Services, 369 W Napa St, PN140046 02/17/2022 2,349.00 2022020 Engineering Services, 369 W Napa St, PN140046 02/17/2022 1,729.50 2022021 Engineering Services, 19241 5th St W, PN140057 02/17/2022 1,520.00 2022040 Engineering Services, Dec/Jan 2022 02/17/2022 1,010.00 7,403.25
3695 Jimmy Kough
98202 Reimbursement Supplies 02/03/2022 9.81

9.81 3710 Sonoma Valley Field of Dreams
98301 August 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 December 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 February 2022 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 January 2022 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 July 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 November 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 October 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 September 2021 Monthly Payment, Athletic Field Maintenance/Ops 02/17/2022 3,333.33 26,666.64
3728 Shred-It USA
98298 8000890701 Shredding Services 02/17/2022 216.69
216.69
3778 Quadient Finance USA, Inc.
98291 Stmnt 02.01.22 Postage 02/17/2022 1,053.89
1,053.89
4040 Alterity Broker Solutions, Inc.
98184 February 2022 Life Insurance/LTD Premiums, February 2022 02/03/2022 88.02 February 2022 Life Insurance/LTD Premiums, February 2022 02/03/2022 2,280.29 February 2022 Life Insurance/LTD Premiums, February 2022 02/03/2022 347.83 98307 March 2022 Life Insurance/LTD Premiums, March 2022 02/24/2022 311.22 March 2022 Life Insurance/LTD Premiums, March 2022 02/24/2022 88.02 March 2022 Life Insurance/LTD Premiums, March 2022 02/24/2022 1,972.90 5,088.28
4042 waterTALENT, LLC
98265 3033 Temporary Staffing, W/E 1.23.2022 02/10/2022 5,960.00 3047 Temporary Staffing, W/E 1.30.2022 02/10/2022 6,071.75 12,031.75
4043 Wittman Enterprises, LLC
98220 21110658 Billing Services, November 2021 02/03/2022 9,427.65 21120658 Billing Services, December 2021 02/03/2022 8,676.03 18,103.68
4096 Uline
98217 144214675 Supplies 02/03/2022 211.91
211.91
Total for Vendor 3582 (Municipal Maintenance Equipment, Inc.):

Total for Vendor 3569 (Goldfarb & Lipman LLP):

Total for Vendor 3564 (Hinderliter, de Llamas & Associates):

Total for Vendor 3527 (Richardson & Company LLP):

Total for Vendor 4043 (Wittman Enterprises, LLC):

Total for Vendor 4040 (Alterity Broker Solutions, Inc.):

Total for Vendor 4042 (waterTALENT, LLC):

Total for Vendor 4096 (Uline):

Total for Vendor 3597 (Jeffries Public Safety Consulting):

Total for Vendor 3665 (Moe Engineering, Inc.):

Total for Vendor 3695 (Jimmy Kough):

Total for Vendor 3710 (Sonoma Valley Field of Dreams):

Total for Vendor 3728 (Shred-It USA):

Total for Vendor 3778 (Quadient Finance USA, Inc.):

Monthly Payables Report, February 2022 8 of 10
Agenda Item #4.2:

4109 Jerry Ruth Wheeler
98219 February 2022 Contract Services, February 2022 02/03/2022 3,100.00 January 2022 Contract Services, January 2022 02/03/2022 3,100.00 6,200.00
4153 D & D Pipelines, Inc.
98190 #3 Progress Pay #3, 2020 Fire Flow Improv. Project 02/03/2022 265,422.90 #3 Progress Pay #3, 2020 Fire Flow Improv. Project 02/03/2022 16,219.60 265,422.90
4161 The Backflow Guy, Inc.
98263 17901 Insulated Weather Bags 02/10/2022 180.00
17901 Insulated Weather Bags 02/10/2022 1,250.00
98304 17808 Backflow Services, WO#18129 02/17/2022 8,877.00 10,307.00
4162 Epic Wireless Group, LLC
98278 Refund Deposit Release, 284 First St W 02/17/2022 933.00 933.00
4184 SOLV Business Solutions
98299 417587 1099 Forms 02/17/2022 125.15
125.15
4193 Day's Edge Productions
98191 Refund Post Film Damage Deposit Refund 02/03/2022 300.00 300.00
4194 Sculptural Gates LLC
98207 121521CS Coffin Lift Repair Services 02/03/2022 3,375.30 3,375.30
4195 Terri Holifield
98199 Refund Performance Guarantee Deposit Refund 02/03/2022 10,000.00 10,000.00
4196 DiamondRock, Sonoma Tenant, LLC
98193 Refund Performance Guarantee Deposit Refund 02/03/2022 61,000.00 61,000.00
4197 Dailey Wells Communications, Inc.
98248 21CC081706 Equipment 02/10/2022 4,123.74
4,123.74
4198 Mustang Manufacturing
98258 30715 Supplies 02/10/2022 1,272.10
1,272.10
4199 California Consulting, Inc.
98243 4927 Grant Writing Services 02/10/2022 8,055.54
98310 4954 Grant Writing Services 02/24/2022 4,166.66
12,222.20
4200 Moore Home Services
98256 Refund Inspection Fee Refund, Permit Cancelled 02/10/2022 66.58

66.58 4201 Simone York
98306 Rebate Turf Removal Rebate 02/17/2022 1,000.00
1,000.00
4202 Cynthia Owings
98289 Refund Deposit Release, PN140038 02/17/2022 852.00 852.00
4203 Janine & Stephen Powers
98290 Refund Appeal Application Withdrawn 02/17/2022 500.00 500.00
4204 Janet Chaterji
98270 Refund Cemetery Plot Reservation Refund 02/17/2022 2,232.00 2,232.00
Total for Vendor 4202 (Cynthia Owings):

Total for Vendor 4201 (Simone York):

Total for Vendor 4194 (Sculptural Gates LLC):

Total for Vendor 4193 (Day's Edge Productions):

Total for Vendor 4109 (Jerry Ruth Wheeler):

Total for Vendor 4153 (D & D Pipelines, Inc.):

Total for Vendor 4161 (The Backflow Guy, Inc.):

Total for Vendor 4162 (Epic Wireless Group, LLC):

Total for Vendor 4184 (SOLV Business Solutions):

Total for Vendor 4203 (Janine & Stephen Powers):

Total for Vendor 4204 (Janet Chaterji):

Total for Vendor 4195 (Terri Holifield):

Total for Vendor 4196 (DiamondRock, Sonoma Tenant, LLC):

Total for Vendor 4197 (Dailey Wells Communications, Inc.):

Total for Vendor 4198 (Mustang Manufacturing):

Total for Vendor 4199 (California Consulting, Inc.):

Total for Vendor 4200 (Moore Home Services):

Monthly Payables Report, February 2022 9 of 10
Agenda Item #4.2:

4205 Swapan Chaterji
98271 Refund Cemetery Plot Reservation Refund 02/17/2022 2,232.00 Refund Cemetery Plot Reservation Refund 02/17/2022 2,232.00 4,464.00
4206 Marlanne Hollman
98283 Rebate Turf Removal Rebate 02/17/2022 778.00
778.00
4207 Elizabeth Clerou
98272 Refund Deposit Release, 473 4th St E 02/17/2022 500.00 500.00
4208 Robert Baumann & Associates
98297 Refund Deposit Release 02/17/2022 852.00
852.00
4209 Mark De Ocampo
98275 Refund Deposit Release, 19295 Sonoma Highway 02/17/2022 264.00 264.00
4210 Cathleen Gaehwiler
98317 Refund Deposit Release, 216 Malet Street 02/24/2022 1,419.00 1,419.00
4211 Sonoma Door and Sash Inc
98324 42302 Door 02/24/2022 379.75
42862 Windows 02/24/2022 680.29
42862 Windows 02/24/2022 680.30
1,740.34
Employee Payroll:

Wages/Buyouts 2/3/2022 $97,507.58
Wages/Buyouts 2/17/2022 $95,143.38
Total for Employee Payroll: $192,650.96
Grand Total: $2,568,796.81
Total for Vendor 4211 (Sonoma Door and Sash Inc):

Total for Vendor 4210 (Cathleen Gaehwiler):

Total for Vendor 4209 (Mark De Ocampo):

Total for Vendor 4205 (Swapan Chaterji):

Total for Vendor 4206 (Marlanne Hollman):

Total for Vendor 4207 (Elizabeth Clerou):

Total for Vendor 4208 (Robert Baumann & Associates):

Monthly Payables Report, February 2022 10 of 10
Agenda Item #4.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution of the City Council of the City of Sonoma Approving a Fire Protection and Emergency Medical Services Agreement Between the City of Sonoma and the Sonoma Valley Fire Protection District and Authorizing the City Manager to Execute the Documents.

Summary
On January 23, 2017, the City Council approved an Agreement for Fire Protection and Emergency Medical Services with the Valley of the Moon Fire District for five years, with a term that ended on January 23, 2022.

Representatives from the City and the Sonoma Valley Fire District (formerly the Valley of the Moon Fire Protection District) met recently to review and make necessary changes to the Joint and Mutual Fire Protection and Emergency Medical Services Agreement between the City and the District. The agreement was also reviewed by each agency’s legal counsel.

The new agreement attached as Exhibit A, reflects the name change of the Sonoma Valley Fire District from the Valley of the Moon Fire Protection District and also updates Section 4.

FINANCE 4.1 – 4.7, to reflect current practices, relationships and procedures that are now in place.

The Sonoma Valley Fire District Board approved the contract at their March 8, 2022, Fire District Board meeting.

Staff recommends approval of the revised Agreement which will extend it for additional fiveyear term.

Recommended Council Action
RECOMMENDATION: Adopt the Resolution
Alternative Actions
Council Distraction
Financial Impact
There is no specific financial impact outlined in the contract. Each year, the City and District prepare a budget based on revenues and expenditure needs.

Environmental Review Status
Environmental Impact Report Approved/Certified
Agenda Item #4.3:

Negative Declaration
Exempt
Not Applicable
No Action Required
Action Requested
Attachments
Resolution Sonoma Valley Fire District Contract
Exhibit A City of Sonoma and Sonoma Valley Fire District Contract for Fire Services 2022 Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.3:

CITY OF SONOMA RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

APPROVING A FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES

AGREEMENT BETWEEN THE CITY OF SONOMA AND THE SONOMA VALLEY FIRE

DISTRICT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

DOCUMENTS
WHEREAS, both the City of Sonoma (City) and the Sonoma Valley Fire District (District) have authority to provide fire protection, emergency medical, and related services within their respective jurisdictions with all powers attendant thereto; are contiguous to each other; and are susceptible to being provided with fire protection services and facilities under common management, administration, and operations and with the same equipment, resources, and personnel; and
WHEREAS, the City and the District continue to agree that separate management and administration of each jurisdictional area by each of the City and the District, using separate equipment, resources and personnel will result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the parties, can be eliminated, all to the substantial advantage and benefit of the citizens and taxpayers of the City and the District, if the management, administration and operations of the fire protection facilities, and services employing common equipment, resources and personnel were to be under a common management, administration and operations; and
WHEREAS, the City and the District are authorized to contract with each other for the joint exercise of any common power pursuant to Government Code Sections 6500, et seq. (the “Joint Exercise of Powers Act”) and Government Code Section 54980, et seq.; and
WHEREAS, the City and the District have continued to enjoy a successful and costeffective arrangement for common fire service management, administration and operations through a Joint Powers Agreement adopted in 2002, which established the Sonoma Valley Fire and Rescue Authority (SVFRA), an entity comprised of the combined Fire and Emergency Medical resources of both agencies; and WHEREAS, after study, analysis, and direction by each agency’s governing body, it is the desire of both the City and the District to continue the provision of services as have been provided under the Joint Powers Agreement of the SVFRA and the Joint and Mutual Fire Protection and Emergency Medical Agreement that was executed between the City and the District on December 11, 2011; and updated on February 1, 2017; and WHEREAS, in recognition of the longtime “SFVRA” branding, partnership history and continuity of identification, when the Valley of the Moon Fire Protection District, the Glen Ellen Fire Protection District and the Mayacamas Volunteer Fire Company consolidated through an approved Sonoma County Local Agency Formation Commission process in 2020, the new reorganized District legally became the Sonoma Valley Fire District on July 1, 2020; and
Agenda Item #4.3:

WHEREAS, the City desires to continue to contract with the District for performance of all-risk fire and emergency medical services within the territorial boundaries of the City through the vehicle of an agreement to exercise common powers as said services are set forth and governed through the terms and conditions of this Agreement; and WHEREAS, the District is willing and able to continue to perform such all-risk services in a joint and mutual manner under the terms and conditions set forth in the attached amended Agreement negotiated between the City and the District in March 2022; and WHEREAS, The City and the District agree that the intent of this Agreement is to maintain the current service levels to the citizens, property owners, and businesses within City’s municipal boundaries in a manner that continues the joint and mutual relationship historically enjoyed by the City and the District; and WHEREAS, this Agreement shall serve as the “Master Agreement” for all-risk fire and emergency medical services. Upon execution, the parties agree that this Agreement, as may be amended in the future by mutual agreement of the City and the District, shall supersede and terminate all other agreements between the Parties with respect to said services; and
WHEREAS, the Sonoma Valley Fire District Board considered and approved the attached contract, (Exhibit A), at their March 8, 2022 meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the Fire Protection and Emergency Services Agreement between the City of Sonoma and the Sonoma Valley Fire District attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the agreement.

PASSED, APPROVED, AND ADOPTED this 16th day of March, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.3:

Exhibit A

JOINT AND MUTUAL FIRE PROTECTION AND EMERGENCY MEDICAL

SERVICES AGREEMENT BETWEEN

SONOMA VALLEY FIRE DISTRICT
AND

CITY OF SONOMA
THIS AGREEMENT, effective ____________, 2022 by and between the Sonoma Valley Fire District, a California special district, hereinafter referred to as “District,” and the City of Sonoma, a general law city, hereinafter referred to as “City,” and jointly referred to as “Parties”, sets forth the promises and agreements of each being in consideration of the promises and agreements of the other for provision of all-risk emergency services inclusive of fire and emergency medical.

WITNESSETH
WHEREAS, both District and City have authority to provide fire protection, emergency medical, and related services within their respective jurisdictions with all powers attendant thereto; are contiguous to each other; and are susceptible to being provided with fire protection services and facilities under common management, administration and operations and with the same equipment, resources and personnel; and
WHEREAS, District and City continue to agree that separate management and administration of each jurisdictional area by each of the District and City, using separate equipment, resources and personnel will result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the parties, can be eliminated, all to the substantial advantage and benefit of the citizens and taxpayers of the District and City, if the management, administration and operations of the fire protection facilities, and services employing common equipment, resources and personnel were to be under a common management, administration and operations; and
WHEREAS, District and City are authorized to contract with each other for the joint exercise of any common power pursuant to Government Code Sections 6500, et seq. (the “Joint Exercise of Powers Act”) and Government Code Section 54980, et seq.; and WHEREAS, City desires to contract with District for performance of all-risk fire and emergency medical services within the territorial boundaries of City through the vehicle of an agreement to exercise common powers as said services are set forth and governed through the terms and conditions of this Agreement; and
WHEREAS, District is willing and able to perform such all-risk services in a joint and mutual manner under the terms and conditions set forth in this agreement; and WHEREAS, District and City have continued to enjoy a successful and cost-effective arrangement for common fire service management, administration and operations through a Joint Powers Agreement adopted in 2002, which established the Sonoma Valley Fire and Rescue Authority, hereinafter referred to as “SVFRA”, an entity comprised of the combined Fire and Emergency Medical resources of both agencies; and
WHEREAS, after study, analysis and direction by each agency’s governing body, it is the desire of both District and City to continue the provision of services as have been provided under the Joint Powers Agreement of the SVFRA and the Joint and Mutual Fire Protection and Emergency Agenda Item #4.3:

Exhibit A

Medical Agreement that was executed between District and City on December 11, 2011; and updated on February 1, 2017.

WHEREAS, in recognition of the longtime “SFVRA” branding, partnership history and continuity of identification, when the Valley of the Moon Fire Protection District, the Glen Ellen Fire Protection District and the Mayacamas Volunteer Fire Company consolidated through an approved LAFCO process in 2020, the new District legally became the Sonoma Valley Fire District “SVFD” on July 1, 2020; and
WHEREAS, the DISTRICT is willing and able to perform such all-risk services in a joint and mutual manner under the terms and conditions set forth in this agreement; and WHEREAS, District and City agree that the intent of this Agreement is to maintain the current service levels to the citizens, property owners, and businesses within City’s municipal boundaries in a manner that continues the joint and mutual relationship historically enjoyed by District and City; and
WHEREAS, this Agreement shall serve as the “Master Agreement” for all-risk fire and emergency medical services. Upon execution, the parties agree that this Agreement, as may be amended in the future by mutual agreement of District and City, shall supersede and terminate all other agreements between the Parties with respect to said services.

WHEREAS, District and City are committed to continuing to serve the citizens of the District and City in a manner that is consistent with the nature of their joint and mutual relationship that they have historically enjoyed through the Joint Powers Agreement since it has been in effect.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. IDENTIFICATION OF ORGANIZATION:

As described above, for continuity in identification for the community and the joint organization, District and City agree that the designation “Sonoma Valley Fire District” and its abbreviation “SVFD” shall continue to be used as identification for the agencies’ combined efforts under this Agreement to provide joint and mutual services.

2. SCOPE AND LEVEL OF SERVICES
The scope and level of services, hereinafter referred to as “Services” are hereby defined in this Section 2. For the consideration outlined in this Agreement, District shall provide an all risk based emergency response system and service that includes: Emergency Medical Response (EMS) including, but not limited to, BLS and ALS first response and ambulance transport in accordance with the rights and responsibilities the City has pursuant to Health and Safety Code section 1797.201, Structural Firefighting, Wildland Firefighting, Public Education, Hazardous Material Response, Trench Rescue, Fire Prevention Inspections well as related public safety, managerial and administrative services within the corporate limits of City, to the extent and in the manner set forth herein. These services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by District. District shall provide services in accordance with State and Federal laws consistent with the service level criteria described in this Agreement. To ensure a consistent standard of performance and equal service level, District shall treat demands for service in City limits with the same priority and equality.

District shall:

Agenda Item #4.3:

Exhibit A

2.1. Provide fire protection and emergency medical services within the staffing guidelines established by and otherwise in accordance with “EXHIBIT A,” which is incorporated made a part of this Agreement. Such service shall be provided using both City and District owned vehicles, equipment, and apparatus, as well as sufficient personnel to operate the vehicles, equipment, and apparatus. These services shall be provided with the understanding that reasonably sufficient vehicles, equipment, apparatus, and personnel shall remain within City to insure coverage for fire protection and emergency medical services within City limits. If the demands of City exceed the services which the District can provide, the District agrees to use mutual aid agreements as may be necessary to supplement the SVFD vehicles, equipment, apparatus, and personnel.

2.2. Maintain continuous (twenty-four [24] hours per day, seven [7] days per week) and uninterrupted fire and emergency medical services consistent with the service level criteria described in this EXHIBIT A.

2.3. Provide the services described in the first paragraph of this Section 2, with the following provisos:

2.3.1. Investigate fire cause and origin within the City.

2.3.2. Upon request of City, review and propose fire codes, cost recovery, and ordinances for adoption by City.

2.3.3. Develop and maintain fire prevention and education programs within the City including materials for use and dissemination of this information.

2.3.4. Maintain for City adequate records of activities as may be required by the Insurance Services Office and the California Office of the State Fire Marshal.

2.3.5. Participate in mutual aid agreements with fire protection providers that are contiguous with the City and establish and maintain automatic aid agreements in areas in which service might be improved by such agreements so long as it is in the best interests of City and District to do so.

2.3.6. Take all reasonable steps to maintain all District and City facilities, apparatus, equipment, and its entire system in a good state of repair and at all times conduct its operations under this Agreement in a safe and professional manner.

2.3.7. Participate in City’s emergency management and disaster planning through the District Fire Chief or designee and commit command staff (Captain level acceptable) to the emergency operations center when activated. Such participation shall include cooperation in emergency preparedness exercises at least annually to exercise the City’s emergency management plan.

2.4. Changes in Service Level

2.4.1. If during the term of this Agreement the taxing ability or fees-setting authority of the District and/or City is limited or restricted by a State-wide or municipal ballot measure, proposition, initiative, referendum, constitutional amendment, Legislative action, a Court decision, or any other legal restriction, and if, as a result of the tax limitation, District is unable to provide the level of service described in Section 2, or if City is unable to pay District for the established levels of service, the parties agree to renegotiate this Agreement in good faith.

Agenda Item #4.3:

Exhibit A

2.4.2. City shall have the right at any time during the term of this Agreement to request a change in the level of fire protection and emergency medical services provided for herein (“Service Request Changes”). District shall have up to 90 days to respond to service request changes made by City and such response shall include any costs (or cost savings) resulting from those Service Request Changes and any service level amendments necessary to satisfy City’s Service Request Change. Final Service Level Changes shall go into effect at a mutually agreed upon date following Party’s agreement to service level amendments in accordance with the provisions of this paragraph.

3. SVFD CONTRACT OVERSIGHT COMMITTEE:

3.1. An SVFD Contract Oversight Committee shall be created. While it is anticipated that most policy and budget decisions can be addressed at the staff level and through each Party’s annual budget process, the SVFD Contract Oversight Committee may convene in the event that the Parties are unable to come to agreement on budget, service level, or other issues that cannot be resolved at the staff level.

3.2. The SVFD Contract Oversight Committee shall include the following members:

3.2.1. Two (2) members of the Sonoma Valley Fire District Board of Directors appointed by the Sonoma Valley Fire District Board of Directors.

3.2.2. Two (2) members of the Sonoma City Council consisting of the Mayor and Mayor Pro-Tem.

3.2.3. Sonoma Valley Fire Chief

3.2.4. Sonoma City Manager

4. FINANCE

4.1. Financial Services:

4.2. At the time of execution of this Agreement, the City is no longer providing financial services to the District. While successful in the past, in 2017, the City was no longer able to provide these services due to workload and staff capacity. The District began the process of establishing its own financial services in house. The District now has a well-established Finance team and is providing all financial services.

4.2.1 In 2018, the City Manager, Finance Director and Fire Chief all agreed that the past practice of merged finances between the City and District was not a financial best practice and no longer in the best interest of either entity. The District and City began the process of separating finances, both in banking and investment accounts as well as accounting and finance systems. The final accounting and distribution of cash and investment funds will occur prior to July 1, 2022 by agreement of the City Manager, Fire Chief and Finance Managers of both agencies.

4.2.2 The District established its own bank account and investment account and separated the majority of its monies from the City. This was done with agreement between the City and District staff as well as 2 third party accountants.

4.2.3 The District has purchased a new accounting software system and will be transitioning to it by July 1, 2022. This will allow the District to be removed from Agenda Item #4.3:

Exhibit A

the City’s Springbrook financial system, with the exception of access to archived records.

4.3. Budget:

4.3.1. District and City shall jointly prepare an annual budget using timelines provided by the City and agreed to by District. Such budget shall continue to outline the proposed share of costs for each Party (57% City, 43% District) for the Consolidated Operating Budget (the former SVFRA budget) for review by their respective governing bodies.

4.3.2. District and City shall participate in any periodic reporting (such as, but not limited to mid-year budget) reasonably required for either agency.

4.3.3. As a part of the budget process, Parties may meet to discuss changes to the Agreement such as staffing levels or Standards of Coverage and the cost (or savings) impacts of those proposed changes.

4.3.4. In the event that the Parties cannot come to a mutual agreement on annual operating budget, the budget shall be forwarded to the SVFD Contract Oversight Committee defined in Section 3.

4.4. Purchasing: Where possible, City and District shall collaborate on purchasing to achieve economies of scale. District may purchase equipment, apparatus, and supplies that may be charged to the shared budget or to City directly and City may purchase equipment, apparatus, and supplies that may be charged to the shared budget or to District. Both Parties shall collaborate to assure that the specifications for specialized equipment are met to the benefit of both parties. Both Parties shall comply with any purchasing approvals for the Party that will be charged for the purchase.

4.5. Accounting / Audit

4.5.1. In the past, a separate account within the City financial system was used for payment of costs related to the SVFRA to separate SVFRA funds from other funds of District or City. With the migration to the District providing its own financial services and financial system, as well as the significant growth of the District, it has been agreed between City and District staff that it is no longer feasible to have a separate SVFRA account.

4.5.2. As a final step in the separation of funds between the City and District, the remaining funds in the SVFRA account are to be returned to City and District in portion to the amount paid by the respective Party into the SVFRA account. City and District staff are currently working on this final step.

4.5.3. Funds paid to District by City under the terms of this Agreement shall be dedicated to the operation, maintenance, equipping, and administration in support of the services provided pursuant to this Agreement.

4.5.4. Fees paid by any third party for services provided by the SVFD may be collected by District or City and shall be distributed to District, or City, as defined during the annual budget process for each type of revenue.

Agenda Item #4.3:

Exhibit A

4.5.5. Reimbursements received by the District for the use of City owned vehicles and equipment shall be tracked and forwarded to the City, less any costs incurred for repairs and maintenance related to these uses.

4.5.6. At the conclusion of each Fiscal Year, District shall complete an Annual Financial Audit and provide a copy to the City.

4.6.Fees:

4.6.1. District shall maintain a Fee Schedule for all service that may be charged to others including, but not limited to: EMS, Fire Marshall Services, Fire Inspection Services, and Fire Plan Check Services. Such fees shall be calculated based on the cost of providing services as required by Government Code. Such fee schedule shall incorporate the City Fee Schedule by reference and the City fee schedule shall incorporate the District Fee Schedule by reference. A copy of the Fire District Fee Schedule shall be made available at City Hall and provided electronically for posting on the City website.

4.6.2. At the request of City, or at the request of community organizations or private individuals, the Fire Chief or his designee may agree to provide extra fire services for special events and functions occurring within the geographic boundaries of City.

4.6.3. For Special Services requested by City that are not included in the annual budget, such costs may be charged to City as agreed to between City and District.

4.6.4. For Special services requested by parties other than City, District shall bill the requesting party directly for services performed.

4.7. District and City agree that each party may have business costs unique to the entity which will not become a part of the Agreement budget. As such, each entity shall account for those costs separately and apart from the Agreement budget and will establish funding sources from other normal revenues such as Capital Funds and Reserves.

5. REPORTING

5.1. District shall keep City informed of all new developments, issues, or concerns related to the efficient delivery of fire, EMS, or any related services of District. City shall keep the District informed of all new developments, issues, or concerns related to the efficient delivery of fire, EMS, or any related services in City.

5.2. District and City shall mutually cooperate to provide regular operational, financial, and informational reports. District shall provide supplemental reports at any time that the City Manager or City Council requests additional information regarding major incidents or other significant emergency services issues affecting City.

5.3. Audit: City or any authorized representative shall have access to any books, documents, and records of District which are pertinent to this Agreement for the purposes of making an audit or examination. All books, records and supporting detail shall be retained for a period of five (5) years after the term of this Agreement. District agrees that in the event audit exceptions are determined by appropriate audit agencies, compliance shall be the responsibility of District. District shall provide City with a copy of its annual financial audit including the management letter and findings if any within 60 days of the completion Agenda Item #4.3:

Exhibit A

of the audit and no later than March 31 of the year following the most recent year end close unless agreed to by City.

6. PERSONNEL

6.1. The responsibility for supervision of Fire and Emergency services, hiring of personnel, establishing standards of performance, assignment of personnel, determining and effecting discipline, determining training required, maintaining personnel files, and other matters relating to the performance of services and control of personnel, shall rest with District.

District is bound to abide by bargaining agreements and Memoranda of Understanding covering District employees in accordance with the Meyers-Milias-Brown Act and all other State and Federal laws and regulations.

6.2. All persons employed by District to perform services pursuant to this Agreement shall be and remain District employees and shall, at all times, be under the sole direction and control of District. No City employee shall perform services that District is obligated to provide under this Agreement, except as may be otherwise expressly provided herein or as may be agreed upon in a Letter of Understanding pursuant to Section 13 of this Agreement. All persons employed by District to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to District employees and shall not be entitled, as a result of providing services required hereunder, to any additional rights and privileges given to City employees.

6.3. Personnel assigned to provide services are required to abide by all rules, regulations, policies, and procedures (hereinafter referred to as procedures) applicable to District employees, except where such procedures may conflict with a requirement of this Agreement.

6.4. The City Manager or designee may request that District personnel abide by City procedures. Personnel will comply with such City procedures, except where such procedures may conflict with procedures applicable to District employees and/or the requirements of this Agreement.

6.5. For the purpose of performing the services under this Agreement, and for the purpose of giving official status to the performance thereof where necessary, every District supervisor and employee engaged in the performance of any service hereunder shall be deemed to be an agent of City while performing services for City, which services are within the scope of this Agreement and are purely municipal functions. Notwithstanding the agency relationship created by this provision, City shall not be liable for any act or omission of any District supervisor or employee and shall not be responsible to indemnify, defend, or hold harmless any District supervisor, employee, volunteer or agent unless otherwise specifically provided elsewhere in this Agreement.

6.6. City shall not be liable for the direct payment of any salaries, wages, employment benefits, or other compensation of any form whatsoever to any District personnel performing services hereunder for District or any liability other than that provided for in this Agreement.

6.7. The personnel allocated to this Agreement are Fire Chief (1), Battalion Chiefs (3), Fire Marshall (1), Fire Captains (9), Fire Engineers (9), Firefighters (12), Training Officer (1), Agenda Item #4.3:

Exhibit A

Prevention Captain (1), Fire Mechanic (1), Finance Officer (1) and Administrative Assistant (1).

7. TERM OF AGREEMENT

7.1. This Agreement shall go into effect at 12:00 a.m. on ___________, 2022 and, at that time, shall terminate and supersede the Joint and Mutual Fire Protection and Emergency Medical Agreement that was executed between District and City on December 11, 2011 and updated on February 1, 2017.

7.2. This Agreement shall be effective for a period of five years. This Agreement is thereafter renewable in five-year increment periods unless otherwise terminated earlier in accordance with Section 8.

7.3. The District Board of Directors and City Council may extend this Agreement for successive periods not to exceed five years each. In the event City desires to renew this Agreement for any succeeding periods, the City, not later than six months preceding the expiration date of this Agreement, shall notify the District Board of Directors in writing that it wishes to renew the Agreement. The District Board of Directors, within 30 days after receipt of such notification, shall provide the City Council with written notification of acceptance of such renewal for an additional five year period, or such other term as is mutually agreeable.

The notice requirement in this section is directory and not mandatory.

7.4. In the event the District and City have agreed to renew the Agreement, but the Parties are unable to approve the renewal prior to the expiration date, this Agreement shall remain in full force and effect until the renewal of the Agreement has been approved by the District and City Council.

8. TERMINATION
District or City may terminate this Agreement by giving written notice to the other of not less than one year. City shall pay District for its share of costs of services rendered through and until the final date of termination.

9. LEASE OF CITY FACILITIES, VEHICLES AND EQUIPMENT

9.1. Lease of City Premises: City hereby leases to District and District leases from City, on the terms and conditions hereinafter set forth in this Agreement, those certain premises as described as follows:

Land and Improvements situated in the CITY OF SONOMA, State of California, commonly known as Sonoma Fire Station No. 1, the Al Mazza Fire Station, located at 630 Second Street West, Sonoma, which is more particularly described by the Grant Deed of the Premises between Pacific Gas and Electric Company and City of Sonoma dated December 2, 1999, attached hereto as EXHIBIT E and incorporated by reference herein (“the Premises”).

9.1.1. Term of Lease
The term of the lease of the Premises shall be the same term as that set forth by Section 7 of this Agreement; provided that the term shall not extend for more than 55 years in total, except in accordance with Government Code Section 37380 and/or Civil Code Section 718, as they may be amended from time to time. Termination Agenda Item #4.3:

Exhibit A

of this Agreement in accordance with the provisions of Section 8 shall serve to terminate this Lease, which termination shall take effect on the same date as the termination of this Agreement. Upon termination, District shall return Premises to City in the same condition as the Premises were delivered, with the exception of ordinary wear and tear.

9.1.2. Landlord Tenant Relationship: District shall be the Tenant and City shall be the Landlord. District shall be given exclusive possession of the Premises at all times that this Agreement is in effect.

9.1.3. Rent: District shall pay rent to the City in the sum of $1.00 each year, payable by July 1, as consideration for the use of the Premises.

9.1.4. Use of the Premises: Premises are hereby leased to District for the purpose of allrisk fire and emergency medical services to be provided in accordance with the terms of this Agreement. Other uses customarily associated with emergency services are also permitted. District shall not use or permit the Premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which the Premises are hereby leased. Maintenance, repairs, improvements, alterations, and additions to the Premises shall be performed as set forth by Section 11 of this Agreement. During the term of the contract, District shall maintain insurance coverage as stated in Section 17.

9.1.5. Memorandum of Lease. No later than 45 days after the Effective Date of this Agreement, City shall prepare, execute and record a Memorandum of Lease in the office of the Sonoma County Recorder in the form attached hereto as EXHIBIT F.

9.1.6. Other Terms. This Lease shall be subject to all other terms and conditions of this Agreement except as they may conflict with the terms of this Section 9.

9.2. Lease of Vehicles and Equipment: City hereby leases to District and District leases from City, on the terms and conditions hereinafter set forth in this Agreement, all Fire and Emergency Medical Response vehicles including command vehicles registered to the City of Sonoma, as shown on the City’s Capital Asset Schedule as updated and maintained by City. District shall provide updates to City annually to update City’s Capital Asset Schedule.

9.2.1. The vehicles and equipment are hereby leased to District for the purpose of all-risk fire and emergency medical services to be provided to City in accordance with the terms and conditions of this Agreement. Other uses customarily associated with emergency services are also permitted. District shall not use, or permit the vehicles and equipment or any part thereof to be used, for any purpose or purposes other than the purpose or purposes for which the vehicles and equipment are hereby leased.

9.2.2. District shall pay rent to City in the sum of $1.00 each year, payable by July 1, as consideration for the use of the vehicles and equipment herein described. This lease shall have the same term as Section 7 of this Agreement and be subject to the same termination provisions as Section 8 of this Agreement.

9.2.3. Maintenance, repairs, alterations and substitutions of the vehicle and equipment leased by City to District shall be subject to the provisions of Section 10 of this Agenda Item #4.3:

Exhibit A

Agreement. This Lease shall be subject to all other terms and conditions of this Agreement except as they may conflict with the terms of this Section 9. During the term of the contract, District shall maintain insurance coverage as defined in Section 17.

10. VEHICLES & EQUIPMENT

10.1. For purposes of ownership, each Party shall remain the registered owner of its respective vehicles including fire apparatus.

10.2. During the term of this Agreement, District shall maintain in good repair all apparatus and equipment under the control of District and shall be financially responsible through the approved annual budget for non-capital maintenance and repairs of any vehicles or equipment used by District in the performance of services under this Agreement. For capital repairs as defined by City or District Capital Asset Policy in accordance with Government Accounting Standards Board (GASB) guidelines, the Party that owns that vehicle or equipment asset shall be fully responsible for all costs. As part of the annual budget process, District shall notify City of anticipated capital repair costs. In the event of an unanticipated capital repair, District shall notify the City Manager or designee and seek approval prior to initiating repairs, upgrade, or replacement of vehicles owned by City.

10.3. City and District shall provide for equipment replacements in each Party’s annual budget either via an internal service fund, fund balance policy, or via funding of full capital replacement as scheduled. In the event of a failure of City or District to replace equipment on schedule, the owner of the equipment exceeding scheduled life may be direct charged for excess maintenance or repairs related to the age of the vehicle.

10.4. Notwithstanding any of the above, District shall be responsible for any damage or destruction to any vehicle used by the District in the performance of services under this Agreement (whether owned by City or District) arising out of, connected with, or caused by the negligence or intentional acts or omissions of District employees, officers or agents.

10.5. Should City elect to divest itself of fire equipment or apparatus, District shall have the right-of-first refusal to acquire same. If City transitions ownership of equipment and apparatus to District, District and City shall establish an equitable and legal formula for establishing true value.

11. USE OF CITY FACILITIES

11.1. During the term of this agreement, CITY shall make available sole use of the Premises to District to serve as District headquarters under the designation of Sonoma Valley Fire District and for District’s use in conducting both Administrative and Fire operations functions.

11.2. District agrees to provide on-site management of the Premises, including scheduling and ensuring that regular office hours are maintained.

11.3. City retains the ability to schedule use of the Fire Training Room for City meetings and functions at no cost to City provided that scheduling of said meetings and functions does not conflict with regular District business.

11.4. The Premises, including basic workstations (containing furniture, office equipment, and supplies), shall be sufficiently equipped to allow District employees to perform the Agenda Item #4.3:

Exhibit A

services required under this Agreement in a safe, effective, and efficient manner. District shall be responsible for the maintenance and upkeep of non-capital equipment and may budget ongoing upgrades and maintenance through the annual budget process as defined in Section 4 herein.

11.5. District shall maintain the security of the work areas.

11.6. Utilities and Maintenance of Facility

11.6.1. Facility and Grounds: District shall maintain the Premises and any other City Facilities used in the performance of this Agreement in a state of good repair.

11.6.2. Utilities and Maintenance: All utility and maintenance costs (including, but not necessarily limited to, charges for electricity, gas, telephone, water, refuse disposal, janitorial, maintenance, and any related expenses provided to the facilities) of the facility and furnishings (including, but not necessarily limited to, regular cleaning service, and a program for repair or replacement of office equipment and other furnishings) shall be the responsibility of the District and may be included in the annual budget shared between the Parties as defined in Section 4 herein.

11.6.3. City shall retain financial responsibility for capital repairs as defined by City or District Capital Asset Policy in accordance with Government Accounting Standards Board (GASB) guidelines. This includes maintenance and repairs that are on a non-regular, non-recurring, or as-needed basis, such as interior and exterior painting and flooring, landscaping, and the replacement of major building equipment, in accordance with the provisions of City’s Long-term Building Maintenance Fund. As part of the annual budget process, District shall notify City of anticipated capital repair costs. In the event of an unanticipated capital repair, District shall notify the City Manager or designee and seek approval prior to initiating repairs.

11.6.4. Notwithstanding Section 11.6.3 above, District shall be responsible for any damage to the facility or furnishings arising out of, connected with, or caused by the negligence, intentional acts or omissions of District’s employees, officers or agents.

11.7. Approvals: City shall approve all costs related to the use of the Premises in advance. Such approval may take place through the Annual Budget process or through approval by the City Manager.

12. CITY POWERS AND ENFORCEMENT OF CITY ORDINANCES

12.1. District shall provide services for the enforcement of the rules, regulations, resolutions, and ordinances of City. City shall not be required by this Agreement to commence any legal proceedings or administrative actions to enforce any of its rules, regulations, resolutions, and ordinances under this Agreement. It is agreed that in performing the Services pursuant to this Agreement, District shall have all the powers of City and shall receive all cooperation reasonably practicable from City to enable efficient enforcement of such rules, regulations, resolutions, and/or ordinances of City that are enforced by District pursuant to this Agreement. In the event that District believes that a City ordinance is invalid, District shall not be obligated to enforce such ordinance until such ordinance is reviewed and Agenda Item #4.3:

Exhibit A

determined to be acceptable by District Counsel. Nothing in this Agreement shall bar or prohibit City from taking any action to enforce any of its rules, regulations, resolutions, and/or ordinances in the event that District is unable or unwilling to take enforcement action. It shall be within the sole discretion of City to choose whether to take enforcement action if District fails to do so for any reason whatsoever.

12.2. City shall be responsible for the validity of its rules, regulations, resolutions, and ordinances, including any ordinances or codes incorporated by reference in City’s ordinances or Municipal Code, and City shall defend, hold harmless, and indemnify District, its officers, agents, and employees, with respect to any lawsuit or action challenging the validity of a City ordinance.

12.3. With respect to the laws of the United States and the State of California and the ordinances and resolutions of the City of Sonoma which confer certain authorities, obligations and enforcement powers upon the City’s Fire Chief and Fire Marshal, the District’s Fire Chief and Fire Marshal shall act in the capacity of the City’s Fire Chief and Fire Marshal.

13. LETTERS OF UNDERSTANDING
If requested by the Fire Chief or City Manager, Letters of Understanding may be signed by Fire Chief and City Manager with respect to questions relating to the provision of service under this Agreement. Letters of Understanding will set forth the question raised and the agreements reached. The intent and purpose of each such Letter of Understanding shall be to administratively implement, interpret, or clarify one or more provisions of this Agreement. No such Letter of Understanding shall have the effect of amending this Agreement unless an amendment to this Agreement is approved in writing by the Sonoma City Council and the Sonoma Valley Fire District Board of Directors. In the event of any inconsistency or ambiguity between the terms of such Letter of Understanding and the terms of this Agreement, the terms of this Agreement shall prevail.

14. PLANNING, COORDINATION, SERVICE AGREEMENT, AND BOUNDARY CHANGE District and City agree to cooperate in good faith and participate in all planning as it relates to the provision of fire and emergency medical services affecting City. City shall notify District of all General and Specific plan amendments, periodic review, and amendments to land-use regulations affecting District. District shall receive the same notice and review and comment rights as granted City’s other interested parties. Upon District’s request, District staff shall be included in public facility planning in the same manner as City staff. District shall notify City of any General and Specific Plan amendments, periodic review, and amendments to land-use regulations affecting the City. City shall receive the same notice and review and comment rights as granted District’s other interested parties. Upon City’s request, City staff shall be included in public facility planning in the same manner as District staff.

15. LEGAL
District shall consult with the City Manager or his/her designee who may authorize contact with the City Attorney when District actions are within the City’s boundaries and involve City ordinances, policies, or related issues. For actions involving both District and City jurisdictions, both attorneys may collaborate as appropriate. Cost of attorney services shall be borne by the respective agency.

16. MUTUAL INDEMNIFICATION
Agenda Item #4.3:

Exhibit A

District shall defend, indemnify, protect, and hold City and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to District’s employees, agents, or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of District, and its agents, officers, or employees, in performing this Agreement and the services herein; provided, however, that District’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or intentional acts or omissions of City, its agents, officers, or employees.

City shall defend, indemnify, protect, and hold District and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City’s agents, officers, or employees which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City, and its agents, officers, or employees, in performing this Agreement; provided, however, that City’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or intentional acts or omissions of District, its agents, officers, or employees.

17. INSURANCE
District shall be responsible for maintaining a program of insurance or self-insurance, or any combination thereof that shall cover each party’s indemnification obligations. Without in any way affecting the indemnity herein provided and in addition thereto, District shall secure and maintain throughout the Agreement the following types of insurance or self-insurance with limits as shown.

17.1. Workers’ Compensation: A program of Workers’ Compensation Insurance or a stateapproved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $1,000,000 limits covering all persons providing services on behalf of District and all risks to such persons under this Agreement.

17.2. Comprehensive General and Automobile Liability Insurance or Self-Insurance: District shall be responsible for maintaining General and Automobile Liability insurance. This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles including those vehicles leased from City of Sonoma. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000.00).

17.3. Comprehensive Property, Vehicle and Equipment Insurance or Self-Insurance: District shall be responsible for maintaining General and Automobile Liability insurance. This coverage is to include contractual coverage and property liability coverage for all property and premises leased from City. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000.00).

17.4. Additional Named Insured: All policies or self-insurance, except Workers’ Compensation, shall contain additional endorsements naming the City and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of District’s performance of service hereunder.

Agenda Item #4.3:

Exhibit A

17.5. Policies Primary and non-Contributory: All policies required above are to be the primary and non-contributory with any insurance or self-insurance carried or administered by City.

18. ADDITIONAL DOCUMENTS AND AGREEMENTS
District and City agree to cooperate to execute additional documents or agreements that may be required to carry out the terms of this Agreement.

19. SUCCESSORS AND ASSIGNS
This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively.

20. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced pursuant to the laws of the State of California.

21. AGREEMENT CONTROLLING
In the event of a conflict between the provisions of the text of this Agreement and the Exhibits, the provisions of the text shall prevail.

22. NOTICES
Whenever notice is required hereunder, it shall be given to the parties as follows:

City of Sonoma: City Manager
City of Sonoma
No.1 The Plaza
Sonoma, CA 95476-9000
Sonoma Valley Fire District: Fire Chief
Sonoma Valley Fire District
630 Second Street West
Sonoma, CA 95476
When so addressed, notices shall be deemed given upon being placed in the United States Mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual personal delivery. Changes may be made in addresses to where notices are to be delivered by giving notice pursuant to this provision.

23. GENERAL PROVISIONS
Unless otherwise specifically prescribed in this Agreement, the following provisions shall govern its interpretation and construction. Time is of the essence of this Agreement. Neither District nor City shall be relieved of its obligation to comply promptly with any provisions of this Agreement by any failure of the other party to enforce prompt compliance with any of its provisions.

Unless otherwise specified in this Agreement, any action authorized or required to be taken by City shall be taken by the City Council or by the City Manager or his/her designee in conformance with City policies.

This Agreement is subject to any applicable constitutional and City taxing or debt limitations and is contingent upon City appropriating the necessary funds under the applicable annual budget. If City fails to appropriate the funds necessary for this Agreement, written notice shall be given by Agenda Item #4.3:

Exhibit A

City to District within thirty (30) calendar days and both parties shall immediately negotiate a service transition.

24. ASSIGNMENT / DELEGATION
Neither party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented.

25. NONDISCRIMINATION
District and City shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition (including an AIDS or HIV condition), handicap, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are deemed incorporated by this reference.

26. AMENDMENT
This Agreement may only be amended in writing by an amendment authorized by the City Council and the Sonoma Valley Fire District Board of Directors.

27. WARRANTY OF LEGAL AUTHORITY
Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder. If any party is found to lack the authority to perform the acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction, this Agreement shall be void.

28. ENTIRE AGREEMENT
This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be executed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated.

SONOMA VALLEY FIRE DISTRICT
Dated: _________________________ By: __________________________ Board President
ATTEST:
_______________________________
Agenda Item #4.3:

Exhibit A

Clerk of the Board

CITY OF SONOMA
Dated: _________________________ By: _________________________ City Manager
“EXHIBIT A”
Staffing
Fire stations in the original JPA and subsequent SVFRA Contracts for service recognized and funded 11 full-time fire personnel and 3 stipend firefighters per shift, as indicated in the table below (positions with no highlights).

In 2020, the Sonoma Valley Fire District adopted a service model of 3 career firefighters per engine company and maintains a fourth position on the engine for a stipend firefighter. This has resulted in the District now having a daily staffing level of 17 full-time personnel and 4 stipends which serve all areas of the District including the City. The City’s contract is still based however on the original 11 full-time and 3 stipend firefighter staffing levels.

The positions highlighted in yellow are funded 100% by the Fire District, with no contribution from the City’s contract amount.

The firefighter/paramedic position on the City’s Engine is SAFER Grant Funded. This funding is not included in the Contract for Services. It was approved and funded by separate Council action in 2020 and is set to expire in 2023.

Agenda Item #4.3:

Exhibit A

Fire
Station
Location Apparatus Batt.

Chief
Capt. Engineer FF
Medic
FF
EMT
Stipend
FF
No. 1 630 2nd St. West
Sonoma
Medic
Engine
One One One One
Medic
Ambulance One One
No. 2 877 Center St.

El Verano
Medic
Engine
One One One One One
No. 3 1 W. Aqua Caliente Rd.

The Springs
Medic
Engine
One One One One
Medic
Ambulance One One
No. 4 18798 Prospect Drive
Diamond A
Volunteer
Engine
No. 5 13445 Arnold Dr.

Glen Ellen
Medic
Engine
One One One One
Note: The District has 2 all Volunteer Stations in the Mayacamas area that are not shown.

They are 100% funded by the District and are not included in the City’s Contract.

Daily Executive Staff Access
The Fire Chief and Chief Officers will be assigned for daily executive staff access to the CITY.

This will provide contact, on a daily basis, of a senior chief officer to the City Manager and policymakers. The secretary/clerical personnel will also provide receptionist services and assist with coordination of fire inspection services in the CITY. The Fire Chief shall regularly attend CITY Department Head meetings and shall be a functional Department Head in terms of the CITY’s Executive Team as requested by the CITY Manager. The Fire Chief shall also serve as the Assistant Director of Emergency Services [per CITY resolution].

EMS Level
Each fire company will be staffed and equipped as a priority to the paramedic level/ advanced life-support level (ALS) with one Firefighter Paramedic and one Firefighter EMT per unit.

Inspection and Investigations
The DISTRICT will establish fire inspection zones for each fire station and establish fire code prescribed frequencies for required inspections. Inspections in general business occupancies such as office complexes and retail outlets will be inspected every two years. Fire investigators will be available to fire scenes for fire cause determination 24 hours per day.

Agenda Item #4.3:

Exhibit A

Fire Prevention Planning and Inspection
CITY desires to provide “one stop” planning and building services to minimize processing delays.

DISTRICT will provide staff for these services and agrees to provide work space for staff performing these duties. The DISTRICT has adopted ordinance number 2021/2022-01 dated November 9, 2021 establishing a schedule of fees to cover the costs of providing services, issuing permits and enforcing regulations within the DISTRICT. DISTRICT will recommend to the CITY, and the CITY will approve, no more than the fees established by DISTRICT to cover the costs of providing services, issuing permits, and enforcing regulations within the CITY. District shall indemnify, defend, and hold the CITY harmless from any claims, damages, fees, costs, and losses of any nature whatsoever in any action challenging fee(s) for services, permits, or enforcement activities established or imposed pursuant to this paragraph. The DISTRICT will amend this ordinance to include all functions associated with fire and life safety plan review and inspections services for the CITY and incorporate the CITY fee schedule by reference into the DISTRICT fee schedule for services to properties within the City limits of Sonoma. DISTRICT will provide planning services for CITY projects and special events. The function of the DISTRICT fire prevention shall be the implementation, administration and enforcement of the provisions of applicable codes.

Grants
DISTRICT will work proactively with CITY in seeking grant opportunities that are mutually beneficial. DISTRICT will apply on behalf of the CITY for grants, reimbursements, and other forms of funding.

Other Services
Along with Services outlined previously herein, other emergency services to be provided include:
hazardous materials, water rescue, technical rescue, wildland fire suppression, confined space rescue, urban search and rescue; and those other activities associated with the emergency services. The DISTRICT shall continue to maintain cooperative efforts with a regional approach with other providers of specialized services.

Community Liaison/Community Involvement
The CITY will have access to the DISTRICT public information officer (PIO) for incident coverage.

DISTRICT PIO will act on behalf of the CITY during emergency incidents. In addition, the City Manager will be provided copies of announcements and other information relevant to the CITY.

Fire prevention educational materials will be provided for use and dissemination within the CITY.

The Division Chief, or designee will provide community liaison/community involvement duties for the CITY, consistent with the current level of service. Community involvement will include participation and involvement in key organizations as defined by the CITY. They may include but are not limited to: City Disaster Council, School, civic organizations, and the Chamber of Commerce.

Emergency Management
The DISTRICT will make available to the CITY an officer at the captain level position or above to function as Emergency Management liaison, consistent with current level of service.

DISTRICT will coordinate Emergency Management activities with the CITY. DISTRICT position will be the liaison for local radio groups such as the amateur radio operators for civil emergency services. Additional performance measures will include an annual Emergency Operations Center (EOC) drill, CITY department head training, and operational plan update and review.

Agenda Item #4.3:

Exhibit A

EXHIBIT D
Recording requested by
City of Sonoma
When recorded mail to
Rebekah Barr, City Clerk
City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
______________________________________________________________________________

MEMORANDUM OF LEASE
Agenda Item #4.3:

Exhibit A

This Memorandum of Lease ("Memorandum") dated as of ___________________, 2022, is entered into between the City of Sonoma, hereinafter called "LESSOR", and the Sonoma Valley Fire District hereinafter called "LESSEE".

RECITALS
A. On or about March 16, 2022 ,LESSOR and LESSEE entered into the amended "Joint and Mutual Fire Protection and Emergency Medical Services Agreement Between Sonoma Valley Fire District and City of Sonoma" ("Lease"), pursuant to which LESSEE leased from LESSOR property described by the Grant Deed between Pacific Gas and Electric Company and City of Sonoma dated December 2, 1999, and recorded as Official Records Series Number 1999150030, Sonoma County Records, which is attached hereto as Exhibit A and incorporated by reference ("Premises").

B. LESSOR and LESSEE desire to execute this updated Memorandum to provide constructive notice to all third parties of the LESSEE's rights under the Lease. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

Section 1. Term
LESSOR leases to LESSEE the Premises for a term of five (5) years commencing on __________, 2022 and ending on _____________ , 2027. The parties may extend the Lease for additional five-year increments at the end of the term, as more particularly described by the Lease.

Section 2. Lease Terms
This lease of the Premises to LESSEE is on all of the terms and conditions of Section 9(A) of the Lease, which is incorporated in this Memorandum by reference.

Section 3. Assignment
LESSEE's rights and obligations under Section 9(A) of the Lease shall not be assigned without LESSOR's prior written consent, and any assignment without this consent shall be void.

Section 4. Successors and Assigns
This Memorandum and the Lease shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject, however, to the provisions of the Lease on assignment.

Section 5. Governing Law
This Memorandum and the Lease are governed by California law.

Executed as of the date first written above.

LESSOR/CITY OF SONOMA
Agenda Item #4.3:

Exhibit A

By: ____________________
Name: Susan Casey
Title: Acting City Manager

LESSEE/ SONOMA VALLEY FIRE DISTRICT
By: _______________________
Name: William Norton
Title: President of the Board of Directors
Attached and incorporated exhibits:

EXHIBIT A-Grant Deed between Pacific Gas and Electric Company and City of Sonoma dated December 2, 1999, and recorded as Official Records Series Number 1999150030, Sonoma County Records
Agenda Item #4.3:

Exhibit A

Agenda Item #4.3:

Exhibit A

Agenda Item #4.3:

Exhibit A

Agenda Item #4.3:

Exhibit A

Agenda Item #4.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution of the City Council of the City of Sonoma Approving a Financial Services Agreement with Rash Curtis & Associates for Debt Collection Services and Authorizing the City Manager to Execute the Agreement
Summary
The City of Sonoma, from time to time, is owed debts by third parties for a variety of reasons, including failure to pay for planning or other services. These debts are often too small to merit the cost of collection efforts by City staff. Staff has reviewed a variety of options for collecting outstanding debts and recommends the City contract with Rash Curtis and Associates, (Rash Curtis) for collection assistance on outstanding accounts.

Rash Curtis is a collection agency that complies with all state and federal debt collection laws and is located in the Bay Area. The agency has substantial experience working for local governments, including cities and special districts in California. Rash Curtis will only collect on delinquent accounts that City staff refers to the agency.

Rash Curtis charges no fees on accounts for which they fail to collect on. If they are able to collect, they charge 20 percent of the amount collected. If legal action is required and is authorized, Rash Curtis’ fee is 30 percent of the collection, again with no fee for failed accounts.

Staff recommends approval of the Rash Curtis & Associates Financial Services Agreement to provide assistance with the City’s debt collection services.

Recommended Council Action
RECOMMENDATION: Adopt the Resolution
Alternative Actions
Council Discretion
Financial Impact
Rash Curtis will only collect on delinquent accounts that City staff refers to the agency. Rash Curtis charges no fees on accounts for which they fail to collect on. If they are able to collect, they charge 20 percent of the amount collected. If legal action is required and is authorized, Rash Curtis’ fee is 30 percent of the collection, again with no fee for failed accounts.

Environmental Review Status
Agenda Item #4.4:

Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Rash Curtis & Associates Financial Services Agreement Exhbit A City of Sonoma Rash Curtis Financial Services Agreement Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.4:

277139.1
CITY OF SONOMA RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

APPROVING A FINANCIAL SERVICES AGREEMENT WITH RASH CURTIS &

ASSOCIATES FOR DEBT COLLECTION SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Sonoma, from time to time, is owed debts by third parties for a variety of reasons, including failure to pay for planning or other services; and WHEREAS, these debts are often too small to merit the cost of collection efforts by City staff; and
WHEREAS, Staff has reviewed a variety of options for collecting outstanding debts and recommends the City contract with Rash Curtis and Associates, (Rash Curtis) for collection assistance on outstanding accounts; and
WHEREAS, Rash Curtis is a collection agency located in the Bay Area that complies with all state and federal debt collection laws, and has substantial experience working for local governments, including cities and special districts in California; and WHEREAS, Rash Curtis will only collect on delinquent accounts that City staff refers to the agency; and
WHEREAS, Rash Curtis charges no fees on accounts for which they fail to collect on but if they are able to collect, they charge 20 percent of the amount collected.

If legal action is required and is authorized, Rash Curtis’ fee is 30 percent of the collection, again with no fee for failed accounts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma herby approves the Rash Curtis & Associates Financial Services Agreement, attached hereto as Exhibit A, and authorizes the City Manager to Execute the Agreement.

PASSED and ADOPTED by the City Council of the City of Sonoma, this 16th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.4:

FINANCIAL SERVICES AGREEMENT
This Financial Services “Agreement” is made effective on the date last executed by a Party hereto "Effective Date" and is by and between City of Sonoma “Client” and K.B.R. Inc. dba Rash Curtis & Associates (RCA) hereafter known as the “Agency”, and their successors in interest.

A. DUTIES OF AGENCY

1. SERVICES: Client retains Agency to provide Collections and Third-Party Recovery services on referred accounts. Once an account is referred, every effort will be made to identify any and all of the potential sources of payment available to the guarantor in order to maximize reimbursement.

2. DEFINITION OF "ACCOUNTS”: The term “account” for the purposes of this Agreement is defined as any account assigned to Agency.

3. PERSONNEL: Agency represents that it has or will secure at its own expense all necessary personnel required to perform the services under this Agreement.

4. COMPLIANCE WITH STATE AND FEDERAL LAWS: Agency will comply with all State and Federal collection laws to include but is not limited to; Fair Debt Collection Practice Act (FDCPA), CA Rosenthal Act, Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Telephone Consumer Protection Act (TCPA) and the Wire Tapping Law.

5. CONFIDENTIALITY: Agency will comply with all State and Federal confidentiality rules. This Agreement is confidential and may not be disclosed to anyone not in the employ of Client (subject to the needs of any retained law firm).

6. MANNER OF PERFORMANCE: Agency agrees to exercise its best efforts and use all legal and ethical means to identify and collect from guarantor or co-signer.

7. SETTLEMENTS AUTHORIZATION / DISCOUNTS: Settlement authorization allows Agency a very important tool in immediately resolving accounts during contact with guarantor. The Agency agrees that it will not settle or discount any account for any amount less than the amount assigned or current principal balance without prior authorization from the Client. However, Client may agree to give Agency blanket authorization on all accounts to settle or discount the assigned balance or current principal balance.

Client agrees to authorize the following discount(s) on all accounts: (Please check applicable box and Initial)
20% 30% 40% 50% Other: % Initials:

Please note: The statute of limitations for litigation is (2) two years for a verbal contract and four (4) years for a written and signed contract from the date of last service.

8. REPORTS: Agency shall prepare and submit to Client the following reports; Inventory Report, Status Report, Close Report, Actuary Report, Client Production Analysis Report and other management reports as may be requested by Client. All reports will be provided electronically through secured email, FTP, PGP or through our secured Web Portal; @Client Services.

Exhbit A
Agenda Item #4.4:

9. ACKNOWLEDGEMENT REPORT: The Agency will provide the Client with an Acknowledgment Report of all new accounts assigned. This acknowledgment will include an alphabetical listing by; Account Name, Agency’s Account Number and if applicable, the Client’s Reference/Account Number for each account. Included will be a summary of the total number of accounts and dollar amount assigned.

B. DUTIES OF CLIENT

1. ASSIGNMENT OF ACCOUNTS: Client represents and warrants that all information and documents(s) provided to Agency are accurate and complete.

2. PAYMENTS: All payments received directly to Client on accounts assigned to the Agency are to be reported to Agency within seven (7) days of receipt. All payments made directly to Client including payments from any “Third Party Payer” must be reported and will not constitute grounds for account cancellation.

3. COOPERATION WITH LITIGATION: Client agrees to cooperate in any manner and in all respects with Agency in the prosecution of any debt collection litigation instituted by Agency for accounts assigned to Agency by Client. Additionally, Client further agrees to provide any and all documents, including originals that may be required by Agency or a court of law. This cooperation also includes Client attending all court proceedings and depositions as required by the Agency or court.

4. THIRD PARTY CROSS-COMPLAINT: When a cross-complaint is filed against Client by a defendant in a debt collection lawsuit being prosecuted on Client’s behalf by Agency, then it shall be Client’s duty and obligation to defend and represent itself concerning said cross-complaint. This duty shall include hiring its own attorney, at its own expense, to defend Client against said cross-complaint.

5. ITEMIZED STATEMENTS: Itemized Statements requested by guarantor must be provided to the guarantor within thirty (30) days per the FDCPA. The Client agrees to provide all requested Itemized Statements to Agency within ten (10) days of the request.

6. RECONCILIATION: Client agrees to perform a quarterly reconciliation upon Agency’s request to ensure Agency and Client reconcile.

C. PROCESSING OF FUNDS

1. RECEIPT OF FUNDS BY AGENCY: All payments received by Agency on behalf of Client’s accounts shall be endorsed and deposited in a Trust Account. On all matters, Agency is authorized to endorse Client’s name on any checks or drafts for deposit, shall net all of its fees, and advanced costs from funds collected where possible.

D. FEES

1. FEES: Client agrees to pay a contingency fee to Agency for all payments collected after the “Date of Assignment” whether paid by the Guarantor or any Third-Party Payer to the Agency or Client:
a. 20% Regular Collection Accounts
b. 30% Legal Collection Accounts
c. N/A% Second Placement Collection Accounts
Exhbit A
Agenda Item #4.4:

E. GENERAL PROVISIONS

1. REMITTANCE: For all payments received whether paid to the Agency or Client, Agency will send a monthly remittance statement/invoice to Client and remit a net payment after deducting our fee for payments made to Agency and/or directly to Client. The remittance statement will list all payments received alphabetically. The statement will show, when applicable, the amount of the Agency’s check payable to the Client and the gross collections for the month. Payments remitted by agency that subsequently are returned by Agency’s bank as a returned check or a credit card charge back will be deducted on the next invoice to Client if applicable.

2. PAYMENT OF FEES AND EXPENSES: Upon receipt of Agency Remittance Statement/Invoice, Client agrees to remit payment on all amounts due within thirty (30) days. If the Client is indebted to the Agency from a prior month and is 60 days past due, the Client agrees to allow the Agency to subtract (offset) said indebtedness from the amount of the remittance and will be subject to a late fee of one percent (1%) per month plus all "out-of-pocket" legal or statutory costs incurred and advanced by Agency to effectuate collection of all outstanding balances.

3. FEE RESOLUTION: Agency compensation shall be paid pursuant to the terms of this Agreement. As a condition precedent to each payment, Agency shall submit a remittance statement/invoice with supporting information. All remittance statements/invoices must be reconciled between Agency and Client within thirty (30) days from the date of receipt.

Client shall notify Agency in writing within sixty (60) days of the invoice date if it disputes any invoice.

Invoices that are not disputed by Client in writing within 60 days are deemed valid. It is further agreed that Agency shall have an automatic right of lien for its fees on all recalled accounts and that this Agreement is not set by law but is a contract between the parties.

4. BINDING ARBITRATION: It is the intent of both parties to resolve all disputes amicably. Both parties agree to inform the other party of any issues, disagreements or concern, actual or perceived via written, electronic, or by telephone. Both parties also agree to resolve these issues via face-to-face meetings. Any dispute or claim, of whatever nature, arising out of, in connection with, or in relation to this Agreement or breach thereof, including any claim based on contract, tort, or statute that cannot be resolved directly by the parties, must be resolved by arbitration. Agency and Client agree to be bound by the arbitration provision and acknowledge that they are each giving up their right to a trial or jury. The arbitration findings will be final and binding except to the extent that California or Federal law provides for the judicial review of arbitration proceedings. Arbitrators shall be selected from a panel provided by Judicial Arbitration and Mediation Services (JAMS.)

5. TERM: The duration of this Agreement is for a three (3) year period commencing on the Effective Date and shall renew automatically for a successive one (1) year term unless terminated in writing by either Party at least sixty (60) days before the expiration of the initial three (3) year term or any subsequent one (1) year renewal term. Notwithstanding the above, either party may terminate this contract at any time without cause by giving the other party a ninety (90) day written notice.

6. TERMINATION: Either party may terminate this Agreement by giving the other party ninety (90) days written notice of termination, delivered in accordance with the Notice requirements of this Agreement.

When termination occurs, Agency shall continue all collection activities on any account on which benefit coverage application, collection activity, legal action, a judgment rendered and/or lien process has commenced or where payment terms have been agreed to between Agency and a potential payer source, including but not limited to accounts that are in the process of being collected with recent payments, promise of payment, and/or post-dated checks on file, Agency shall be entitled to its full fee upon collection and will remain with Agency until paid in full. Client must provide Agency with a final Inventory and Payment/Adjustment Report to ensure Client and Agency reconcile.

Exhbit A
Agenda Item #4.4:

Additionally, Client is responsible for additional costs incurred by Agency for services provided within the past six (6) months to include but not limited to; letters, custom programs, etc. It is agreed by Client that this liquidated damage amount is reasonable and is intended only to cover the costs incurred.

7. ACCOUNT RECALL (CANCELLATION): Agency shall return accounts to Client, without assessment of any fees, charges, or penalty upon request from Client.

Exception: Any payment or expected payment from the guarantor or any third party source after the date of assignment and Legal accounts where a lawsuit has been initiated and/or where judgment has been rendered, and accounts that are in the process of being collected with recent payments, promise of payment, and/or post-dated checks on file to Agency does not constitute a valid cancellation and Agency will not be obligated to cancel the account as assigned in error and will be entitled to the contingency fee on all payments received by Client or Agency and the account(s) will remain with Agency until paid in full.

8. PLACING ACCOUNT ON HOLD: Agency shall place account on hold upon request from Client pending resolution, including but not limited to; disputes, pending payment from a third party, or further account review.

9. LEGAL SERVICES: The Agency will not institute a lawsuit on any account without the prior written authorization of the Client. Client agrees to complete and return to Agency the Lawsuit Authorization Forms and all supporting documentation within 10 days of receipt of said request.

Agency is required by law to be represented by an attorney in all litigation matters. Agency will advance all court costs and attorney fees on accounts where litigation is determined to be necessary by the Agency for Third Party Recovery services.

Client shall have no obligation to reimburse Agency for court costs and attorney fees Agency advances in litigation. Agency will be paid as provided in section D.1.b from the amount of any recovery, and further as provided below for any award of costs and attorney fees.

It is also agreed that the Agency will be allowed to withhold first Monies received to offset court cost advanced by the Agency. Awarded attorney’s fees shall be split equally between Client and Agency until Agency’s attorney cost have been fully recovered; additional fees above that amount shall be remitted to Client.

10. INDEPENDENT CONTRACTOR RELATIONSHIP: It is mutually understood and agreed that Agency is at all times acting as an independent contractor and nothing in this Agreement is intended nor shall be construed to create any joint venture relationship construed or to establish Agency as an employee, agent or partner of Client.

11. SUBCONTRACTORS: Agency, at its sole discretion, may subcontract one or more of its non-core responsibilities or services under this Agreement to a third party (e.g., Auto Dialer, printing-mailing).

In any such subcontract, Agency will require subcontractor to comply with all relevant terms and conditions of this Financial Services Agreement, and any terms and conditions imposed on Agency by the Client. All such subcontracts shall be in writing, and Agency will provide Client with a copy of any such subcontract at Client’s request. Agency will not subcontract with any entity where subcontracted services will be performed “off-shore” or in any country other than the United States. For the purposes of complying with this paragraph only, Client agrees that subcontractor may receive and retain, for the term of the subcontract, a copy of this Financial Services Agreement and any amendments thereto.

Agency will require that subcontractor maintain confidentiality of the Financial Services Agreement, any amendments thereto, and any Client-specific information provided to subcontractor.

Exhbit A
Agenda Item #4.4:

12. INSURANCE: Agency shall obtain and maintain throughout the term of this Agreement, comprehensive general liability, and professional liability insurance in the minimum amounts of $1,000,000 per occurrence and $3,000,000 in the annual aggregate. Upon request, Agency shall provide Client with certificates of insurance evidencing all required coverage at Client’s request.

13. INDEMNIFY AND HOLD HARMLESS: Each party shall defend, indemnify and hold the other party, its officers, employees, directors, harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expenses, attorneys' fees, or claims for injury or damages are caused by or result from the negligent, wrongful, or intentional acts or omissions of the indemnifying party. The provisions of this paragraph shall survive the termination or expiration of the Agreement.

14. PERFORMANCE: Client acknowledges that Agency has every incentive to perform these services in a timely and proficient manner and also understands and agrees that the timing and amounts of collections generated as a result of these services are subject to numerous variables beyond the control of Agency.

Agency represents and warrants to Client, that for such time as this Agreement is in effect that it is not bound by any agreement or arrangement which would preclude Agency from entering into, or from fully performing the services required under this Agreement.

Neither party shall be permitted to use the other’s name, logo, or corporate identity for any purpose without the prior written consent of the party whose name, logo, or corporate identity is used.

15. NON-INDUCEMENT: Client acknowledges that during the course of this Agreement, Client may meet the employees of Agency, and may develop working relationships with such employees. Client acknowledges that Agency is materially and substantially reliant upon such employees and the relationships of those employees with Agency and its business activities. Therefore, during the term of this Agreement, and for a period of two (2) years thereafter, neither Client nor Agency may, without the prior written consent of the other, directly or indirectly, on its own behalf or on behalf of others, solicit, divert or hire away any person employed by the other. It is agreed by the parties to this Agreement that this is reasonable and is intended only to avoid the costs incurred in recruiting, training, monitoring and supervising the affected employees.

16. SEVERABILITY: If any provision of this Agreement or portion thereof is declared invalid, the remaining provisions will remain in full force and effect.

17. MODIFICATION: This Agreement shall not be modified or amended without the prior written consent of both parties. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements between the parties with respect thereto.

18. NOTICES: All notices in connection with this Agreement shall be in writing, addressed to the party indicated on the final page of this Agreement to whom notice is to be given and shall be mailed by registered or certified mail.

19. JURISDICTION: This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of California. Venue for any arbitration proceeding shall occur in Solano County, California.

Exhbit A
Agenda Item #4.4:

20. ASSIGNMENT: This Agreement is binding upon, inures to the benefit of, and is enforceable by the party's hereto and their “respective” legal representative(s), permitted assignee(s) and successors in interest.

21. AUTHORITY TO SIGN AGREEMENT: The undersigned acknowledge that they are duly authorized to enter into this Agreement and that this Agreement is being completed and signed by duly authorized agents authorized to act for the respective parties.

CLIENT AGENCY
Name City of Sonoma Name Rash Curtis & Associates
Address No. 1 The Plaza Address 190 S. Orchard Ave., Ste. A-200 City Sonoma City Vacaville
State CA Zip 95476 State CA Zip 95688

CLIENT CONTACT AGENCY CONTACT
Name Jeffrey A. Walter Name Robert Keith
Title City Attorney Title Executive Vice President
Phone 707-986-8091 Phone (707) 454-2042
Fax 707-509-7295 Fax (707) 454-2018
E-mail [email protected]
[email protected] Email [email protected]
Date Date
Signature Signature
Name/Title Name/Title
Exhbit A
Agenda Item #4.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution Authorizing The City Manager To Extend the Memorandum Of Understanding With Sonoma Overnight Support (SOS) for the Operation of a Safe Parking Program from April 1, 2022, to June 30, 2022
Summary
Background
In November 2019, the City approved an MOU with SOS to operate a Safe Parking Program (Program) in the City of Sonoma Police Department parking lot at 175 First Street West. The Program currently includes up to 10 total parking spaces that are available on a permit basis between the hours of 10:00 PM and 9:00 AM. To be eligible for the Program, SOS requires participants to adhere to a specific set of Rules and Guidelines. Any participant who violates the Rules and Guidelines can be permanently exited from the Program and may also risk losing access to the day services offered at the Haven. SOS hired a security service in late 2021, to be onsite during the evening hours. In addition, some monitoring is done by the Sonoma Police Department.

The City of Sonoma annually provides $30,000 to SOS for their shelter management operations. For FY 21/22, the City budgeted an additional $30,000 to fund the Safe Parking Program. $75,000 for building maintenance improvements at the Haven was also budgeted, however, it was removed from the final adopted budget based on the possibility of a new site and facility for SOS services.

At the December 1, 2021, City Council meeting, the City Council approved an extension of the November 2019 MOU through March 31, 2022. During the meeting, City Council had a lengthy discussion regarding the compatibility of the Safe Parking Program with the uses of the Field of Dreams. As part of its approval, the Council requested that a status update on the City’s and SOS’s efforts to find alternative locations for the Safe Parking Program be provided as soon as possible. Council also requested an update on the progress of HAS’s (Homeless Action Sonoma) temporary shelter efforts.

At the February 2nd, 2022, City Council meeting, City staff and SOS provided reports on their efforts to find an alternate location for the Safe Parking Program. At the meeting, both City staff and SOS asserted they had reached out to all community partners, including churches, regarding an interim location for the Safe Parking Program. Staff also reached out to the County of Sonoma regarding the use of the Veteran’s Building parking lot and were told that the program would conflict with the Veteran Building uses and regulations. In general, community partners, including churches, have indicated that the Safe Parking Program is generally incompatible with their daily operations, would affect the parking needs of their operations, and/or they don’t have the facilities to meet the program’s needs.

Staff did explore two concepts for operating a Safe Parking Program at the City’s Corporation Yard on 8th Street. One idea was to move the existing Haven Building to the Corporation Agenda Item #6.1:

Yard and the other was to provide just the needed services, (restroom, laundry, and shower facilities) for the Safe Parking Program. Both models had significant capital costs and were eventually rejected by City Council.

Due to the expiration of the Safe Parking MOU on March 31, 2022, it was anticipated that staff would provide a plan for the Safe Parking program at the March 2, 2022, Council meeting. However, on February 16, 2022, Sue Casey was appointed Acting City Manager and due to time constraints, she was unable to prepare a staff report with updates for the MOU extension in time for the March 2, meeting.

Analysis
Homelessness is a regional as well as a City issue. Since February 16, 2022, staff has reached out to many of the homeless advocates and providers in Sonoma County, including Dave Kiff, Interim Director of the Sonoma County Community Development Commission (CDC). The CDC serves as Sonoma County’s lead agency coordinating services, planning efforts and funding for homeless services.

On February 18, 2022, Mayor Ding, Councilmember Agrimonti, and Acting City Manager Casey attended a meeting organized by Supervisor Gorin, Dave Kiff and County staff to discuss Sonoma Valley Homelessness issues. At the meeting attendees were informed that the Sonoma County CDC might have matching funds available for a study focused specifically on coordination of existing services in Sonoma and the Valley and identification of gaps in the Continuum of Care Sonoma County Homeless Management Information System (HMIS).

On March 4, Acting City Manager Casey met with Kathy King, Executive Director of SOS, and Police Chief Rodriguez. It was an informative meeting where Kathy provided information about all of the services she provides (as depicted on her chart below).The chart indicates 799 individuals used SOS services and provides data on meals served as well as delivered, showers, jackets and socks provided, vaccination clinics, and Covid tests. Kathy clarified that this was for the calendar year 2021. The chart specifies that 50% of SOS services went towards providing meals, 26% for vaccination clinics, with smaller percentages for showers, laundry, food delivery, case management, wintertime shelter, and hotel vouchers. As the chart illustrates, only 2% of SOS’s services were devoted to the safe parking program. She also indicated that the number of meals served in 2021 by SOS has tripled since 2019 and that 91% of the meals go to Sonoma Valley Residents.

Agenda Item #6.1:

Also on March 4, SOS met with key members of the Field of Dreams. As I was not in attendance at the meeting, I will let representatives of SOS and the Field of Dreams comment on the meeting, during Public Comment.

On March 7, Acting City Manager Casey met with Annie Falandes of Homeless Action Sonoma (HAS). This was another informative meeting where Ms. Falandes described her innovative and pioneering work with the homeless community as well as her plans for a Low Barrier Navigation Center (LBNC) on Highway 12. This project has been funded by donations and the County of Sonoma and is slated to open soon. It consists of 22 metal-framed, singleroom shelter units to house persons experiencing homelessness, one security unit, a restroom and shower trailer connected to sewer and water, a dining tent, and a garbage/recycling area on a 0.62-acre parcel. Pedestrian circulation between the shelter units and the onsite dining and restroom facilities will be by a boardwalk. A fenced dog area and small garden area will be located at the rear (west) of the parcel. There will be three employees including one caseworker, one onsite manager, and one security staff. A client center will be located in existing office space on an adjacent parcel, and will provide services, clothing, toiletries, prepackaged food, and laundry to residents. The LBNC is planned as a temporary use for the site in advance of the construction of a permanent facility, which would provide permanent supportive housing and services. HAS stated there would be no room for the Safe Parking Program as the temporary shelters and services will use half the property and the other half will be occupied for first the construction of, and then for the permanent facility on the site
Conclusion
City staff are not experts on homelessness. As there is limited time available to devote to this critical issue, staff is recommending that the City hire a consultant who has the expertise to evaluate all the services currently offered in Sonoma, as well as the Valley, and assess how the County’s Continuum of Care is working for the homeless community. This will help the City to make an informed decision on the Safe Parking Program going forward as well as identify recommendations for addressing the broader issue of homeless service needs.

On February 24, 2022, Acting City Manager Casey contacted Andrew Hening, a consultant referred by Dave Kiff, who has extensive experience working with public agencies to solve complex social challenges, including measurably reducing homelessness, spurring civic innovation, and redesigning systems of care for vulnerable community members. Based on conversations with Mr. Hening, staff solicited a 90-day proposal and with Council approval, will hire Mr. Hening to evaluate all the homelessness programs that are currently offered in the City and Valley, collaboratively work with current community providers and stakeholders, and then provide recommendations for Staff and City Council to make informed decisions. In Andrews words, “in order to make decisions about the parts, it is critical to look at the whole”.

The contract with Andrew Hening Consulting LLC, to assess the current homelessness programs, policies, and systems in the Sonoma Valley and to formulate recommendations would begin on April 1, 2022 and be completed by June 30, 2022. The contract is based on an hourly rate of $175/hr. with a not to exceed amount of $24,325. (The proposal is attached as Exhibit A.) There are sufficient funds in the City Manager’s budget to cover the cost of the contract. At tonight’s meeting, Mr. Hening will provide a presentation on the services he proposes to provide for the City, his ideas for strategic planning, facilitation, community-wide assessment, and partnership building activities.

Staff is recommending the SOS Safe Parking MOU be extended until June 30, 2022, to allow staff sufficient time to devise an informed strategic plan with the assistance of Andrew Hening, determine the viability of a jointly funded Sonoma Valley Homeless study (as was Agenda Item #6.1:

discussed at the February 18, 2022, meeting between the City and the County outlined above), and to provide time for further evaluation of alternative SOS program sites in Sonoma Valley.

Recommended Council Action
RECOMMENDATION: Adopt the Resolution
Alternative Actions
Council Discretion
Financial Impact
The contract with Andrew Hening Consulting LLC, to assess the current homelessness programs, policies, and systems in the Sonoma Valley and to formulate recommendations would begin on April 1, 2022 and be completed by June 30,2022. The contract is based on an hourly rate of $175/hr. with a not to exceed amount of $24,325. There are sufficient funds in the FY 21/22 City Manager’s budget for the contract.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Safe Parking Program MOU Extension
Exhibit A SOS Safe Parking MOU
Exhibit B Andrew Hening Consulting LLC Proposal
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #6.1:

CITY OF SONOMA RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

AUTHORIZING THE CITY MANAGER TO EXTEND THE MEMORANDUM OF

UNDERSTANDING WITH SONOMA OVERNIGHT SUPPORT (SOS) FOR THE

IMPLEMENTATION AND OPERATION OF A SAFE PARKING PROGRAM IN THE POLICE DEPARTMENT PARKING LOT AT 175 FIRST STREET WEST
WHEREAS, In November 2019, the City approved an MOU with SOS to operate a Safe Parking Program (Program) in the City of Sonoma Police Department’s parking lot at 175 First Street West.; and
WHEREAS, the Program currently includes up to 10 total parking spaces that are available on a permit basis between the hours of 10:00 PM and 9:00 AM.; and WHEREAS, at the December 1, 2021, City Council meeting, the City Council approved an extension of the November 2019 MOU through March 31, 2022; and WHEREAS, City staff and SOS’s have made numerous attempts to find an alternate location for the Safe Parking Program; and
WHEREAS, in general, community partners, including churches, have indicated that the Safe Parking Program is generally incompatible with their daily operations, would affect the parking needs of their operations, and/or they don’t have the facilities to meet the program’s needs; and
WHEREAS, homelessness is a regional as well as a City issue; and WHEREAS, City staff are not experts on homelessness, and as there is limited time available to devote to this critical concern, utilizing a consultant, who has the expertise to evaluate all the services currently offered in Sonoma, as well as the Valley, and assess how the Continuum of Care is working for the homeless community, will help the City to make critical informed decisions; and
WHEREAS, the City of Sonoma has hired Andrew Hening, Consulting, LLC, to evaluate all the homelessness programs that are currently offered in the City and Valley, collaboratively work with current community providers and stakeholders, and then provide recommendations so that Staff and City Council can make critical informed decisions regarding homelessness programs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the SOS Safe Parking MOU, attached hereto as Exhibit A, be extended until June 30, 2022, to allow staff sufficient time to devise an informed strategic plan with the assistance of Andrew Hening, determine the viability of a jointly funded Sonoma Valley Homeless study meeting between the City and the County, and to provide time for further evaluation of alternative SOS program sites in Sonoma Valley.

PASSED and ADOPTED by the City Council of the City of Sonoma, this 16th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

Agenda Item #6.1:

ABSTAIN:
_____________________________
Jack Ding, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

Memorandum of Understanding (MOU) for
Safe Parking Program
This Memorandum of Understanding ("MOlY') is made as of [Date] by and between the City of Sonoma ("City") and Sonoma Overnight Support, Inc ("SOS").

Whereas, a lack of affordable housing in the City and in Sonoma Valley results in a number of individuals and families living in their vehicles; and
Whereas, SOS and City are concerned with the safety, health and welfare of the community and wish to safeguard private property and provide a safe and sanitary place for people to park their vehicles on a short-term basis while they transition to more permanent housing; and Whereas, in 2016 the City and SOS implemented a Pilot Safe Parking Program under aIJ. earlier MOU in effect from December 2016 to March 2017, which was terminated for lack of participation at the time; and
Whereas, recently, in response to a larger number of individuals sleeping in vehicles in the Police Department Parking Lot and some neighborhood concerns, SOS developed and presented the City with a new proposal for SOS to operate a Safe Parking Program in such Police Department Parking Lot (the "Premises") that would have a modified set of Rules and Guidelines, with close security monitoring, and be closely tied to eligibility for services at The Haven (SOS emergency shelter located at 151 First Street West, Sonoma); and
Whereas, City is willing to provide ten (10) parking spaces overnight on its parking lot next to The Haven, pursuant to an updated "Safe Parking Program" (the "Program") under the management of SOS. SOS will support and oversee the overnight parking spaces, at no cost to City, through a commitment of expertise, policies/procedures, staffing, and other resources.

Now, therefore, in consideration of the covenants and conditions contained herein, the City and SOS agree as follows:

1. Term: The term of this MOU shall commence on December 1, 2019 and continue through June 30, 2022. Notwithstanding the above, either party may terminate this MOU for any reason upon 10 days advance written notice to the other party, such notice to include the reason for termination. Neither City nor SOS shall be liable to the other for damages or any other relief, legal or equitable, merely as a result of termination of this MOU pursuant to this Section

1. 2. Breach of Agreement: Notwithstanding the term set forth in Section 1, if the City finds that the terms of the MOU have been substantially breached it may immediately terminate the MOU upon written notice to SOS documenting the breach of the agreement; provided that at SOS' 11 Page
Exhibit A
Agenda Item #6.1:

request, City shall meet with SOS to determine if SOS shall instead be allowed to cure the breach.

3. Use of Parking Lot: Subject to the terms set forth below, SOS may use up to ten (10) designated parking spaces (the "Designated Spaces") between the hours of 10:00 p.m. and 9:00 a.m., 7 days per week ("Safe Parking hours") for overnight parking by "Participants" in this Safe Parking Program. Each day Participants may be allowed to stay at the Haven to receive day services between the hours of 9:00 a.m. and 1:00 p.m., but then must exit the parking lot until 10:00 p.m. SOS will provide adequate sanitation facilities for Participants as described in the Rules and Guidelines referred to in Section 5 below. Some evenings there may be events at the Field of Dreams near the Premises, and Participants will need to arrive at a later time. In that case, City shall notify SOS, who in turn shall notify the Participants to arrive at a later time.

Participants must vacate the Premises during Safe Parking hours if advised by SOS or City Police that the Premises are required to be used for community emergency services.

Participants shall stay at the Designated Spaces only. The SOS placard referred to in Section 6 shall be displayed at all times during Safe Parking hours on a Participant's vehicle in a clearly visible manner. SOS shall not authorize more than ten (10) vehicles to park at the Premises.

SOS staff and representatives may enter the Premises as necessary for monitoring and enforcement activities. SOS will mark or sign the Designated Spaces, in a manner approved by the City, to prevent vehicles other than those belonging to Participants from making use of them during Safe Parking hours.

4. Program Preference. Participants shall be screened by SOS with a preference for women, children, and seniors; and a geographical preference for City of Sonoma and Sonoma Valley residents.

5. Written Agreement with Users and Compliance with Rules Required: SOS shall only issue permits to Participants with whom SOS has a written agreement to use the applicable Designated Space for overnight parking. Each potential Participant shall be evaluated in advance by the SOS Case Manager. The written agreement between SOS and each Participant shall, at a minimum, contain the Rules and Guidelines included as Appendix A to this MOU.

6. Authorized, Permitted Vehicles Only: SOS shall use reasonable efforts, including overnight monitoring by a Security Company as provided in Section 8.a, to ensure that only one vehicle owned by a Participant is parked in the Participant's Designated Space during Safe Parking hours. SOS shall also supply each Participant who is authorized to use the Designated Space with a placard to be displayed in the Participant's vehicle window indicating that the Participant has a permit and is authorized to park overnight in a Designated Space. City Police will direct anyone other than an approved Participant to leave the Premises during Safe Parking hours. City will put up signage indicating that no one is allowed to park at the Premises overnight except with a permit. SOS staff, as necessary, will be provided permits allowing them to park at the Premises other than in Designated Spaces, to provide normal SOS services. 21 Page
Exhibit A
Agenda Item #6.1:

7. Removal of Vehicles: Subject to the California Vehicle Code, upon notification by City, SOS shall remove any vehicle parked in a Designated Space after 9:00 a.m., including but not limited to an abandoned and inoperable vehicle; provided, however, that Participants who are also SOS day clients may park their vehicles at the Premises to use Haven day services as provided in Section 3.

8. Other SOS Responsibilities:
a. SOS will provide overnight monitoring from a Security Company whose employees will drive through the Premises three times during the evening and early morning hours. Each Participant's vehicle will be provided with a numbered placard to be displayed in the back windshield of the vehicle as identification of participation in the SOS Safe Parking Program.
b. A case manager shall be assigned to the Program to perform the initial evaluation of Participants and to work with Participants to find alternative housing. c. SOS shall ensure that the Premises are maintained in a clean and orderly manner. d. SOS shall provide a sanitation facility in the back yard of the Haven for the use of Program Participants including their registered household members. This facility will have a sink inside and will be cleaned daily. The Haven's backyard gate is locked at all times, so that entry to the area where the sanitation facility is located shall be limited to the front sidewalk of the Haven.
e. The Haven shall maintain an alarm system with two cameras. One is on the front porch with a live stream view of the Designated Spaces, and one is focused on the Haven's back yard. The alarm system will also help ensure appropriate behavior by Participants and others during Safe Parking hours.

9. Program Evaluation: Approximately six months after the date the Safe Parking Program begins, SOS, the City Council Ad-Hoc Homelessness Committee, City Staff and City police will conduct a review of the Program which will include meeting with stakeholders including neighbors of the Haven. The review participants will provide a report on the Program to the City Council. The report will include a recommendation on timing and content, of future reports including whether to continue the Program and for how long, and any recommended changes.

10. Indemnification: To the full extent allowed by law, SOS shall defend (with counsel acceptable to City), indemnify and hold harmless City and its officers, officials, agents and employees (collectively, Indemnitees) from and against any and all claims, demands, suits, actions, administrative proceedings, regulatory proceedings, civil penalties, fines, damages, costs, expenses (including without limitation reasonable attorneys' fees and costs of litigation), judgments or liabilities (collectively, "Liability"), of every nature arising out of or in connection 3 I Page
Exhibit A
Agenda Item #6.1:

with the Safe Parking Program at the Premises, including without limitation death, personal injury or property damage caused by or suffered by a Participant on or adjacent to the Premises; except such Liability resulting from the sole negligence or willful misconduct of Indemnitees.

SOS shall provide a "Certificate of Liability Insurance" naming City, its officers, officials, agents and employees as additional insureds, in form and content acceptable to City, prior to commencement of the Program at the Premises. Among other things, said insurance shall cover SOS' indemnification obligations under this Section 10. The defense and indemnity obligations of this MOU are undertaken in addition to, and shall not be limited in any way, by SOS's insurance obligations, and shall survive expiration or the earlier termination of this MOU. SOS shall notify City immediately in the event of any accident, damage or injury arising out of or in connection with the Program and/or performance under this MOU.

11. Compliance with Laws: SOS shall fully comply with all applicable local, state and federal laws, statutes, ordinances, rules and regulations relating to the Participants' use of the Designated Spaces and Premises.

12. Condition of Property and Improvements: City makes no representations or warranties regarding the suitability of the Designated Space for overnight sleeping or regarding conditions of the improvements in or on the Premises.

13. Alterations: SOS shall not alter or make improvements to the Designated Spaces, the parking lot, or any portion of the Premises without the express written approval of the City.

14. Governing Law: This MOU is governed by the laws of the State of California.

15. Whole Agreement: This MOU, including its recitals and Appendix A, constitutes the entire agreement between the parties related to the use of the Premises and the Designated Spaces and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties related thereto.

16. Amendments: Any amendments to this MOU shall be in writing and executed by both parties.

17. Severability: If any provision of this MOU is held to be invalid or unenforceable with respect to any party, the remainder of this MOU or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.

18. No Waiver: The waiver by either party of any term, covenant, agreement or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition contained in this MOU.

19. Authority of Signatories. The signatories to this MOU represent and warrant that they are authorized to sign this MOU on behalf of, and thereby to bind, the parties for whom they are signing.
41 Page
Exhibit A
Agenda Item #6.1:

20. Notices. Any notices required to be given pursuant to this MOU shall be in writing and may be delivered personally, by U.S. mail, facsimile or email, to the addresses below or such other addresses as a party may subsequently provide:
a. To City:
b. To SOS:

City of Sonoma
1, The Plaza
Sonoma, CA 95476
Attention: City Manager
Fax: (707) 938-2559
Email: [email protected]
Sonoma Overnight Support
151 First Street West
Sonoma, CA 95476
Attention: Executive Director
Fax: (707) 938-7960
Email: [email protected]
Personal delivery shall be effective immediately. Certified or registered mail, return receipt requested, shall be deemed delivered on receipt if delivery is confirmed by a return receipt.

Facsimile and email delivery shall be deemed delivered on transmittal, absent a message to sender indicating a failure of delivery.

21. No Third-Party Beneficiaries. The parties hereto do not intend to create, and nothing in this MOU shall be construed to create, any benefit or right in any third party.

22. Parties Not Co-Venturers. Nothing in this MOU is intended to or shall establish the parties hereto as partners, co-venturers, or principal and agent with one another.

IN WITNESS WHEREOF, City and SOS have executed this MOU as of the last date set forth below.

City of Sonoma
Date:

Sonoma Overnight Support
5 I Page
___________________________
Sue Casey, Acting City Manager
Date:
_______________________________
Kathy King, Executive Director
Exhibit A
Agenda Item #6.1:

APPENDIX A to
Memorandum of Understanding (MOU)
for Safe Parking Program

SONOMA OVERNIGHT SUPPORT
Safe Parking Rules and Guidelines

1. Participants will be screened and selected by SOS with a preference for women, children, and seniors; and with a geographical preference for City of Sonoma and Sonoma Valley residents.

2. Written agreement with participants and compliance with SOS rules is required.

3. Each participant and his/her household members registered with SOS for the Safe Parking Program will be checked against the statewide Megan's Law database and any person found on such database will be disqualified from the program.

4. The Safe Parking written agreement between SOS and each participant will contain the following rules and requirements:
a. Safe Parking hours are daily from 10:00 pm to 9:00 am. However, participants must vacate the parking lot during Safe Parking hours if advised by SOS or City Police that the parking lot is required to be used for community emergency services.
b. Each participant and his/her household members must register with the SOS case manager and provide copies of a valid CA Driver's License and vehicle registration for their vehicle.
c. Each vehicle may only be occupied by registered participants and their household members. Guests are prohibited.
d. Each vehicle will be assigned a Safe Parking spot that will either be in front of the Haven or in the middle area of the parking lot. No Safe Parking spaces will be allowed next to the Field of Dreams.
e. No RVs or any vehicle that has self-contained living quarters (a bed and a kitchen) will be allowed.
6 I Page
Exhibit A
Agenda Item #6.1:

f. No alcohol or illicit drugs will be allowed in the vehicle or consumed on the premises.
g. No smoking is permitted outside on the premises. Smoking is only permitted inside a closed vehicle.
h. Cooking or food preparation is prohibited on the premises.

1. Littering is prohibited. All trash must be properly disposed in the SOS receptacles, not in the parking lot dumpster.

J· Participants and their household members must exclusively use the SOS sanitation facilities (porta-potty provided by SOS).
k. No music may be played that is audible in the surrounding area or that is so loud as to disturb other participants or the neighbors.

1. Participants must comply with all applicable local, state, and federal laws, rules and regulations and any other rules as outlined by SOS. m. Peaceful behavior must be maintained at all times. Weapons, violence, and/or threats are not permitted and will be cause for permanent dismissal from the program and from all SOS services.
n. All participants and their household members will be required to sign up with SOS' three community housing partners within 30 days of registering for Safe Parking: The SHARE Program, Interfaith Shelter Network (Coordinated Entry and Rapid Re-Housing) and Whole Person Care.
o. Loitering is prohibited. All Safe Parking participants and their household members must leave the parking lot between the hours of 1:00 pm (when SOS day services end) and 10:00 pm (when Safe Parking hours begin).

5. SOS will exit anyone who fails to comply with any of these guidelines and rules and give them a "pink slip". The pink slip will be for overnight or for 24 hours at SOS' discretion. If the violation has to do with substance abuse, the participant and household members will be tested as a condition of their re-entry to the Safe Parking program and must not test positive for alcohol or illicit drugs. Any second failure to comply with any of these guidelines and rules will result in immediate termination and expulsion from the Safe Parking program and all other SOS services. 7 J Page
Exhibit A
Agenda Item #6.1:

6. SOS will provide overnight monitoring from a Security Company whose employees will drive through the premises three times during the evening and early morning hours. City police will also monitor the parking area to ensure that only participants' vehicles are parked there. Each Participant's vehicle will be provided with a numbered placard to be displayed in the back windshield of the vehicle as identification of participation in the SOS Safe Parking Program.

7. Approximately six months after the date the Safe Parking program begins, SOS, the City Council Subcommittee on homeless issues, City Staff and City police will conduct a review of the program which will include meeting with stakeholders including neighbors of the Haven. The review participants will provide a report on the program to the City Council. The report will include a recommendation on timing and content of future reports including whether to continue the program and for how long, and any recommended changes.
8 I Page
Exhibit A
Agenda Item #6.1:

1 Andrew Hening Consulting LLC
Andrew Hening, Principal
2153 Northshore Drive
Richmond, CA 94804
Cellphone: 804-615-9695
Email: [email protected]
Website: www.andrewhening.com

PROPOSAL
Supporting the City Sonoma’s
Homelessness Strategic Initiatives
March 8, 2022
Prepared and submitted by:

Signature: ________________
Title: Andrew Hening, Principal
Exhibit A
Agenda Item #6.1:

2 I. Introduction
My name is Andrew Hening. I am a UC Berkeley MBA with nearly 20 years of social sector leadership experience. For the last 11.5 years, I have been working to end homelessness in communities throughout the San Francisco Bay Area, which has included: coordinating and directly providing front-line outreach in some of the region’s largest homeless encampments; serving in a director-level position with a growing, Bay Area-based nonprofit that required direct involvement with program design, evaluation, and implementation; and holding an executive-level position in local government that included overseeing homelessness and affordable housing policy, stakeholder engagement, and strategic communications.

In August of 2019 I founded my own consulting firm - Andrew Hening Consulting LLC - with the goal of working with public agencies to solve complex social challenges, including measurably reducing homelessness, spurring civic innovation, and redesigning systems of care for vulnerable community members. I would love the opportunity to assist the City of Sonoma with any strategic initiatives related to homelessness, and I believe I bring a wide-ranging portfolio of skills, experiences, and expertise that could make me a valuable partner in these efforts:
• From the fall of 2020 through the spring of 2022, I have been involved with the creation of over 300 permanent supportive and transitional housing units:
o Supported the acquisition, program design, and community engagement activities for four Project Homekey properties, including: 3301 Kerner in San Rafael (44 units), the Casa Buena in Corte Madera (18 units), 1251 S.

Eliseo in Larkspur (43-50 units), and the Studios at Montero in Petaluma (60 units); collectively, these projects have brought approximately $35 million in new State funding to local communities
o Supported the vision, implementation, program design, and evaluation of two non-congregate, emergency shelter programs: the Safe Sleeping Area in San Rafael (up to 50 residents at its height) and the People’s Village in Petaluma (25 units)
o Helped secure a four-year funding commitment from the County of Marin and every city and town in Marin County to pool funding for 68 new case management slots that were then paired with 68 federal Emergency Housing Vouchers to create 68 units of scattered-site permanent supportive housing.
• Co-led the design of Marin County’s Coordinated Entry System, which between October 1, 2017, and September 30, 2021, housed 401 people experiencing chronic homelessness (with a 94% retention rate) and reduced veteran homelessness in Marin County by nearly 70%
Exhibit A
Agenda Item #6.1:

3 • Launched Marin County’s Homeless Outreach Team (HOT Program), which has been named a Statewide Best Practice by the League of California Cities for connecting the most vulnerable, hardest-to-serve individuals experiencing chronic homelessness with permanent supportive housing
• Created a public-private affordable housing collaborative called Opening Doors Marin, which led a bond measure exploration committee in 2019 and has developed a community business plan for the investments needed to end homelessness in Marin County
• Supported the County of Marin, the Marin Housing Authority, affordable housing developers, and local nonprofit housing partners in developing innovative partnerships, including stitching together Section 8 vouchers with new Housing First case management funded through Whole Person Care, to increase permanent supportive housing in Marin County by 98% between 2016 and 2021. • Supported the Marin Housing Authority with the implementation of a Landlord Partnership program that has dramatically increased voucher utilization (named a HUD best practice)
• Helped envision and project manage the creation of new countywide outreach programs, connecting historically underserved communities • Spearheaded nationally recognized community engagement and communication campaigns to build community-wide buy-in for ending chronic homelessness • Co-led the County of Marin’s COVID-19 Emergency Operation Center response for homelessness, which included developing the organizational structure and staffing model for a 30+ person team
• Co-chaired the City of San Rafael’s Harvard-recognized employee culture change program “Together San Rafael”, which included overhauling the organization’s guiding principles, implementing multiple strategic culture initiatives, and launching a learning lab series to embed human-centered design within the organization • Oversaw renter protection policy development and implementation, including just cause for eviction, mandatory mediation, and source of income discrimination protection
I have been repeatedly honored and recognized for my efforts over the last decade, and I have included testimonials on the next two pages.

Exhibit A
Agenda Item #6.1:

4 Kate Colin
Mayor
City of San Rafael
1400 Fifth Avenue,
San Rafael, CA 94901
[email protected]
415-205-3119
“Andrew is the rare leader
who can do it all - strategy,
project management,
relationship building,
communications. Just as
importantly, he is
approachable, open to the
ideas of others and brings
out the best in the people
around him.”
Katie Rice
County Supervisor
County of Marin
3501 Civic Center Drive, Suite 329,
San Rafael, CA 94903
[email protected]
“Andrew has been critical in
transforming our
community’s approach to
homelessness - the strategy,
the partnerships, and the
community conversation. If it
weren’t for his leadership,
we wouldn’t be seeing the
reductions in homelessness
that we’re now observing.”
Exhibit A
Agenda Item #6.1:

5 Johnathan Logan
VP of Community Engagement
Marin Community Foundation
5 Hamilton Landing, Suite 200
Novato, CA 94949
[email protected]
415-464-2500
“Andrew’s wonderful to work
with. He’s brought the rare
combination of expertise,
creativity, and passion to all
of the projects we’ve worked
on together.”
Jim Schutz
City Manager
City of San Rafael
1400 Fifth Avenue,
San Rafael, CA 94901
[email protected]
415-485-3475
“I awarded Andrew with one
of the City’s highest honors,
the Dean Allison Award.

From homelessness to
employee culture change to
civic innovation, Andrew
knows how to bring people
together, effectively listen,
create a vision, and drive
change. There are few
leaders like him.”
Exhibit A
Agenda Item #6.1:

6 To assess the current homelessness programs, policies, and systems in the Sonoma Valley, I would recommend the following scope of work. This work would be completed between April 1, 2022, and June 30,2022 at a rate of $175 / hour.

Phase 1 – Discovery
During Phase 1 our team will work to map the current strategic landscape in the Sonoma Valley.

1.1 Develop Workplan with Project Team

1.2 Review Past Reports and Strategic Planning Efforts

1.3 Stakeholder Interviews
- Up to 10 interviews with community partners

1.4 Working Sessions
- City Manager + City Staff
- City and or County Electds
- Business Community
- County staff / CoC representatives
- A Lived Experience Listening Session

1.5 Program Inventory
Phase 2 – Analysis and Initial Recommendations
During Phase 2 our team will analyze and compile our insights from Phase 1. Deliverables will include a SWOT Analysis of the current system, as well as a PowerPoint deck of initial recommendations.

2.1 SWOT Analysis

2.2 Develop Initial Recommendations
Exhibit A
Agenda Item #6.1:

7 Phase 3 – Final Report and Presentation
During Phase 3 our team will gather feedback and work to update our initial recommendations.

Deliverables will include a completed PowerPoint deck with findings and recommendations that will include a presentation to City Council

3.1 Incorporate feedback from critical partners
- City Staff
- Providers

3.2 Update Initial Recommendations

3.3 Final Slide Deck & Presentation
Stakeholder Engagement
Throughout the process, our team anticipates some level of weekly correspondence with City staff as we aggregate insights, develop recommendations, and iterate our deliverables.

Correspondence with Staff / CoC Planning Committee(s)
In total, I would recommend a not-to-exceed budget of $24,325 for this project.

Exhibit A
Agenda Item #6.1:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution of the City Council of the City of Sonoma Establishing an Ad Hoc Advisory Subcommittee on Parklets and Appoint Two Councilmembers to the Subcommittee Summary
On Monday, May 18, 2020, the Sonoma City Council adopted a resolution authorizing the City Manager to create and implement new COVID-19 pandemic related re-opening and recovery measures through the issuance of Temporary Use Permits, Encroachment Permits, and/or Licensing Procedures to allow the City’s businesses to expand their operating space utilizing public sidewalks, the Plaza, Grinstead amphitheater, public rights-of-way (including parking areas and roadways), their own property or neighboring properties with neighbor agreement, while respecting social distancing requirements.

To mitigate the impact of COVID-19 on Sonoma businesses, the City of Sonoma has been assisting in temporarily adding or expanding their outside service options to accommodate COVID-19 related health standards, known as the Sonoma Al Fresco program.

With the decrease in COVID-19 cases and reduction of impacts from the pandemic, the City of Sonoma wishes to consider the future of the temporary programs that allowed for the issuance of temporary use permits under the City’s Al Fresco program.

An ad hoc subcommittee could be utilized to analyze issues that may arise during staff’s consideration of the future of the Al Fresco program, including design standards, consideration of impacts, costs, and duration, and, when needed, make recommendations to the full City Council.

Staff recommends the establishment of ad hoc Parklet advisory subcommittee and the appointment of two City Council Members to the Committee. This subcommittee will be charged with analyzing issues that may arise during staff’s consideration of the future of the temporary Al Fresco program, including but not limited to design standards, consideration of impacts, costs, and duration. The subcommittee shall have such support from the City Attorney and other City staff as the City Manager shall direct. The subcommittee will provide recommendations to the City Council from time to time but no later than March 16, 2023, or the termination of the temporary nature of the Al Fresco program, whichever occurs later.

Upon provision of its final recommendation to the City Council, the subcommittee shall automatically be disestablished.

As a temporary, ad hoc advisory committee comprised of less than a quorum of the City Council, the Parklet subcommittee may, but need not, comply with the Brown Act as authorized by Government Code section 54952, subdivision (b). (Acting City Manager) Recommended Council Action
Agenda Item #6.2:

RECOMMENDATION: Adopt the Resolution
Alternative Actions
Council Discretion
Financial Impact
No direct financial impact is associated with establishing the Ad Hoc Advisory Subcommittee on Parklets
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Establishing Parklet Ad-Hoc Subcommittee
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #6.2:

277147.1
CITY OF SONOMA RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

ESTABLISHING AN AD HOC ADVISORY SUBCOMMITTEE ON PARKLETS WHEREAS, on Monday, May 18, 2020, Sonoma City Council adopted a resolution authorizing the City Manager to create and implement new COVID-19 Pandemic related re-opening and recovery measures through the issuance of Temporary Use Permits, Encroachment Permits, and/or Licensing Procedures to allow the City’s businesses to expand their operating space utilizing public sidewalks, the Plaza, Grinstead amphitheater, public rights-of-way (including parking areas and roadways), their own property or neighboring properties with neighbor agreement, while respecting social distancing requirements; and
WHEREAS, to mitigate the impact of COVID-19 on Sonoma businesses, the City of Sonoma has been assisting in temporarily adding or expanding their outside service options to accommodate COVID-19 related health standards, known as the Sonoma Al Fresco program; and
WHEREAS, the Sonoma Al Fresco program includes the opportunity to provide new or expanded service facilities on sidewalks or public on-street parking spaces (parklets) in front of the business, in outdoor patios, nearby alleys, courtyards, alcoves, or neighboring property (with neighbor agreement), and in the Sonoma Plaza park seating area; and
WHEREAS, with the decrease in COVID-19 cases and reduction of impacts from the pandemic, the City of Sonoma wishes to consider the future of the temporary programs that allowed for the issuance of temporary permits under the City’s Al Fresco program; and
WHEREAS, an ad hoc subcommittee could be utilized to analyze issues that may arise during staff’s consideration of the future of the Al Fresco program, including design standards, consideration of impacts, costs, and duration, and, when needed, make recommendations to the full City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma as follows:

SECTION 1. An ad hoc advisory subcommittee is hereby established to be comprised of City Council Members _________________ and ________________.

SECTION 2. This subcommittee is charged with analyzing issues that may arise during staff’s consideration of the future of the temporary Al Fresco program, including but not limited to design standards, consideration of impacts, costs, and duration. The subcommittee shall have such support from the City Attorney and other City staff as the City Manager shall direct.

Agenda Item #6.2:

277147.1
SECTION 3. The subcommittee shall provide recommendations to the City Council from time to time but no later than March 16, 2023 or the termination of the temporary nature of the Al Fresco program, whichever occurs later. Upon provision of its final recommendation to the City Council, the subcommittee shall automatically be disestablished.

SECTION 4. As a temporary, ad hoc advisory committee comprised of less than a quorum of the City Council, the subcommittee may, but need not, comply with the Brown Act as authorized by Government Code section 54952, subdivision (b).

PASSED, APPROVED, AND ADOPTED this 16th day of March, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Mar 2022
Department
Administration
Staff Contact
Jeffrey A. Walter, City Attorney
Agenda Item Title
Discussion, Consideration and Possible Action to Approve a Resolution and Employment Agreement Appointing Sue Casey as Acting City Manager Effective February 16, 2022 Summary
The City of Sonoma is in the process of recruiting for a permanent, full-time City Manager.

Before hiring the permanent, full-time City Manager, the City may retain the services of an interim City Manager. The City Council currently wishes to retain an employee to act as and perform the duties of Acting City Manager
At their February 16, 2022 meeting, the Sonoma City Council appointed Sue Casey, the City’s Assistant City Manager, as Acting City Manager. Council approved Mrs. Casey’s appointment during the regular City Council meeting.

Attached as Exhibit A is a copy of the employment agreement between the City of Sonoma and Sue Casey. This agreement outlines compensation, benefits, terms, and conditions of employment as Acting City Manager. The salary has been set at the current adopted City of Sonoma, City Manager salary of $215,900 per year. The agreement further provides general benefits at the same level that department heads receive.

The City Manager is hired by and serves at the pleasure of the elected City Council. The City Council is the policy-making body and the City Manager implements the Council’s direction. In a private sector model, the City Council is similar to the Board of Directors and the City Manager is like the Chief Executive Officer. The City Manager manages the organization on a daily basis, hires staff, oversees the budget, and drives forward the City Council’s projects and initiatives. The position of Acting City Manager requires specialized skills, including but not limited to advanced management, budgeting, and negotiating which Sue Casey has. Sue Casey has been serving as the Assistant City Manager for the City of Sonoma since October 2017.

Recommended Council Action
RECOMMENDATION: Approve the Resolution
Alternative Actions
Financial Impact
Environmental Review Status
Agenda Item #6.3:

Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Final Agenda Report -Sue Casey Acting CM Agreement 021622 Final Resolution Acting City ManagerAgreement- Casey 031622 (djr edits) Exhibit A Acting City Manager Contract 2-28-22
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #6.3:

277140.1
City of Sonoma
Agenda Item Summary
Meeting: City Council – 16 March 2022
Department
Administration
Staff Contact
Jeff Walter, City Attorney
Agenda Item Title
Discussion, Consideration and Possible Action to Approve a Resolution and Employment Agreement Appointing Sue Casey as Acting City Manager Effective February 16, 2022 Summary
The City of Sonoma is in the process of recruiting for a permanent, full-time City Manager.

Before hiring the permanent, full-time City Manager, the City may retain the services of an interim City Manager. The City Council currently wishes to retain an employee to act as and perform the duties of Acting City Manager
At their February 16, 2022 meeting, the Sonoma City Council appointed Sue Casey, the City’s Assistant City Manager, as Acting City Manager. Council approved Mrs. Casey’s appointment during the regular City Council meeting.

Attached as Exhibit A is a copy of the employment agreement between the City of Sonoma and Sue Casey. This agreement outlines compensation, benefits, terms, and conditions of employment as Acting City Manager. The salary has been set at the current adopted City of Sonoma, City Manager salary of $215,900 per year. The agreement further provides general benefits at the same level that department heads receive.

The City Manager is hired by and serves at the pleasure of the elected City Council. The City Council is the policy-making body and the City Manager implements the Council’s direction. In a private sector model, the City Council is similar to the Board of Directors and the City Manager is like the Chief Executive Officer. The City Manager manages the organization on a daily basis, hires staff, oversees the budget, and drives forward the City Council’s projects and initiatives. The position of Acting City Manager requires specialized skills, including but not limited to advanced management, budgeting, and negotiating which Sue Casey has. Sue Casey has been serving as the Assistant City Manager for the City of Sonoma since October 2017.

Recommended Council Action
Approve the Resolution and Employment Agreement Appointing Sue Casey as Acting City Manager Effective February 16, 2022.

Alternative Actions
Financial Impact

Environmental Review Status
Agenda Item #6.3:

277140.1
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Exhibit A - Employment Agreement
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

N/A
CC:

Agenda Item #6.3:

277139.1
CITY OF SONOMA RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF SONOMA AND SUE CASEY FOR THE POSITION OF ACTING CITY

MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City of Sonoma is in the process of recruiting for a permanent, full-time City Manager and at some point, prior to hiring the permanent, full-time City Manager, the City may retain the services of an interim City Manager; and WHEREAS, the City Council is desirous of retaining an employee to act as and perform the duties of Acting City Manager; and
WHEREAS, the City Council at their February 16, 2022, meeting appointed Sue Casey as Acting City Manager (ACM) of the City of Sonoma, on a temporary basis, pending the recruitment of a permanent replacement to fill the position; and WHEREAS, it is the desire of the City and Sue Casey to enter into an Employment Agreement concerning compensation, benefits, terms, and conditions of employment as the Acting City Manager (Exhibit A – Acting City Manager Contract); and WHEREAS, Sue Casey is agreeable to performing the duties of ACM under the terms and conditions of this Agreement; and
WHEREAS, the position of Acting City Manager requires specialized skills, including but not limited to advanced management, budgeting, and negotiating and Sue Casey has those skills; and
WHEREAS, Sue Casey has been serving as the Assistant City Manager for the City of Sonoma since October 2017.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the Employment Agreement attached hereto as Exhibit A between the City of Sonoma and Sue Casey, appointing Casey to the position of Acting City Manager, effective February 16, 2022, is hereby approved and adopted, and the Mayor is authorized and directed to sign and execute the Employment Agreement on behalf of the City.

PASSED and ADOPTED by the City Council of the City of Sonoma, this 16th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.3:

277139.1
Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 1 276296.2

EMPLOYMENT AGREEMENT

ACTING CITY MANAGER
THIS AGREEMENT (“Agreement’) is entered into and is effective as of the 16th day of February 2022 (“Effective Date”), by and between the CITY OF SONOMA, a general law city, (hereinafter referred to as "City") and Susan Casey (hereinafter referred to as “Employee") as Acting City Manager (hereinafter referred to as "Acting City Manager" or “ACM”).

R E C I T A L S
WHEREAS, Employee is currently the Assistant City Manager of the City (a job position covered by the City's civil service rules), but the City desires to employ the services of Employee as Acting City Manager and to perform such other assigned duties as may be set forth herein; and
WHEREAS, the City is in the process of recruiting for a permanent, full-time City Manager and at some point prior to hiring the permanent, full-time City Manager, the City may retain the services of an interim City Manager; and
WHEREAS, the City Council is desirous of employing Employee to act as and perform the duties of Acting City Manager; and
WHEREAS, the Employee is agreeable to performing the duties of ACM under the terms and conditions of this Agreement; and
WHEREAS, the City has adopted an ordinance establishing the City Manager form of government in the City of Sonoma; and
WHEREAS, it is the desire of the City and Employee to enter into an Employment Agreement concerning compensation, benefits, terms and conditions of employment as the Acting City Manager and to serve the following purposes:

A. To retain Employee to perform services in a professional manner and to provide her compensation and employment benefits which will induce Employee to remain in the employment of the City as Acting City Manager for the needed period of time (as determined in the sole discretion of the City Council);
B. To assure Employee that, except as provided hereinafter, upon her termination as Acting City Manager, she shall return to the performance of her duties as the Assistant City Manager earning the same salary and enjoying the same benefits she would have earned and enjoyed, respectively, had she remained employed as the Assistant City Manager during the term of this Agreement; and
C. To reserve to the City, however, a fair and just means of (i) terminating the employment of Employee as Acting City Manager in the event that Employee, for any reason, becomes unable or unwilling to discharge fully the duties of the office of Acting City Manager, or (ii) terminating the employment of Employee as Acting City Manager in the Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 2 276296.2
exercise of the right of the City Council to fill the position of City Manager as the Council sees fit, and in all events to reserve to the City the right and ability to terminate Employee’s position as Acting City Manager at the will of the City Council when the position of City Manager is filled by a permanent employee or at any other time, with or without reason; and WHEREAS, Employee accepts employment with the City as the Acting City Manager under the provisions set forth herein.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

1. EMPLOYMENT. City hereby employs the Employee, and the Employee hereby accepts employment with the City in the position of Acting City Manager, on the terms and conditions and for the compensation herein set forth.

2. SCOPE OF DUTIES AND SERVICES.
a. Under the terms and conditions of this Agreement, Employee shall personally provide all the services and duties ordinarily performed by the City Manager for the City under the direction and control of the City Council and as set forth in the Sonoma Municipal Code and other applicable, written policies and rules. Among other things, Employee has the authority to interview, hire and fire employees, and direct the workforce subject to the specific limitations set forth in the Sonoma Municipal Code. In addition, Employee shall serve as Acting Executive Director of the Successor Agency to the Dissolved Sonoma Community Development Agency. Employee shall perform her obligations and responsibilities diligently within the time parameters indicated by the City Council, applying the highest degree of professionalism, ethics, integrity and competency to the discharge of every aspect of her obligations. Employee shall also retain the position and perform all the duties of the Assistant City Manager currently with that of Acting City Manager.
b. Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (“FPPC”). c. Employee agrees to remain in the exclusive employ of the City during the term of this Agreement. Employee shall dedicate her full energies and qualifications to her employment as the Acting City Manager, and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Council.

3. TERM. The term of this Agreement shall begin on the Effective Date and shall terminate as set forth hereinbelow.

4. COMPENSATION. For the services to be provided pursuant to this Agreement, Employee shall receive the following compensation and benefits:

Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 3 276296.2
a. Compensation. Employee shall be paid an annual base salary of two hundred fifteen thousand, nine hundred dollars ($215,900.00). Thereafter, Employee's base salary shall be increased by the same percentage and at the same time any discretionary acrossthe-board increase is granted to the City's exempt management employees (“management employees”) covered by the Resolution Adopting Terms and Conditions of Employment for Non-Represented Confidential Personnel and for Executive, Management and Administrative Personnel (“Exempt Management Compensation Program”). Employee's salary shall be payable in installments at the same time as other management employees of the City and in accordance with established City procedures.
b. General Benefits. Except as may be otherwise provided herein, Employee shall be provided the compensation and benefits offered to all other department heads as provided for in the Exempt Management Compensation Program. c. Cash Out of Accrued Leave. Employee shall retain the rights she enjoyed as the Assistant City Manager under the Exempt Management Compensation Program in terms of the timing of her right to “cash out” accrued but unused leaves. However, the hourly rate upon which the amount of said “cash out” is to be calculated shall be based on the time served in each position (Acting City Manager vs. Assistant City Manager).

5. REINSTATEMENT AS ASSISTANT CITY MANAGER -- Notwithstanding anything to the contrary stated herein, during the term of this Agreement, Employee may, upon giving the City 30 days’ advance written notice, resign her position as Acting City Manager and return to the position of and be reinstated as the Assistant City Manager. Upon her reinstatement as the Assistant City Manager, she shall enjoy those benefits set forth in and be subject to the terms and conditions of the Exempt Management Compensation Program. a) In the event that Employee returns to the position of and is reinstated as the Assistant City Manager for any reason hereunder, Employee’s salary and benefits shall be adjusted to match that which would have been in effect at the time she is so reinstated had she not entered into this Agreement and had, during the term of this Agreement, retained and performed the duties of her position as Assistant City Manager. Any benefits or rights that she enjoyed as the Acting City Manager under the Exempt Management Compensation Program shall terminate upon her resumption of her Assistant City Manager position. Under such circumstances, it shall be presumed that during the term of this Agreement Employee did not and would not have received any salary increases as the Assistant City Manager as a result of any performance evaluations.
b) During the term of this Agreement, the Assistant City Manager position shall be considered a temporary position, and, in the event that Employee determines that said position should be filled by a person other than herself, the position shall be communicated as a temporary position. It shall have a term lasting no longer than thirty days and shall be terminable at will. It shall be subject to a written employment agreement or contract containing, at a minimum, the terms specified herein. The person (“hiree”), if any, hired to fill said temporary position, shall be informed in writing that Employee has the right to “bump” said hiree out of the Assistant City Manager position should Employee’s employment as Acting City Manager Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 4 276296.2
terminate and Employee therefore be entitled to be reinstated to said Assistant City Manager position.

6. TERMINATION AND RESIGNATION. Notwithstanding anything to the contrary stated herein, the City Council has the right, upon thirty (30) days advance written notice to Employee, to terminate Employee at any time during the term of this Agreement with or without cause, and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time without cause, subject only to the provisions set forth in this Section 6. The parties agree that Employee serves at the will of the City Council. Employee waives any and all rights that she may have (i) to challenge or appeal any such termination or (ii) to invoke any due process (procedural or substantive) rights or protections as conditions to the City's right to terminate her employment hereunder.
a. Except as is provided hereinafter, upon the City Council’s termination of Employee’s employment as Acting City Manager, Employee shall have the right to be reinstated to the position of Assistant City Manager under the same terms and conditions set forth in Section 5(a), above.
b. Notwithstanding the foregoing to the contrary, if Employee is terminated as the Acting City Manager for any or all of the reasons set forth below, then: (i) she shall not be entitled to be reinstated as the Assistant City Manager, and (ii) she shall not be entitled to any severance pay under the Exempt Management Compensation Program:
1) conviction of any criminal offense involving moral turpitude, provided that Employee may be placed on administrative leave without pay should she be charged with such a crime or crimes; 2) willful destruction, theft, misappropriation, or misuse of City property;
3) intoxification on duty, whether by alcohol or non-prescriptive drugs;
4) inexcusable absence;
5) dishonesty, fraud or misconduct in office;
6) fraud or dishonesty in securing this appointment;
7) violation of State or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, sex or age concerning either members of the general public or City employees;
8) willful or unlawful retaliation against any other City official or employee or member of the general public who in good faith Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 5 276296.2
reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or directly related thereto; or
9) refusal to comply with any lawful direction, decision or order given or made by a majority of the City Council.
c. If, upon the termination of this Agreement, Employee receives any cash settlement from the City related to that termination, the Employee shall fully reimburse the City the amount of said cash settlement if the Employee is convicted of a crime involving an abuse of the office of Acting City Manager. Said reimbursement shall be paid to the City within thirty (30) days after said conviction becomes final and is no longer subject to any appeal.

7. BONDING. City shall bear the full cost of any fidelity or other bond required of Employee as the Acting City Manager under any law or ordinance.

8. GENERAL PROVISIONS.
a. Notices. Any notice to be given by either party to the other shall be in writing and shall be considered delivered when transmitted either by personal delivery or by mail, registered or certified, postage pre-paid with return receipt requested and properly addressed as follows or by email (accompanied by delivery by first class, U.S. Mail (if by email, the notice shall be deemed received on the date sent provided that there is evidence that the notice was received on that date):

To City: Mayor & City Council, City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
www.cityofsonoma.org
With copy to: Jeffrey A. Walter, City Attorney
Colantuono Highsmith & Whatley
670 W. Napa St., Suite F
Sonoma, CA 95476
Phone: (707) 986-8065
Email address: [email protected]
To Employee: Susan Casey
Email address: [email protected]
Phone: 707-337-3930
Any party may change her/its address for purposes of this section by giving the other party written notice of the new address in the manner •set forth above.

Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 6 276296.2
b. Waiver. The waiver of any breach of any provision hereunder by either party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. c. Construction of Terms. The language of all parts of this Agreement shall be construed according to their plain meaning and shall not be construed for or against either party. 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 amendment or exhibits hereto.
d. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be unenforceable, void or invalid, in whole or in part, for any reason, the remainder of this Agreement shall remain in full force and effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into supplemental or other agreements to effectuate the intent of the parties and the purpose of this Agreement.
e. Controlling Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California, with venue proper only in the County of Sonoma, State of California.
f. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the employment of Employee by the City as its Acting City Manager and supersedes all prior and contemporaneous agreements, representations, promises and understanding of the parties, whether oral or in writing. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by all parties and this Agreement may not be altered, amended or modified by any other means. Each party waives their future right to claim, contend, or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver, or estoppel. g. Other Terms and Conditions of Employment. The Council, in consultation with the Employee, may fix any such other terms and conditions of employment relating to the performance of the Employee, provided the terms or conditions do not conflict with the provisions of this Agreement.
h. Recitals Incorporated. The recitals are incorporated by this reference.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.

Agenda Item #6.3:

Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 7 276296.2

CITY OF SONOMA
By: _________________________
Jack Ding, Mayor

EMPLOYEE
____________________________
Susan Casey
Approved as to form:
____________________________
Jeffrey A. Walter, City Attorney
Agenda Item #6.3: