St. Helena City Council
February 22, 2022

City of St. Helena
Regular City Council Meeting
Tuesday, February 22, 2022 @ 6:00 PM

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.

This meeting will be conducted pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed States of Emergency. The Governor of California proclaimed a State of Emergency related to COVID-19 on March 4, 2020. This teleconferenced meeting is necessary so that the City can conduct essential business and is permitted under Government Code 54953 in order to protect public health and safety of attendees.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. City Council members and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website, barring technical difficulties. Those members of the public wishing to participate must do so remotely via Zoom electronic meetings in the following ways; by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the meeting ID or by calling a listed number and enter the meeting ID. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.

ALTERNATIVE PUBLIC COMMENT VIA TELEPHONE BY RESERVATION If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone.

Please see the end of the agenda for detailed PUBLIC PARTICIPATION instructions. **NEW - Simultaneous Spanish interpretation services during meetings can be scheduled upon request. To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Please click the link below to join the meeting:
https://us02web.zoom.us/j/84661462475
Or One tap mobile :

US:
+16699006833,,84661462475# or +13462487799,,84661462475# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Meeting ID: 846 6146 2475
International numbers available: https://us02web.zoom.us/u/kuQuvTOua ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Esta reunión será realizada conforme a las provisiones del Código de Gobierno Sección 54953 (modificada por AB 361) la cual autoriza las reuniones de teleconferencia bajo el Acta Brown durante ciertos Estados de Emergencia. El gobernador de California proclamó Estado de Emergencia relacionado con el COVID-19 el 4 de marzo del 2020. Esta reunión por teleconferencia es necesaria para que la Ciudad pueda realizar deberes esenciales y es permitido bajo el Código de Gobierno 54953 en orden de proteger la salud pública y seguridad de los asistentes.

Consistente con el Código de Gobierno Sección 54953, esta reunión del Consejo de la Cuidad será realizada vía teleconferencia y no será físicamente abierta al público. Miembros del Consejo de la Cuidad y personal atenderán la reunión por audio y/ o video. La reunión será transmitida vía Zoom.

La reunión del Consejo de la Cuidad se transmitirá en vivo por el Canal 28 de Comcast y en el sitio web de la Ciudad, salvo dificultades técnicas. Aquellos miembros del público que deseen participar deben hacerlo de forma virtual a través de las reuniones electrónicas de Zoom de las siguientes maneras; iniciando sesión en el enlace Zoom ubicado en la agenda de la reunión (descargue la aplicación en su computadora o dispositivo móvil) e ingrese el ID de la reunión o llamando al número ubicado en la agenda e ingrese el ID de la reunión. Se aceptarán comentarios públicos para la reunión del Consejo de la Cuidad por correo electrónico a [email protected]. Todos los comentarios públicos se harán públicos y se adjuntarán a la agenda, pero no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda del Consejo de la Cuidad al día siguiente.
**NUEVO- Servicios de interpretación en español durante la reunión pueden ser solicitados por el público. Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .

Habrá traducción en español durante la junta
Haga clic en el enlace a continuación para participar en la reunión:
https://us02web.zoom.us/j/84661462475
O por iPhone one-tap:

US: +16699006833,,84661462475# or +13462487799,,84661462475# O por Teléfono: Marque(para mejor calidad, marque número basado en su ubicaciónactual):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
ID de la Reunión: ID: 846 6146 2475
International numbers available:https://us02web.zoom.us/u/kuQuvTOua Consulte el final de la agenda para obtener instrucciones detalladas de PARTICIPACIÓN PÚBLICA.

Page

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE
Estimated start time: 6:02 p.m.

3. ADOPTION OF THE AGENDA
Estimated start time: 6:05 p.m.

4. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy
Estimated start time: 6:08 p.m.

5. PUBLIC FORUM:

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

Estimated start time: 6:10 p.m.

5.1. Public Comment.Sandi Thompson
Public Comment.Beth Gray
15 - 17

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:

Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Estimated start time: 6:20 p.m.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1. Proclamation Declaring February 2022 As Black History Month In The City of St. Helena
Estimated start time: 6:30 p.m.

Black History Month Proclamation 2022
19 - 20

8. STAFF BRIEFING

8.1. None

9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
Estimated start time: 6:35 p.m.

9.1. Consideration and proposed approval of Regular Meeting Minutes of February 8, 2022.
02-08-2022 Regular City Council - Minutes
21 - 28

9.2. Consideration and proposed approval of a resolution approving: (1) a temporary closure of Adams Street and Library Lane from Friday, May 20, 2022, at 6:00 p.m. to Sunday, May 22, 2022, at 6:00 p.m.; and (2) authorizing possession of open alcoholic beverages on those public streets for the Neighborhood Community Table Event scheduled for Saturday, May 21, 2022, from approximately 5:00 p.m. to 9:00 p.m.

CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Chantel Delay, Administrative Assistant
Recommendation:

Staff recommends approval of the attached resolution.

Staff Report - Pdf
29 - 37

9.3. January 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:

Receive and file.
39 - 43

Staff Report - Pdf

9.4. Consideration and proposed adoption of a Resolution Authorizing (1) the City Manager to execute Amendment No. 2 to STH Contract: FY2021- 077 in the amount of $258,337, to the Professional Service Agreement with Operational Technical Services for temporary Wastewater Treatment Operators for a total amount not-to-exceed $459,250; (2) a Wastewater Fund budget increase of $258,337 to 571-5029-2130; and (3) use of Wastewater Operations Fund balance of $250,968; (4) the City Manager to execute Amendment No. 3 to STH Contract: FY2021-048 in the amount of $562,614 to the Professional Service Agreement with Operational Technical Services for temporary Water Treatment Operators for a total amount not-to-exceed $1,346,104; (5) a Water Fund budget increase of $562,614to 561-5034-2130; and (6) use of Water Operations Fund balance of $562,614
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Management Analyst
Recommendation:

Staff recommends adoption of the attached resolution.

Staff Report - Pdf
45 - 118

10. PUBLIC HEARINGS

10.1. Consideration and proposed adoption of the following:

Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project. *This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022, February 8, 2022 and February 22, 2022, regular City Council meetings. This item is being continued again to the March 8 22, 2022 regular City Council meeting.

11. OLD BUSINESS

11.1. Place a General Obligation Bond (GO Bond) Measure on the June 7, 2022 Ballot by Holding a Second Reading and Adopting an Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters and a Resolution Consolidating the Measure Estimated start time: 6:40 p.m.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
(1) Approve the Second Reading and Adopt the Ordinance by Title Only and Waive Further Reading Ordering the Submission of a Proposition to 119 - 132

Incur Bonded Indebtedness to the Voters, and (2) Adopt the Resolution Placing the Measure on the June 7, 2022 Ballot, Requesting Consolidation and Setting Procedural Details
Staff Report - Pdf

12. NEW BUSINESS

12.1. Fiscal Year (FY) 2021-22 2nd Quarter Finance Report and Consideration of Resolution Approving Mid-Year Budget Adjustments for FY 2021-22 Estimated start time: 7:15 p.m.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:

Staff recommends the City Council receive and file the report and approve a Resolution Approving Mid-Year Budget Adjustments for FY 2021-22.

Staff Report - Pdf
Presentation
133 - 198

12.2. Discussion and Direction Related to Recommended Prioritization of General Plan Climate Action Initiatives
Estimated start time: 7:30 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Provide discussion on the prioritization of implementing actions.

Staff Report - Pdf
199 - 237

12.3. Introduction of Youth Representatives
Estimated start time: 8:00 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Receive presentation.

Staff Report - Pdf
239 - 241

13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:

13.1. March City Council Meetings:
3/8 (Staff reports due 2/18)
3/22 (Staff reports due 3/4)
Presentation
3/8 American Red Cross Month
CONSENT:

3/8 Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement withArtemis Habitat, in an amount not-to-exceed $48,000 for Habitat Management Plan for the Upper York Creek Ecosystem
Restoration,City Project No. W-26.
3/8 Professional Service Agreement for Water and Wastewater Rate Study
3/8 Review and Feedback of Scope for new Diversity, Equity and Inclusion Committee
PH or OLD / NEW BUSINESS:
3/8 Mills Lane
3/8 Conduct a First an Ordinance Adding Chapter ______ to Title ___ of the St. Helena Municipal Code Relating to Electronic and Paperless Filing of Campaign Disclosure Statements and Adopt a Resolution Relating to Electronic Filing of Statements of Economic Interests 3/8 Chamber annual update
3/8 FY 2021/22 Third Quarter Update on the Capital Improvement Program (CIP)
3/8 Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.

14. ADJOURNMENT
The next Regular City Council meeting is scheduled for March 8, 2022, at 6:00 p.m.

I do hereby certify that a copy of the foregoing agenda was posted on the City website on February 18, 2022.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period

is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.

Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

THE CITY OF ST. HELENA ENCOURAGES ONLINE PUBLIC PARTICIPATION IN

VIRTUAL CITY COUNCIL MEETINGS
St. Helena, CA– The City of St. Helena is committed to public participation in City government in a manner that is consistent with guidance provided by the Napa County Public Health Official and AB361. These guidelines relate to social distancing, and are intended to protect everyone by limiting the spread of COVID-19 in our community. In adherence to these guidelines, the St.

Helena City Council will host a Virtual Council Meeting on Zoom; a free teleconferencing tool that enables users to watch and/or call into the meeting from their computers or phones. This meeting will be open to public and allows for live public comment. The meeting will also be recorded, livestreamed, and posted on the City’s website after the adjournment of the meeting if technical difficulties occur: https://sthelena.civicweb.net/Portal/ The ZOOM web link, meeting ID, and phone number will be listed at the top of the City Council Meeting Agenda. You will be required to enter the meeting ID, but there will be no password or participant ID.

How to Watch or Listen to Council Meetings:

1. Watch on Comcast Channel 28

2. Watch the livestreaming video on the City’s website

3. Watch and Listen on Zoom.us by clicking on the link in the Council Agenda

4. Listen only by calling the Zoom number listed on the Council Agenda Watch Council Meeting by Joining the Zoom Meeting:

1. By Computer, Tablet, or Smart Phone:

1. Before joining the virtual City Council Meeting, it is highly encouraged that you download the Zoom App. To sign up for your own free account, visit zoom.us/signup and enter your email address. You will receive an email from Zoom ([email protected]). In this email, click Activate Account.

2. If you are logged into your account, Enter the Meeting ID listed on the City Council Agenda.

If you have not created an account go to: https://zoom.us/join and enter the Meeting ID

3. Select if you would like to connect audio and/or video and tap Join Meeting.

4. For specific instructions for your device, go to: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting

1. Listen Only by Telephone:

1. Dial the number listed on the Council Agenda.

2. At the prompt, enter the Meeting ID provided on the top of the City Council Meeting Agenda and Press #. A participate ID is not required.

3. To disconnect from the meeting, hang up the phone.

Ways to Provide Public Comment:

While attending the virtual City Council Meeting, the public will have the opportunity to provide live public comment during Public Forum and after each agenda item. When it is the appropriate time for public comment the Mayor will verbally open public comment. At this time each individual is permitted 4 minutes to speak.

1. Send a Public Comment in by 4:00 PM Prior to the Meeting to:
[email protected]
The easiest way to provide public comment is to email your public comment. Public comments may be emailed to [email protected]. Please include in the subject line “COMMENT TO COUNCIL and the AGENDA ITEM”. Any public comment is required to be submitted no later than 2 hours before the scheduled meeting and will be included as an attachment to the agenda. All public comments will be made publicly available and attached to the agenda item and will not be read out loud. All public comments that are received after 4:00 PM will be attached to the agenda the following day.

2. Provide Comment through Zoom meeting from a computer, tablet, or smart phone This option allows the public to virtually attend the meeting as a muted ‘attendee’ with no video or screen sharing capabilities. You will be able to see and hear those participating in the meeting, but they will not be able to hear you until the host unmutes you.

If you wish to provide public comment during a specific agenda item or during public forum, you can use the “raise hand” feature located in the control panel at the bottom of your screen. The icon is a small blue hand. In Windows you can also use the Alt+Y keyboard shortcut to raise or lower your hand. In Mac you can also use the Option+Y keyboard shortcut to raise or lower your hand.

The host will be notified that you've raised your hand and you will be placed in a queue with all incoming requests.

When it is your turn to speak, you will be notified that the host has unmuted you. To be removed from the queue, just click the ‘raise hand’ button again.

3. Call in to the ZOOM meeting from a cell phone or landline phone only This option allows the member of the public with the opportunity to verbally participate in public comment.

If you wish to speak during public comment time dial *9 on your telephone.

The host will be notified that you would like to speak and you will be placed in a queue with all incoming requests.

When it is your turn to speak, you will be notified that the host has unmuted you. You may press *9 again if you wish to be removed from the queue.

You will be notified at the end of your statement that you have been muted.

4. Alternative Public Comment Via Telephone by Reservation If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ En cumplimiento de la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, llame a la Oficina del Secretaría de la Ciudad (707) 967- 2792. La notificación 72 horas antes de la reunión, como lo requiere la Sección 202 de la Ley de Estadounidenses con Discapacidades, permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión.

LA CIUDAD DE ST. HELENA ALIENTA LA PARTICIPACIÓN PÚBLICA EN LÍNEA EN

REUNIONES VIRTUALES DEL CONSEJO DE LA CIUDAD
St. Helena, CA– La Ciudad de St. Helena está comprometida con la participación pública en el gobierno de la Ciudad de manera que sea consistente con la guía proporcionada por el Oficial de Salud Pública del Condado de Napa y la Orden Ejecutiva N-25-20 del Gobernador Newsom. Estas pautas se relacionan con el distanciamiento social y están destinadas a proteger a todos al limitar la propagación de COVID-19 en nuestra comunidad. En cumplimiento de estas pautas, el Ayuntamiento de St. Helena organizará una Reunión del Consejo Virtual sobre Zoom; Una herramienta de teleconferencia gratuita que permite a los usuarios mirar y / o llamar a la reunión desde sus computadoras o teléfonos. Esta reunión estará abierta al público y permite comentarios públicos en vivo. La reunión también se grabará, se transmitirá en vivo y se publicará en el sitio web de la Ciudad después de la clausura de la reunión si se presentan dificultades técnicas:
https://sthelena.civicweb.net/Portal/
El enlace web de ZOOM, la identificación de la reunión y el número de teléfono se enumerarán en la parte superior de la Agenda de la reunión del Ayuntamiento. Se le pedirá que ingrese la ID de la reunión, pero no habrá contraseña ni ID de participante.

Cómo ver o escuchar las reuniones del Consejo:

1. Veala a través del canal 28 de Comcast

2. Vea el video de transmisión en vivo en el sitio web de la ciudad

3. Mire y escuche en Zoom.us haciendo clic en el enlace en la Agenda del Consejo

4. Escuche llamando al número de Zoom listado en la Agenda del Consejo Vea la reunión del Consejo uniéndose a la reunión Zoom:

1. Por computadora, tableta o teléfono:
a. Antes de unirse a la reunión virtual del Ayuntamiento, le recomendamos que descargue la aplicación Zoom. Para registrarse en su propia cuenta gratuita, visite zoom.us/signup e ingrese su dirección de correo electrónico. Recibirá un correo electrónico de Zoom (no[email protected]) . En este correo electrónico, haga clic en Activar cuenta. b. Si ha iniciado sesión en su cuenta, ingrese la ID de la reunión que figura en la Agenda del Ayuntamiento. Si no ha creado una cuenta, vaya a: https://zoom.us/join e ingrese la ID de la reunión

c. Seleccione si desea conectar audio y / o video y toque Unirse a la reunión. re. Para obtener instrucciones específicas para su dispositivo, vaya a: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting

2. Escuche solo por teléfono:
a. Marque el número que figura en la Agenda del Consejo. b. Cuando se le solicite, ingrese la ID de la reunión provista en la parte superior de la Agenda de la reunión del Concejo Municipal y presione #. No se requiere una identificación de participación.
c. Para desconectarse de la reunión, cuelgue el teléfono Formas de proporcionar comentarios públicos:

Mientras asiste a la reunión virtual del Ayuntamiento, el público tendrá la oportunidad de proporcionar comentarios públicos en vivo durante el Foro Público y después de cada tema de la agenda. Cuando sea el momento apropiado para comentarios públicos, el Alcalde abrirá verbalmente los comentarios públicos. En este momento, cada individuo tiene permitido 4 minutos parahablar.

1. Envíe un comentario público por adelantado a
[email protected]
La forma más fácil de proporcionar comentarios públicos es enviar su comentario público por correo electrónico. Los comentarios públicos pueden enviarse por correo electrónico a [email protected] en la línea de asunto "COMENTARIO AL CONSEJO y el PUNTO DEL PROGRAMA". Cualquier comentario público debe presentarse a más tardar 2 horas antes de la reunión programada y se incluirá como un archivo adjunto a la agenda. Todos los comentarios públicos se harán públicos y se adjuntarán al articulo de la agenda y no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda al día siguiente.
• 2. Proporcione comentarios a través de la reunión Zoom desde una computadora, tableta o teléfono inteligente
Esta opción permite que el público asista virtualmente a la reunión como un "asistente" silenciado sin capacidades de video o pantalla compartida. Podrá ver y escuchar a los participantes en la reunión, pero no podrán escucharlo hasta que el anfitrión de permisio.

Si desea proporcionar comentarios públicos durante un elemento específico de la agenda o durante un foro público, puede usar la función "levantar la mano" ubicada en el panel de control en la parte inferior de la pantalla. El icono es una pequeña mano azul. En Windows también puede usar el atajo de teclado Alt + Y para subir o bajar la mano. En Mac también puedes usar el atajo de teclado Alt + Y para subir o bajar lamano.

Se le notificará al anfitrión que ha levantado la mano y se lo colocará en fila con todas las solicitudes entrantes
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar. Para ser retirado de la fila, simplemente haga clic de nuevo el botón “levantar la mano”.

3. Llame a la reunión de ZOOM desde un teléfono fijo o móvil solamente

Esta opción le permite al miembro del público la oportunidad de participar verbalmente en comentarios públicos.

Si desea hablar durante el tiempo de comentarios públicos, marque * 9 en su teléfono.

Se le notificará al anfitrión que le gustaría hablar y se colocará en fila con todas las solicitudes entrantes.

Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar.

Puede presionar * 9 nuevamente si desea ser eliminado de la fila.

1 Cindy Tzafopoulos
From: Sandi Thompson <[email protected]>
Sent: Monday, February 14, 2022 9:14 AM
To: Cindy Tzafopoulos
Subject: [External] St. Helena Infrastructure Concerns
Cindy, please distribute to the Council Members ahead of next meeting.  Thank you, St. Helena City Council:

There has been plenty of discussion of infrastructure in St. Helena and more specifically the local roadways in disrepair.

It is worth noting that the Upvalley area has been working with the same trash company since the 1960s and it is common knowledge that garbage trucks are very taxing on city/county streets. It was not until last year that the garbage company started paying some franchise fees to the cities to help offset some of the wear and tear on our local roadways, but it is not retroactively.  An excerpt from a Press Democrat article, dated May 2011, (link below) sites the same challenges we are facing ‐ Garbage Trucks Weigh Heavily on Street Budgets: "An engineering analysis cited by the Bay Area Metropolitan Transportation Commission found a garbage truck puts more strain on a street than just about anything else, including a fully loaded transit bus, a semi‐truck hauling a single trailer, or a UPS delivery truck, said John Goodwin, an MTC spokesman."
On Whitehall Lane, UVDS vehicles, as well as their affiliates, have waged war on the street between CA‐29 and the entrance to the facility.  Has UVDS ever been assessed road use fees for any of the various permits the County has allowed them?  In addition, there is a section of South Whitehall that is private and where all residents pay their fair share of road use.  In contrast, Upper Valley Disposal Service, who uses the road commercially, has done nearly nothing to maintain this road or pay its fair share.

Ironically, St. Helena Council Member Eric Hall, who is relatively new to town and married to UVDS owner Christy Pestoni, is concerned about the condition of our roadways and related infrastructure.  Yet, in the past 60 years, his wife's garbage company had done nearly nothing to offset the impact their vehicles have had on our roadways, all the while reaping significant financial benefits from exclusive government contracts.

Now that the City of St. Helena is contemplating a bond related to needed underground infrastructure improvements, residents should consider the costs for years of impacts not offset by UVDS.  If we are looking at infrastructure failures, or room for improvement, it is important we take a comprehensive look, with no blind spots, and set aside how things have always done with and by this local garbage company.  We cannot afford a complacent status quo on this issue.

Garbage trucks weigh heavily on street budgets.  Garbage trucks weigh heavily on street budgets (pressdemocrat.com).

Sandi Thompson
1457 South Whitehall Lane
Agenda Item #5.1.

1 Cindy Tzafopoulos
From: Beth Gray <[email protected]>
Sent: Sunday, February 20, 2022 1:58 PM
To: Public Comment
Subject: [External] Definition of Zoning Ordinance
"Recommendation that the City Council adopt an Ordinance adding chapter 17.138 "Time‐Share Uses" and Sections

17.138.010‐17.138.060 to Title 17, Zoning of the St. Helena Municipal Code and deleting Section 17.112.130 of the St.

Helena Municipal Code. The proposed ordinance would update the City's regulations related to time‐share uses in residential districts and allow for time‐share uses as a conditional use in certain commercial districts." As a full time resident of Saint Helena, I strongly encourage the Planning commission to add the words of "fractional ownership" to any new ordinances as Pacaso has repeatedly violated the ordinance that simply refers to Timeshares under the guise that a timeshare is not fractional ownership which we all know is FALSE.

It's outrageous that Pacaso was able to infiltrate the city of Saint Helena and nothing has been done about it.  And why would allowing time‐share uses be beneficial in commercial districts? Respectfully,
Beth Gray
Agenda Item #5.1.

CITY OF ST. HELENA
Proclamation Declaring February 2022
As Black History Month In
The City of St. Helena
Whereas, Carter G. Woodson, known as the “Father of Black History,” developed Black History Month. Dr. Woodson, whose parents were enslaved, was an author, historian and the second African American to earn a Ph.D. at Harvard University; Whereas, Dr. Woodson stated: “Those who have no record of what their forebears have accomplished lose the inspiration which comes from the teaching of biography and history." In 1926, he proposed a national “Negro History Week," which was intended to showcase everything students learned about Black history throughout the school year; Whereas, Dr. Woodson chose the second week of February to coincide with the birthdays of Frederick Douglass, a famed abolitionist who escaped from slavery, and President Abraham Lincoln, who formally abolished slavery. In 1976, President Gerald Ford expanded the week into Black History Month, a federally recognized celebration of the contributions African Americans have made to this country; Whereas, our observance of Black History Month seeks to emphasize the countless contributions made by African-Americans to the fabric of our society, including, but not limited to, education, government, civil rights, religion, history, law, politics, science, literature, medicine, music, and the arts;
Whereas, as the President stands poised this year to nominate the first Black woman to the United States Supreme Court, we also look back with pride on last year’s selection of Kamala Harris as our first Black Vice President and Lloyd Austin as our first Black Secretary of Defense;
Whereas, throughout the month of February, we encourage conversations about slavery, the Civil War, Reconstruction, Jim Crow segregation and the fight for civil rights as we explore and face the truth of our past, reflect on the continued struggle for racial justice and equity in our country and draw inspiration and courage from the heroes who came before us.

Now, therefore, be it resolved, that I, Geoff Ellsworth, Mayor of the City of St. Helena, along with my fellow council colleagues, do hereby proclaim February 2022 as Black History Month in the City of St. Helena. I call upon all St. Helenans to honor the history made by Black Americans, to reflect on the centuries of struggle that have brought us to this time of reckoning, redemption and hope and to continue to fight for racial and social justice in our country and in our community.
____________________________
Geoff Ellsworth, Mayor
Agenda Item #7.1.

City of St. Helena
Agenda Item #7.1.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, February 8, 2022 @ 6:00 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall

Absent: None

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ADOPTION OF THE AGENDA

3.1 Council Member Anna Chouteau moved to adopt the agenda as amended moving item 12.1 from new business to be heard at the conclusion of consent.

The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

4. ROLL CALL

5. PUBLIC FORUM:

No public comment was received.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1 Service recognition of outgoing City Manager Mark Prestwich.

Agenda Item #9.1.

Regular City Council
February 8, 2022

8. STAFF BRIEFING

8.1 None

9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

9.1 Consideration and proposed approval of Special Meeting Minutes of January 24, 2022 and January 31, 2022 and Regular Meeting Minutes of January 25, 2022.

9.2 Consideration and Proposed Approval of a Resolution Authorizing the Ninth Tenth Amendment to Unrepresented Compensation Program Updating Section

11.4 Sick Leave Payout. (Staff report forthcoming Provided 2/7/22) CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:

Approval of the attached Resolution.

9.3 Consideration and proposed approval of a resolution approving Amendment No. 2 STH Contract: FY2021-083 with 4Leaf, Inc. in an amount of $3,000 for a total not-to-exceed amount of $62,890 for Water Regulation Code Enforcement and Outreach.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:

Approve the attached resolution.

9.4 Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.

CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:

Approve the Attached Resolution Making Findings and Determinations Under AB 361.

9.5 Consideration and proposed approval of a resolution approving Amendment No. 1 STH Contract: FY2021-066 with Accent on Language in an amount of $10,000 for a total not-to-exceed amount of $41,000 for interpretation services.

CEQA Determination: Not a CEQA project
Agenda Item #9.1.

Regular City Council
February 8, 2022
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Adopt the attached resolution.

Item 9.6 was removed from consent and will be heard after item 12.2.

9.6 Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report" , (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.

9.7 Consideration and Proposed Approval of a Resolution Authorizing: (1) A Permanent Loan to Our Town St. Helena (OTSH) in an amount of $250,000 for the Development of 963 Pope Street St. Helena; (2) Use of Measure E - Affordable Housing Trust Funds (Fund 752) for this Loan; and (3) the City Manager to Execute all Necessary Documents for this Loan.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:

Staff recommends approval of the attached resolution.

Council Member Anna Chouteau moved to approve items 9.1 through 9.5 and

9.7. The motion was seconded by Vice Mayor Paul Dohring and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

10. PUBLIC HEARINGS

10.1 Second reading and intention to adopt an ordinance amending the St. Helena Municipal Code Chapter 5.40 (Permits for Elder and/or Dependent Adult Caregivers) to transfer responsibility for managing the registration and background check process of individual caregivers from the County, except in special circumstances, to the California Department of Social Services (CDSS) via their Home Care Aide Registry.

Estimated start time: 6:40 p.m.

Agenda Item #9.1.

Regular City Council
February 8, 2022
CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:

Approve the second reading and adopt the ordinance by title only and waive further reading.

City Attorney Ethan Walsh reported on the item.

Mayor Ellsworth opened the public hearing.

No public was received.

Mayor Ellsworth closed the public hearing.

Council Member Lester Hardy moved to approve the second reading and adopt the ordinance by title only and waive further reading. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

10.2 Consideration and proposed adoption of the following:

1. Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and

2. Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project.
*This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022 and February 8, 2022, regular City Council meetings. This item is being continued again to the February 22, 2022 regular City Council meeting.

11. OLD BUSINESS

11.1 Consideration of a Resolution calling a Special Election on June 7, 2022 to consider changing the Office of Mayor from a directly elected office to an office appointed by the Council.

Agenda Item #9.1.

Regular City Council
February 8, 2022
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:

That the Council consider the enclosed resolution, and if desired, adopt the attached resolution to place the matter on the ballot for consideration by the voters of the City.

City Attorney Ethan Walsh reported on this item.

No public comment was received.

Council Member Lester Hardy moved to approve a resolution with the following amendments:

1. Update the approval year in the resolution from 2021 to 2022.

2. Section 3. Ballot Question to read and with the added measure letter:

Measure G:
“Starting November 8, 2022, shall the position of a directly elected mayor be eliminated, so that the St. Helena City Council is composed of five members who will select a member to be mayor?”

3. Section 1 of the Ordinance will be amended to include in section

2.08.010:

The first sentence to include after the wording "shall become appointed to the office" add "based on the criteria identified by the City Council. The City Council shall annually choose one of its members to act as the Mayor".

4. Direct staff to draft the impartial analysis to be completed by March 11, 2022 and to include the Measure letter G.

The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

12. NEW BUSINESS

12.1 This item was heard at the conclusion of consent.

Informational Update on Conceptual 1/4 Cent Countywide Wildfire Prevention and Suppression Transactions and Use Tax
Agenda Item #9.1.

Regular City Council
February 8, 2022
CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:

Receive and file.

12.2 Initiate Proceedings to Place a General Obligation Bond (GO Bond) Measure on the June 7, 2022 Ballot, by Adopting a Resolution of Necessity and Introducing an Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters
CEQA Determination: Exempt
Prepared By: April Mitts, Administrative Services Director Recommendation:
(1) Adopt the Resolution of Necessity for the General Obligation Bond and (2) Introduce the Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters
Finance Director April Mitts and City Manager Mark Prestwich reported on the item.

Alan Galbraith and Nancy Dirven addressed the City Council.

Council Member Anna Chouteau moved to adopt the Resolution of necessity for the General Obligation Bond and introduce the Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

9.6 Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report" , (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.

CEQA Determination: Exempt
Prepared By: April Mitts, Administrative Services Director Agenda Item #9.1.

Regular City Council
February 8, 2022
Recommendation:

Adopt the attached Resolution
Finance Director April Mitts reported on this item.

Alan Galbraith addressed the City Council.

It was the consensus of the City Council to bring the item back for further review on March 8, 2022.

12.3 Consideration and Proposed Approval of a Resolution Appointing James C.

McCann as Interim City Manager and approval of an Employment Agreement for an Interim City Manager (Staff report forthcoming Provided 2-7-22) CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:

Approve resolution.

City Manager Mark Prestwich reported on this item.

James McCann addressed the City Council.

Vice Mayor Paul Dohring moved to approve the resolution appointing James McCann as Interim City Manager. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:

13.1 February City Council Meetings:
2/8 (Staff reports due 1/21)
2/22 (Staff reports due 2/4)
Presentation
2/22 Presentation from Youth Representatives
CONSENT:
2/22 Professional Service Agreement for Water and Wastewater Rate Study
2/22 Quarterly Grant Report FY22 2nd Quarter
Agenda Item #9.1.

Regular City Council
February 8, 2022
PH or OLD / NEW BUSINESS:
2/8 Overview of General Plan Climate Action Initiatives Mills Lane
2/22 NB - 2nd Quarter Finance Report
2/22 NB - Review and Feedback of Scope for new Diversity, Equity and Inclusion Committee
2/22 OB - Review of General Plan Climate Action Implementing Actions

14. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:37 p.m.

The February 8, 2022 regular City Council meeting minutes were adopted at the February 22, 2022 regular City Council meeting.

APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

Report to the City Council
Regular City Council - 22 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution approving: (1) a temporary closure of Adams Street and
Library Lane from Friday, May 20, 2022, at 6:00 p.m. to Sunday, May 22, 2022, at 6:00 p.m.; and (2) authorizing possession of open alcoholic beverages on those public
streets for the Neighborhood Community Table Event
scheduled for Saturday, May 21, 2022, from approximately 5:00 p.m. to 9:00 p.m.

CEQA
Determination:

Categorically Exempt, Section 15323
Prepared By: Chantel Delay, Administrative Assistant
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: Mark T. Prestwich, City Manager

BACKGROUND
The St. Helena Hospital Foundation, Nimbus Arts, and the St. Helena Chamber of Commerce are planning the Neighborhood Community Table event to bring the community together in the spirit of health and connection. The Neighborhood Community Table Event is anticipated to continue to be an annual event.

The event will require a temporary closure of Adams Street, east of Library Lane to the dead end. The closure would occur from May 20, 2022, at 6:00 p.m. to May 22, 2022 at 6:00 p.m. with some local access to allow for set-up and tear down with the actual dinner taking place on May 21, 2022, from approximately 5:00 p.m. to 9:00 p.m. (Attachment 1).

The closure would allow for the event and authorization for possession of open alcoholic beverages on those public streets would be for the duration of the meal event only. The event organizers would be responsible for securing an ABC license for providing alcohol at the event.

Agenda Item #9.2.

DISCUSSION
The St. Helena Hospital Foundation will be taking the lead on communicating and coordinating with all adjacent businesses on the south side of Adams Street once an encroachment permit is approved to ensure alternate access for any commercial driveways affected by the road closure throughout the event.

The event will include large rentals such as executive restrooms, dining tables, and chairs that will begin setup on Friday evening and Saturday morning. There will be a barricade equivalent to K-rail that will prevent errant vehicles driving through the actual dinner event.

The event itself will be a family style dinner catered by Tre Posti and wine will be served.

While the ticket price has not been finalized yet, there will be two tiers in order to make the event accessible to the entire community. The clean-up and pick-up will be completed on Sunday, May 22, 2022 by 6:00 p.m. The event organizers will be utilizing their own staff and volunteers for the entirety of the event.

The event will require a permit from the Police Department if amplified music is being utilized and will require security should the gathering be planned for an excess of 250 people.

The event organizers will continue to coordinate and update City staff members from the Police and Public Works Departments and follow through with any additional requirements that staff may have for the actual event.

FISCAL IMPACT
None.

RECOMMENDED ACTION
Staff recommends approval of the attached resolution.

ATTACHMENTS
Attachment 1 - Encroachment Permit Application
Attachment 2 - Neighborhood Table Resolution
Agenda Item #9.2.

ENCROACHMENT PERMITAPPLICATION
PublioWoi1isDopIrii'nei'it ‘)1
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8t.Ha|om.CA94674
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For ltlona In urination, or Forms an Documents Please Vlslt the PublicWorks Website @ littp'//www cltyofstheleiiaorg/publlcworks Property and Work Description
Site Address. 999 Adams Street to 899 Adams Street
Related Building Permit Number Worl<IEventDescnption' The Neighborhood Table Community gathering and dining event -St Helena Hospital Foundation DIAGRAM OF PROPOSED ACTIVITVmuch additional slice! ilneccssary Es?mnhd Start Date B?mnhd Completion DatnM
Property Owner
owne, Name_ Cityof St Helena
Add,ess;148Main Street
C,,y.St.Helena S,a,e;CA zip 94574
Ema“cde|[email protected] phone #707-968-2658x 545
ContractorIAppIii:ant
companyName.St Helena Hospital Foundation Comm, Name_SusanM Duryea Contractor icense#' Expires.

City of St Helena Business License #' Expires:

Address
cw- State j__ zipEma":[email protected] phone ,,707-287-5176 7 Sn‘v<«+C/Loswc n\8lu§>
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May 201-20226pm ay 22-2022459"
All communication from our of?ce willbe made to this person via email Agenda Item #9.2.

Applicant Check Off List Permit fees are due at the time of application and are Incomplete submittals will not be accepted. Encroachment Permit applications are reviewed on a weekly basis. Please allow up to TWO (2) weeks for approval.

Check Off Major Check Off Minor
$500.00 fee paid $200.00 fee paid
Proof of Insurance Coverage Proof of Insurance Cov rag
Copy of CivilPlans for Related Building Permit Copy of Civil Plans for Relat :1Building Permit Traffic Control Plans Traf?c Control Plans
Site Plans Site Plans
USA Tag #
Conditions:

Standards Attached:

Street Supervisor Approval Signature:

Water Supervisor Approval Signature:

Minimum Insurance Requirements;
General Liability Major Permit 2 Million General Liabilityl4 million Aggregate Minor Permit 1 Million General Liabilitylz million Aggregate Auto Liability MajorIMinor Permit 2 Million or Greater per Accident, Bodily Injury or Property Damage Workers Comp MajorIMinor Permit 2 Million per Injury
Special Circumstances May Arise WhichCould Cause Changes to These Guidelines Attach Certi?cate of Insurance (COI) AND Endorsements
The language in the Description section (bottom middle) must state the following: “The City of St. Helena, its agents, ofiicers, officials, employees and volunteers" are named as additionally insured " Disclosure Statement
NOTICE: This application will expire in 180 days from the date of submission if the permit is not pursued In good faith. The permit will expire if work is not started in 180 days or if work is abandoned for more than 180 days. A request for an extension of time must be submitted, In writing, to the Public Works Department within 180 days of issuance, or 180 days from the last approvable inspection.

Permit fees are due at the time of application and are Incomplete submittals will not be accepted.

I CERTIFY THAT INTHE PERFORMANCE OF THE WORK FOR WHICH THE PERMIT IS ISSUED WILLADHERE TO THE CITYOF ST. HELENACITY STANDARDS.

I (We) agree to save, indemnify, and hold harmless the City of St. Helena, its Agents, Officers, Of?cials, Employees, and Volunteers against judgments, costs and expenses which may in any way accrue against said City in consequence of the granting oft '
Signature:

Cl Owner ‘q??nractor
C’ SK
Agenda Item #9.2.

GENERAL PERMIT REGULATIONS
NOTE: ALL REQUIRED DOCUMENTS MUST BE SUBMITTED PRIOR TO APPROVAL . Work done under this Permit shall be in accordance with the City Standards of the Department of Public Works, State of California, Division of Highways, the Municipal Code and speci?cations and the provisions enumerated herein.
. Applicants must obtain all other permits required by other public or private agencies or individuals necessary in order to perform the intended work. If this provision is not complied with, this Permit/Contract shall be null and void.
. Authorizations for any installation granted by virtue of this permit/contract are revocable at any time.
. Maintenance of the encroachment is strictly the responsibility of the Permittee. . Should construction, reconstruction or maintenance work on the highway be required, any installation authorized by this Permit shall, upon order of the Director of Public Works, be promptly removed or relocated by and at the expense of the Permittee. . The Permittee shall provide, erect and maintain all warning signs, lights, barriers or other devices necessary for the protection of the public.
. During work on city streets at least one 12-foot wide traf?c lane shall be open at all times unless otherwise speci?cally authorized.
. Existing drainage conditions must be provided for in every instance. Nothing contained herein shall be construed as relieving the Permittee of responsibility. . There shall be a minimum of thirty (30) inches of cover over all pipes or conduits installed except as may be speci?cally authorized by the Permit.

10.Permittee shall notify the Department of Public Works three (3) days prior to the commencement of any work authorized by this Permit.

11.lnsurance is required as set forth in the attached document.

12.The Permittee shall obtain a special permission from the Public Works Director if working or operating machinery outside the standard construction hours of 8:00 AM to 5:00 PM, or Sundays and Holidays.

City of 5! Helena Encmachmenl Permit
Agenda Item #9.2.

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Agenda Item #9.2.

City of St. Helena Public Works Department
Attention: Chantal Delay
St. Helena, Ca 94574
Neighborhood Community Table activity outline for Ma
The Neighborhood Table is presented by St. Helena H
Foundation to bring the community together in the spiri and connection, while bringing awareness to the Hospit
mission and animating downtown St. Helena. This project is a collaboration to highlight the work being done by dynamic eat and community visionaries who are committed to inves 'ng 'n each of us and our well being, so that we may heal and create most vital and connected lives.

We launched the first Neighborhood Table event on Ma
20l9. It was a big success and when tickets went on sal 2020 they sold out in 3 hours. Clearly our local commun strongly supports this event. While we did provide a cu dinner pickup at Tre Posti when our live event was post still received amazing support with the hope of the live returning on 2021. Unfortunately we had to postpone a
2021. We are excited to move forward and bring back t
on May 215‘, 2022.

On Behalf of the St. Helena Hospital Foundation we ap
your assistance with this event.

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St. HelenaHospital Foundation

BOARD OF DIRECTORS
DaphneAraujo, Chair
Pat Stotesbery, ViceChair
ElaineJones, Secretary
Jim Gamble, Treasurer
MichelleBaggett
Stacey Bressler, Emeritus
Karen Cakebread
William Cary
BlakeslevChappellet
Steven Fink
MichaelHonig
RickJones
Robin Lail
CarolLindstrom
Jillian Manus
ChuckMcMlnn, Emeritus
G-irolNorfleet
Deborah Novack
KathleenPatterson
Oscar Renterla
Andreas Sakopoulos, MD
EthanSchram, MD
Bob Trinchero, Emeritus
ElyseWalker
Joe Wender
Glen Newhart, MBA,CFRE
President & CEO
St. HelenaHospital Foundation
Steven Herber, MD
President
May 21, 2022
Downtown St. Helena
The Neighborhood Table benefits St. Helena Hospital Foundation, a 501(c)3 organizat' 10 Woodland Road,St. Helena, CA94574 - 707.963.6208 - Fax:707.967 5620 0 www.s oun a Ion.org S’ St Helena Hos ' - . plta Advennst Health? Foundation neighborhood table
Ion 0 Tax ID#20-1384250
January 11"‘,2022
The
Nmrislling Our Communil)
Agenda Item #9.2.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
APPROVING: (1) A TEMPORARY CLOSURE OF ADAMS STREET AND
LIBRARY LANE FROM FRIDAY, MAY 20, 2022, AT 6:00 P.M. TO SUNDAY, MAY 22, 2022, AT 6:00 P.M. FOR THE MAY 20, 2022, NEIGHBORHOOD COMMUNITY TABLE EVENT AND (2) AUTHORIZING

POSSESSION OF OPEN ALCOHOLIC BEVERAGES ON THOSE PUBLIC

STREETS FOR THE NEIGHBORHOOD COMMUNITY EVENT
SCHEDULED FOR SATURDAY, MAY 21, 2022, FROM APPROXIMATELY 5:00 P.M. TO 9:00 P.M.

RECITALS
A. The St. Helena Hospital Foundation, Nimbus Arts, and St. Helena Chamber of Commerce are planning the Neighborhood Community Table event to bring the community together in the spirit of health and connection;
B. The Neighborhood Community Table Event is anticipated to continue to be an annual event;
C. The St. Helena Public Works Department has requested temporary closure of Adams Street from East of Library Lane to the dead end of Adams Street for the event;
D. Closure of the City street in the area will provide space for event activities;
E. Vendors will request authorization to sell beer and/or wine at the event. St. Helena Municipal Code Section 9.04.010 authorizes the Council, by permit, to allow possession of open alcoholic beverages on public streets or any private or public off-street parking lot; F. Section 21101(e) of the California Vehicle Code provides the local authorities may, by resolutions, temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer of employee that the local authority designated by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing;
Agenda Item #9.2.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. The City Council finds that the benefits derived from the temporary closing of the City street for the Neighborhood Community Table Event outweigh the anticipated inconvenience to the neighborhood and citizens, and authorize closure of:
• Adams Street from East of Library Lane to the dead end of Adams Street from May 20, 2022 at 6:00 p.m. to May
22, 2022 at 6:00 p.m. with some local access to allow for set-up and tear down with the actual dinner taking place on May 21, 2022.

2. The possession of open container of beer and/or wine is permitted on public streets and parking lots encompassed by this event.

3. Temporarily closing a portion of the subject street is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

4. The City Manager is directed to provide reasonable levels of City staff support to accomplish closure of streets and related activities.

Approved at a Regular Meeting if the St. Helena City Council on February 22, 2022, by the following vote:

Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau : _____
Councilmember Koberstein: _____
Councilmember Knudsen: _____
APPROVED: ATTEST:
________________________
________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.2.

Report to the City Council
Regular City Council - 22 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: January 2022 Review and Forecasting of City Water Supply Availability
CEQA
Determination:

Exempt
Prepared By: Martin Beltran, Management Analyst
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: Mark T. Prestwich, City Manager

BACKGROUND
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from Napa Water. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.

On April 27, 2021, the City Council adopted an Urgency Ordinance updating the regulatory requirements for commercial, industrial, and institutional users due to the seasonal nature of their water use. Beginning in June 2021, the updated Phase II allocation for commercial, industrial, and institutional users is 10% less than that user’s average water use during the three preceding non-shortage years by month. For current calculations the following years are being used: 2017, 2018, and 2019. This baseline for determining allocations for commercial, industrial, and institutional users also applies in Phase III.

The Urgency Ordinance also updated the basis for which a Phase I, Phase II, or Phase III water emergency is determined from whether the City has sufficient volume of water to meet its needs through November 1st, to whether the City has sufficient volume to Agenda Item #9.3.

meet its needs through the subsequent May 1st, after making conservative assumptions regarding rainfall during the rainy season based on recent data. The change to the standard allows the City to take into account potentially very low rainfall during the rainy season, and less than full replenishment of the City’s water supply storage.

At the City Council meeting of July 27, 2021, the City Council requested City staff enhance the monthly water report to include a forecast of available water supply, consistent with the recently adopted Urgency Ordinance. This request is consistent with the City's Fiscal Year 2021-22 Council Goal to develop a Comprehensive Water Security Framework, and the recently developed Framework that includes a goal to "Maximize Conservation During Water Emergency" and subtask 1C to "provide customers with comparison of actual vs. projected water demand" as well as Framework Goal Improve Consumer Satisfaction and Confidence" and subtask 3C to "pursuant additional analytical tools to improve consumer confidence."

DISCUSSION
The City's Phase II Water Emergency underscores the importance of enhancing the City's analytical forecasting tools and public reports. In recent months, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability.

Included as Attachment 1 is the Monthly Water Report for January 2022. The water produced for January 2022 is up by 28% when compared to January 2021 and up by 39% when compared to the average of January 2017-2019. The storage in Bell Canyon graph (Attachment 2) shows the water availability forecast for Bell Canyon based on the highest water usage during non-drought year.

The City continues to experience a pump failure at Rutherford Pump Station and is working with the City of Napa to address low water pressure concerns. Operational challenges due to aged infrastructure has resulted in the City not being able to deliver water from City of Napa.

Water Produced or Delivered per Source
Source
Average (2018 -
2020)
(Acre-Feet)
January 2021
(Acre-Feet)
January 2022
(Acre-Feet)
Bell Canyon 41 74 74
Stonebridge Wells 4 15 40
Napa Water 37 0 0
Total 82 89 114
Percent change from average of January 2018 - 2020: 39% Percent change from January 2021: 28%

FISCAL IMPACT
Not applicable.

Agenda Item #9.3.

RECOMMENDED ACTION
Receive and file.

ATTACHMENTS
Attachment 1: Monthly Water Report, January 1-31, 2022
Attachment 2: Storage in Bell Canyon Graph, Jan 2022
Agenda Item #9.3.

CITY OF ST. HELENA

MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

74.24 24.19 0.00

65.0% 0.0%

37.20 MG MG

1.05 MG MG

0.26 MG MG

0.72 MG MG
% %
243.26 AF 30.9% 496.67 AF 44.5%

55.08 MG 137.66 MG
219.24 AF 27.9% 279.42 AF 25.1%

71.37 MG 90.93 MG
324.66 AF 41.2% 339.32 AF 30.4%

92.85 MG 105.75 MG
TOTAL WATER DELIVERY (ALL) 787.16 AF 100.0% 1115.41 AF 100.0%

0.00 0.00
420.89 FT. FT.
-1.39 FT. FT.
749.07 MG MG

96.4 % %

1.32 IN IN

23.36 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.

0.00 Januarry 1 - 31, 2022

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 39.71 0.000 0.21
AMOUNT PRODUCED in MG 12.94 0.000 0.07
PERCENT 34.8% 0.2%

WATER DELIVERY (AGGREGATE)
TOTAL DELIVERY THIS PERIOD 29.07
MAXIMUM DAILY DELIVERY 1.66
MINIMUM DAILY DELIVERY 0.11
AVERAGE DAILY DELIVERY 0.94

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 399.00
STONEBRIDGE APARTMENTS MG/Jan 1-31 0.00 MG/Jan 1-31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Jan 1-31 0.15 MG/Jan 1-31

TEMPERATURES
MONTHLY RISE OR DROP 1.51
CAPACITY AT END OF PERIOD 292.22
PERCENT OF FULL CAPACITY 37.6
RAINFALL IN THIS PERIOD 4.25
TOTAL RAINFALL SEASON TO DATE 8.95
THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 34-70 47-74
Updates will be provided if any errors are identified.

AVERAGE 52 60

REMARKS
City of Napa Water Delivery on Target: No. The City experienced a pump failure at Rutherford Pump Station and is working with the City of Napa to address low water pressure concerns.

Agenda Item #9.3.

Supply Level (Acre Feet)
2500
2250
2000
1750
1500
1250
1000
750
500
250
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) No more rainfall until next rain season
1788 Available Storage
1650 1623 1565 1508 1439 1366
1278
1190
1108 1071 1990 1118 1123 1115 1093 1036 962 889
800
712
631 593 613
596 Acre Feet*
596 596
Current Feb—22 Mar—22 Apr—22 May—22 Jun—22 Ju|—22 Aug—22 Sep-22 Oct-22 Nov—22 Dec—22 Jan—23 Feb—23 Mar—23 Apr—23 May—23 Jun—23 Ju|—23 Aug—23 Sep-23 Oct-23 Nov—23 Dec—23 *25% reserve for fire Date
Agenda Item #9.3.

Report to the City Council
Regular City Council - 22 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a Resolution Authorizing (1) the City Manager to execute Amendment No. 2 to STH Contract: FY2021-077 in the amount of $258,337, to the Professional Service Agreement with Operational Technical Services for temporary Wastewater Treatment Operators for a total amount not-to-exceed $459,250; (2) a Wastewater Fund budget increase of $258,337 to 571-5029-2130; and (3) use of Wastewater Operations Fund balance of $250,968; (4) the City Manager to execute Amendment No. 3 to STH Contract:

FY2021-048 in the amount of $562,614 to the Professional Service Agreement with Operational Technical Services for temporary Water Treatment Operators for a total amount notto-exceed $1,346,104; (5) a Water Fund budget increase of $562,614to 561-5034-2130; and (6) use of Water Operations Fund balance of $562,614
CEQA
Determination:

Not a CEQA project
Prepared By: Martin Beltran, Management Analyst
Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager

BACKGROUND
Wastewater Treatment Plant Staffing Agreement (STH FY2021-077) Due to a recent resignation, two of City's three positions at the Wastewater Treatment Plant (WWTP) are vacant. Similar to the WTP, the City needs assistance with temporary Wastewater Treatment Plant Operators to remain in compliance with the State Water Resources Control Board (SWRCB).

Agenda Item #9.4.

On April 27, 2021, the City and Operational Technical Services (OTS) entered into an initial agreement (STH FY2021-077) for OTS to provide temporary Wastewater Treatment Operator services with SWRCB Wastewater Treatment Grade 4 Certification or higher for an amount not-to-exceed $100,620 (Attachment 1).

On January 25, 2022, City Council approved Amendment No. 1 with OTS in the amount of $100,293 for a total amount not-to-exceed $200,913 to continue providing a temporary CPO and a temporary Plant Operator with the corresponding SWRCB certifications until a time when the positions are filled (Attachment 2).

Water Treatment Plant Staffing Agreement (STH FY2021-048) On January 26, 2021, the City and (OTS entered into an initial agreement in an amount not-to-exceed $25,000 (Attachment 3) to provide temporary staffing assistance for a vacancy in the City's Chief Water Plant Operator (CPO) position. At the time the initial agreement with OTS was signed, the City had two full-time plant operators and an active recruitment for the CPO. One plant operator had a T3 Certification and the other plant operator had a T2 Certification. Since the execution of the initial OTS agreement, it became necessary to increase the scope and contract amount with OTS due to the subsequent resignation of the City's T3 and T2 shift operators. The City currently has three approved, but vacant, positions at the Water Treatment Plant (WTP) which are under recruitment. The City needs assistance with temporary Water Treatment Plant Operators to remain in compliance with the State of California Water Resources Control Board until these positions are filled.

The temporary CPO oversees the water treatment facilities in accordance with the State of California Water Resources Control Board (SWRCB). The SWRCB requires the CPO possess a valid Grade 4 (T4) Water Treatment Operator Certification and all shift operators (WTO) are required to possess a valid Grade 3 (T3) Certification. OTS is able to provide the City with a temporary CPO who possess at least a Grade 4 SWRCB Water Treatment Operator Certification. Additionally, each temporary Senior WTO will possess a minimum SWRCB Grade 3 Water Treatment Certification.

On March 23, 2021, City Council approved Amendment No. 1 in the amount of $409,929.58 to STH Contract: FY2021-048 for a total not-to-exceed amount of $434,929.58 to allow OTS to continue to provide temporary Water Treatment Operators to the City (Attachment 4).

Since the approval of Amendment No. 1 on March 23, 2021, the City has incurred significant staffing costs due to unforeseen emergencies, required repair work due to aging equipment, and a continued need for interim staffing which has exceeded the current contract limit. Primary cost drivers include, but are not limited to:
• Due to the antiquated system, the current WTP SCADA system is experiencing alarm notifications approximately twice per week outside of business hours and more during extreme events. The alarm notifications require an operator to Agenda Item #9.4.

resolve the issue in person. This can, and has, occurred in the evenings and weekends which incurs overtime costs. Recent alarm notifications have been trigged by storm events, wind events, residual Glass Fire damage to systems, operation issues with the Rutherford Pump Station, and a conduit line which was damaged by a bird.
• The WTP required emergency repairs in response to the annual State of California mandated Sanitary Survey.
• Adding a temporary Senior Water Treatment Operator who has also been working on repairing mechanical, electrical, and communication failures. • Numerous equipment failures including, but not limited to: sludge collection mechanics, powdered activated carbon (PAC) feed system, permanganate building (since the Glass Fire), communication link to Bell Canyon Reservoir and water distribution storage and wells.
• Numerous pump failures due to aging equipment include water transmission pump, internal peristaltic pumps for chemical feed, and other pump equipment related to treatment systems.

As noted in the Wastewater summary above, the WTP also continues to face significant operational challenges in which OTS has fulfilled their professional obligation to meet State of California potable water regulations.

On January 25, 2022, City Council approved Amendment No. 2 in the amount of $348,561 to STH Contract: FY2021-048 for a total not-to-exceed amount of $783,491 (Attachment 5).

Both amendments approved on January 25, 2022 brought the OTS contracts current through the January 15, 2022 billing period.

DISCUSSION
As noted in the January 25, 2022 staff report, recognizing there is a continuous need to utilize OTS until all vacant positions are filled, staff has been working with OTS to prepare an additional amendment for temporary staffing through June 30, 2022. Additionally, staff is analyzing the current staffing model and anticipates bringing an alternate staffing concept to the City Council for consideration in the near term. The alternate staffing model is anticipated to bring greater efficiencies, recruit and retain staff, and eliminate the need for contract staffing.

NECESSARY AMENDMENTS FOR CURRENT OTS CONTRACTS
Wastewater Treatment Plant
The recommended amendment with OTS will continue to provide a temporary CPO and a temporary Plant Operator with the appropriate SWRCB Wastewater Treatment Certifications until the positions have been filled, or June 30, 2022, whichever comes first.

Table 1 provides a summary of the OTS contract with the additional amendment.

Agenda Item #9.4.

Table 1 - OTS Contract Summary for Wastewater Treatment Operators OTS Contract: STH Contract: FY2021-077 $100,620
Amendment #1 $100,293
Amendment #2 - Estimated for services through 6/30/22 $258,337 Total Contract Amount $459,250
Estimated Costs
Amendment No. 2 to the Professional Services Agreement is in the amount of $258,337 for an amount not-to-exceed $459,250. It is estimated Amendment No. 2 with OTS will provide services through June 30, 2022, if necessary. Use of Wastewater fund balance in the amount of $250,968 will be necessary for this amendment.

Water Treatment Plant
The recommended amendment with OTS will continue to provide a temporary CPO and three temporary Plant Operators with the appropriate SWRCB Water Treatment Certifications until the positions have been filled, or June 30, 2022, whichever comes first.

The City's current staffing model accounts for one CPO and two operators; however, due to the deficiencies in the current operating system OTS has recommended, and staff concurs, an additional operator is necessary at this time to maintain compliance with regulations.

Table 2 provides a summary of the OTS contract with the additional amendment.

Table 2 - OTS Contract Summary for Water Treatment Operators OTS Contract: STH Contract: FY2021-048 $25,000
Amendment #1 $409,930
Amendment #2 $348,561
Amendment #3 - Estimated for services through 6/30/22 $562,614 Total Contract Amount $1,346,105
Estimated Costs
Amendment No. 3 with OTS s in the amount of $562,614 for an amount not-to-exceed $1,346,105. It is estimated Amendment No. 3 with OTS will provide services through June 30, 2022, if necessary. Use of Water Fund balance in the amount of $562,614 will be necessary for this amendment.

FISCAL IMPACT
Wastewater Operators
Amendment No. 2 to STH Contract: FY2021-077 is in the amount of $258,337 for a total not-to-exceed amount of $459,250. Use of Wastewater Operations Fund balance is necessary in the amount of $250,968. After approval of the resolution, the estimated Wastewater Operations Fund balance is $3,863,178, or 119%. It is important to note this balance includes a $1.15 million settlement not yet transferred to the CIP fund. Once this Agenda Item #9.4.

transfer is complete the estimated net position will be 86%. Additionally, City Council provided direction for use of Wastewater Fund Balance for the completion of CIP S-52 - Wastewater Water Treatment Plant Upgrade. Direction provided by Council authorized the use of fund balance so long as reserves remained above 25%. Staff will continue to monitor the fund balance.

Water Operators
Amendment No. 3 to STH Contract: FY2021-048 is in the amount of $561,614 for a total amount not-to-exceed $1,346,105. Use of Water Operations Fund balance is necessary in the amount of $562,614. After approval of the resolution, the estimated Water Operations Fund balance is $3,565,583, or 46%.

RECOMMENDED ACTION
Staff recommends adoption of the attached resolution.

ATTACHMENTS
Attachment 1 - STH Contract FY2021-077 OTS WWTP
Attachment 2 - STH Contract FY2021-077-01A OTS WWTP
Attachment 3 - STH Contract FY2021-048 Operational Technical Services Attachment 4 - STH Contract FY2021-048-01A OTS
Attachment 5 - STH Contract FY2021-048-02A OTS WTP Operators Attachment 6 - STH Contract FY2021-077-02A OTS WWTP
Attachment 7 - STH Contract FY2021-048-03A OTS WTP Operators Attachment 8 - Resolution
Agenda Item #9.4.

Operational Technical Services WWTP 042721

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2021 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Operational Technical Services (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Temporary Wastewater Treatment Chief Plant Operator with SWRCB Wastewater Treatment Grade 4 Certification or better.

B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Task Order No. #00” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Task Order No. #006”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Task Order No. #006” attached hereto and made a part hereof. Total compensation shall not exceed $100,620 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include Agenda Item #9.4.

Operational Technical Services WWTP 042721
the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice.

If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.

B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

SECTION 7 – INSURANCE REQUIRED
Agenda Item #9.4.

Operational Technical Services WWTP 042721
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

Agenda Item #9.4.

Operational Technical Services WWTP 042721
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.

H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.

J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out Agenda Item #9.4.

Operational Technical Services WWTP 042721
of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of this Agreement.

SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by Agenda Item #9.4.

Operational Technical Services WWTP 042721
contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
Agenda Item #9.4.

Operational Technical Services WWTP 042721
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

Agenda Item #9.4.

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However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Agenda Item #9.4.

Operational Technical Services WWTP 042721
Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

Agenda Item #9.4.

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C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.

B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first class mail, addressed as follows:

To City:

To Consultant:

City Manager
1572 Railroad Avenue
St. Helena, California 94574
Operational Technical Services
David Sibelman
10&RQVWHOODWLRQ%OYG., Ste 3-1
Los Angeles, CA 900
[email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
Agenda Item #9.4.

Operational Technical Services WWTP 042721
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

Agenda Item #9.4.

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SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #9.4.

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This Agreement is subject to the following special provisions: none.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.

Consultant: City:

By: ________________________________ By: ________________________ Name: ______________________________ Name: Mark T. Prestwich Title:________________________________ Title: City Manager Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
ultant:
_________________________
e: David S Sibelman
Chief Operations Officer
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067

TASK ORDER
TASK ORDER NO. # 006 JOB NAME: Wastewater Treatment CPO

OTS INFORMATION
NAME: Operational Technical Services, LLC
ADDDRESS: 10&RQVWHOODWLRQ%OYG
Suite 03-1
Los Angeles, CA 900
CONTACT: David Sibelman, Chief Operations Officer
PHONE: (424) 203-6352
EMAIL: [email protected]
THIS TASK ORDER is issued pursuant to that certain Agreement for Temporary Services by Independent On-Call Contract between City of St. Helena (“Client”) and Operational Technical Services, LLC, also known as OTS dated [DATE].

1. Project Name or Description: Wastewater Treatment Chief Plant Operator

2. Premises: The Client’s business premises is located at 1572 Railroad Ave, St Helena, CA 94574 shall be defined as the “Premises”

3. Reporting Supervisor Name/Role: Clayton Church – Public Works Director

4. Duration of Services:

Start Date/Time: TBD
End Date: TBD
Work Schedule: TBD

5. Scope of Services:

Client seeks to obtain the services of OTS to provide a temporary Wastewater Treatment Chief Plant Operator with a SWRCB Wastewater Treatment Grade 4 Certification or better to perform the following duties:

Under direction, supervises, evaluates, plans, and participates in the day-to-day operations and mechanical maintenance and repairs of the City’s wastewater treatment plant and facilities; oversees processing and water quality laboratory testing; assists in the preparation and administration of the division budget; evaluates and trains assigned staff; interfaces with and coordinates assigned functions with other City services and departments; represents plant operations with government regulatory agencies; ensures safe work practices, work quality, and accuracy; and performs related duties as assigned.

The Chief Plant Operator – Wastewater Treatment is a supervisory level class within Public Works responsible for assigning and supervising the day-to-day operation, development, repair, and maintenance of the City’s wastewater treatment facilities, and incumbents are expected to perform the full scope of assigned duties. This classification is distinguished from the next higher Exhibit A Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067 classification of Public Works Director in that the latter is responsible for the overall management and administration of the Utilities Division.

SUPERVISION RECEIVED/EXERCISED:

Receives direction from the Public Works Director. Exercises direct and indirect supervision over assigned staff.

ESSENTIAL FUNCTIONS:
x Accepts administrative responsibility for the activities, operations, and services of the Wastewater Division in providing quality treatment service for the City; plans, supervises, prioritizes, monitors, and participates in the work of staff responsible for the maintenance and operation of the wastewater treatment plant and related collection system; ensures compliance with state, federal, and local mandates for water quality; makes plant operation modifications as needed; provides monthly/annual reports to state, federal, and local authorities.
x Supervises and performs tasks related to the maintenance, repair, and construction of wastewater treatment plant facilities, lift stations, equipment, and related control systems; inspects the maintenance and repair of equipment for quality, compliance with applicable standards, and proper operation.
x Oversees laboratory analysis programs for wastewater, sludge, and effluent and is responsible for operating and systems modification based on test results. x Prepares a variety of water quality and industrial waste reports for regulatory agencies and internal operations; conducts regular inspections to identify maintenance and repair needs; schedules, plans, and supervises the installation, maintenance, and repair of mechanical and electrical systems.
x Evaluates and recommends the best use of supplies, materials, and equipment; requisitions, inventories, and supervises the use of all materials, supplies, and equipment used in the operation and maintenance of wastewater facilities; ensures that mechanical equipment receives proper lubrication, overhauling, and inspection; ensures proper calibration of pneumatic instruments; performs plant operation and maintenance assignments, as necessary.
x Evaluates staffing requirements and utilization of staff; supervises, evaluates, trains, and motivates assigned staff; develops and directs staff safety training programs; oversees safety of assigned staff and monitors work in progress; schedules staff work assignments. x Assists the Public Works Director with operating and capital improvement budgets; analyzes annual operating costs and makes recommendations for budget development and improvements in operating costs; administers and monitors the approved budget; prepares project cost estimates and analysis.
x Attends and participates in organizational and community meetings as necessary; stays current on issues relative to wastewater treatment technologies; responds to and resolves community and organizational inquiries and complaints regarding treatment system operations; represents the City’s wastewater treatment functions in public relations activities and with regulatory agencies; establishes and maintains a customer service orientation within the division.

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067 x Enforces rules, regulations, policies, and procedures relating to the operation of the wastewater treatment system and waste discharge requirements prescribed in all applicable sections of the Clean Water Act and California Water Code. x Performs standby duties for water and wastewater treatment facilities on a routinely scheduled basis.
x Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

WORKING CONDITIONS:

Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, crawling, and making repetitive hand movement in the performance of daily duties. The position also requires near and far vision when inspecting work and performing maintenance on assigned equipment. The position requires the ability to lift, carry, and push tools, equipment, and supplies weighing 25 pounds or more. Additionally, the incumbent in this position may be exposed to biohazards and a variety of working conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes, dust, and air contaminants. The nature of the work also requires the incumbent to climb ladders and work in confined spaces. The incumbent may be required to respond to emergency callouts and perform routine standby duties.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Chief Utility Operator – Wastewater Treatment. A typical way of obtaining the required qualifications is to possess the equivalent of four years of experience in the operation, mechanical maintenance, and repair of a wastewater treatment facility, at least two of which were while in possession of a Grade II Wastewater Treatment Plant Operator certificate, and possession of a high school diploma or equivalent with 24 continuing education units needed to renew certification.

License/Certificate:
x Possession of, or ability to obtain, a valid Class C California driver's license. x Possession of a Grade III Certification as a Wastewater Plant Operator from the California State Water Quality Control Board.

KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067 Knowledge of:

Modern principles, practices, and techniques of wastewater treatment plant operations, quality assurance, process controls, and systems maintenance; testing methods and procedures, including qualitative and quantitative analysis; principles and practices of wastewater collection; design, planning, and development of wastewater treatment facilities; cost, time, and materials estimating; principles and practices of bacteriological and sampling techniques and mathematical analysis; methods and techniques of supervision, training, and motivation; applicable federal, state, and local laws, codes, and regulations, including those governing wastewater treatment, quality monitoring and control; methods and techniques of scheduling work assignments; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices. office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:

Plan, organize, and supervise the operation of a wastewater treatment plant and associated collection systems; ensure equipment is maintained appropriately; accurately supervise and perform water quality laboratory testing and analysis; ensure chemical and bacteriological laboratory tests are conducted in accordance with mandates; analyze and interpret laboratory tests and make modifications to wastewater treatment plant operations as required; read and interpret plant operations equipment; maintain accurate and updated logs, records, and reports; prepare and submit comprehensive and mandated reports; perform plant operation and maintenance assignments; represent the City’s wastewater treatment functions with other governmental agencies and community groups; plan, organize, train, evaluate, and direct work of assigned staff; interpret, explain, and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow- up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work.

Skill to:

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications; safely and effectively operate the tools and equipment used in the operation and maintenance of wastewater treatment facilities.

6. Break Requirement:

California law requires that within an 8 hour shift the Operator is entitled to a 30-minute break. This lunch break may be waived by mutual consent of both the Client and the Operator. If the Operator works over 10 hours in one day, they are entitled to a second lunch break of 30 min. The second meal period may not be waived if the first period is waived, however either meal period can be counted as work hours and compensated for at the normal Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067 hourly rate.

EXHIBIT A

FEE SCHEDULE
Included Insurance Included Services
භ $1M Per Occurrence / $2M Aggregate Unencumbered
Commercial General Liability
භ Certified Payroll and Compliance Services
භ 1M Commercial Auto Insurance; Non-Owner Vehicle භ Operator Offered Paid Health Insurance භ $5M Professional Liability භ Meals (per diem) on Travel Assignments භ $4M Umbrella Liability Coverage භ Travel Costs (Flight, Mileage and Housing) භ $1M Worker’s Compensation භ Required Safety PPE
භ $5M Commercial Pollution Control Liability භ Health and Safety Medical Screening OTS Fee Schedule
Wastewater Treatment Chief Plant
Operator
Regular Rate + Travel Cost
$130.00 Per Hour
***Proposed 4 Months or 18 weeks budget for Wastewater Treatment Chief Plant Operator*** (WW Treatment CPO would have to work 6 hours On-Call Standby Time every other week) Weekly Cost Reg Billing On-Call Standby
Billing
TOTAL
9 Weeks W/O On-Call
Standby Time
$5,200.00 $46,800.00
9 Weeks W/ On-Call
Standby Time
$5,200.00 $780.00 $53,820.00
TOTAL 18 Weeks $100,620.00
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to convert the OTS Temporary Employee to be a permanent Employee. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 800 straight time hours, or approximately 20 weeks, on assignment.

Number of Hours on
OTS Payroll
Percent (%) of Employee’s
Initial Salary
1 – 400 Hours 25%
401 – 600 Hours 20%
601 – 800 Hours 15%
801+ Hours No Fee
Overtime:

Workweeks are defined as 5 days @ 8 hours per day. Overtime hours, according to the State of California, are defined as any work in excess of eight (8) hours in one normal workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek. These overtime hours shall be compensated at the rate of no less than one and one-half (1.5) times the regular rate of pay. If Operator works more than 12 hours in any workday or works any time in excess of eight hours on the seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
භ Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off days), time will be compensated as two (2) regular hours of time. භ Activated On-Call: if OTS’s Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate amount of hours to constitute overtime.

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 3-115 Los Angeles, CA 90067 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For Operational Technical Services, LLC: For Client: City of St. Helena David S Sibelman
Printed Name Printed Name
Chief Operations Officer
Title Title
Signature Signature
Date Date
0DUN73UHVWZLFK
&LW\0DQDJHU
ure
4/21/2021
Agenda Item #9.4.

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-077 FOR TEMPORARY WASTEWATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $100,293 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $200,913.

This First Amendment to Professional Services Agreement STH Contract: 2021-077 dated April 27, 2021 ("Agreement") is made as of this day of , 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On April 27, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Wastewater Treatment Chief Plant Operator with SWRCB Wastewater Treatment Grade 4 Certification or higher; and
B. While the City is recruiting for permanent Wastewater Treatment Plant operators, the City needs assistance in the interim basis with temporary Wastewater Treatment Plant operators until a time when the vacant positions are filled; and
C. The Agreement’s current compensation does not include the funds for an additional temporary Wastewater Treatment Operator with SWRCB Certification; and D. The additional funding is necessary to allow Operational Technical Services to continue to provide temporary Wastewater Treatment Operators to the City; and E. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 1. Basic Services
Parties agree to amend Section 1, “Basic Services” of the Agreement to provide additional services, as outlined in Exhibit A, “Scope of Work” attached hereto.

2. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $200,913…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

Agenda Item #9.4.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: Mark T. Prestwich
Title: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
ATTEST:

City Clerk
Agenda Item #9.4.

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2021 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Operational Technical Services (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Temporary Water Treatment Operators with SWRCB Certification.

B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Task Order No. #001” and “Task Order No. #002” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Task Order No. #001” and “Task Order No. #002”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Task Order No. #001” and “Task Order No. #002” attached hereto and made a part hereof. Total compensation shall not exceed $25,000 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #9.4.

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and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.

B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

Agenda Item #9.4.

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SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

Agenda Item #9.4.

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F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.

H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.

J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) Agenda Item #9.4.

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(collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of this Agreement.

Agenda Item #9.4.

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SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Agenda Item #9.4.

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Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery Agenda Item #9.4.

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request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
Agenda Item #9.4.

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A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, Agenda Item #9.4.

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internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.

B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first class mail, addressed as follows:

To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Operational Technical Services
David Sibelman
10585 Santa Monica Blvd., Ste 3-144B
Los Angeles, CA 90025
[email protected]
Agenda Item #9.4.

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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 24 – SUCCESSORS AND ASSIGNS
Agenda Item #9.4.

Operational Technical Services 011821
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

Agenda Item #9.4.

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025

TASK ORDER
TASK ORDER NO. # 001 JOB NAME: Temporary Sr. Water Treatment Operators

OTS INFORMATION
NAME: Operational Technical Services, LLC
ADDDRESS: 10585 Santa Monica Blvd
Suite 03-144B
Los Angeles, CA 90025
CONTACT: David Sibelman, Chief Operations Officer
PHONE: (424) 203-6352
EMAIL: [email protected]
THIS TASK ORDER is issued pursuant to that certain Agreement for Temporary Services by Independent On-Call Contract between City of St. Helena (“Client”) and Operational Technical Services, LLC, also known as OTS dated [DATE].

1. Project Name or Description: Temporary Sr. Water Treatment Operator

2. Premises: The Client’s business premises is located at1572 Railroad Ave, St Helena, CA 94574 shall be defined as the “Premises”

3. Reporting Supervisor Name/Role: TBD

4. Duration of Services:

Start Date/Time: TBD
End Date: TBD
Work Schedule: TBD

5. Scope of Services:

Client seeks to obtain the services of OTS to provide multiple Temporary Sr. Water Treatment Operators. Each of the Temporary Sr. Water Treatment Operators will possess a minimum of a SWRCB Grade 4 Water Treatment or better certification.

According to the Professional Services Agreement between OTS and the Client, any Temporary Sr. Water Treatment Plant Operator that are provided to the Client shall be treated a consultant and not considered an employee of the Client.

The following essential functions will be required of the Temporary Sr. Water Treatment Plant Operators:

ESSENTIAL FUNCTIONS:

Exhibit A Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 • Operates, monitors, and maintains all plant equipment and components, including but not limited to pumps, valves, plumbing, gearboxes, fans, blowers, aerators, and flow controls; reads and interprets meters, gauges, and charts; maintains and upgrades mechanical and electrical systems.
• Conducts regular on-site inspections of plant operations making appropriate adjustment to process controls, ensuring that operational problems are identified and corrected; ensures that plants are operating within safety standards established by federal, state, and local laws, ordinances, and regulations; provides training and supervision for less experienced personnel, as necessary.
• Performs basic and skilled water pollution control laboratory testing and analysis; takes samples and coordinates detailed testing with outside laboratories; adheres to quality assurance programs for laboratory analysis and instrumentation; prepares and updates reports, including records and logs in compliance with state and federal mandates for reporting.
• Performs maintenance and construction work as directed on the water treatment system and related facilities; maintains plant facilities and grounds in a safe, clean, and orderly condition; loads and unloads equipment and materials.
• Must maintain a positive working relationship with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

QUALIFICATIONS:
• Must have a minimum of 3+ years of Water Treat Plant Operator Experience • Must possess a valid State of California SWRCB Grade 4 Water Treatment Operator Certification or better.

KNOWLEDGE & ABILITIES
Knowledge of:
• Modern principles, practices, and techniques of water treatment plant operations • Repair, maintenance, and adjustment procedures for treatment plant equipment and controls Basic principles, practices, and methods of laboratory testing procedures • Operational characteristics of the tools used in maintenance of stationary power equipment, pumping systems, and electrical systems, general maintenance, and repair work
• Laboratory safety standards and programs
• Methods and techniques of supervision, training, and motivation; applicable federal, state, and local laws, codes, and regulations related to water quality and control; methods and techniques of scheduling work assignments
• Methods and techniques for record keeping and report preparation and writing • Occupational hazards and standard safety practices
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
• Learn to perform and perform maintenance and operations of a water plant and related facilities.
• Collect a variety of samples for laboratory tests and conduct water testing and analysis
• Maintain accurate records and prepare comprehensive reports; perform plant operation and maintenance assignments
• Respond to afterhours callouts as assigned
• Must be apply to applicable laws, codes, and regulations • Read, Interpret, and record data accurately
• Organize, prioritize, and follow- up on work assignments • Work independently and as part of a team
• Make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response.
• Follow written and oral directions.
• Observe safety principles and work in a safe manner
• Communicate clearly and concisely, both orally and in writing • Establish and maintain effective working relationships with those contacted in the course of work.

6. Break Requirement:

California law requires that within an 8 hour shift the Operator is entitled to a 30-minute break. This lunch break may be waived by mutual consent of both the Client and the Operator. If the Operator works over 10 hours in one day they are entitled to a second lunch break of 30 min. The second meal period may not be waived if the first period is waived, however either meal period can be counted as work hours and compensated for at the normal hourly rate.

EXHIBIT A

FEE SCHEDULE
Included Insurance Included Services
● $1M Per Occurrence / $2M Aggregate Unencumbered
Commercial General Liability
● Certified Payroll and Compliance Services
● 1M Commercial Auto Insurance; Non-Owner Vehicle ● Operator Offered Paid Health Insurance ● $5M Professional Liability ● Meals (per diem) on Travel Assignments ● $4M Umbrella Liability Coverage ● Travel Costs (Flight, Mileage and Housing) ● $1M Worker’s Compensation ● Required Safety PPE
● $5M Commercial Pollution Control Liability ● Health and Safety Medical Screening Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 OTS Fee Schedule
Temporary Sr. Water Treatment
Operators
Local Regular Rate: $95.00/hr
Travel Regular Rate: $117.20/hr

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to convert the OTS Temporary Employee to be a permanent Employee. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 800 straight time hours, or approximately 20 weeks, on assignment.

Number of Hours on
OTS Payroll
Percent (%) of Employee’s
Initial Salary
1 – 400 Hours 20%
401 – 600 Hours 15%
601 – 800 Hours 10%
801+ Hours No Fee
Overtime:

Workweeks are defined as 5 days @ 8 hours per day. Overtime hours, according to the State of California, are defined as any work in excess of eight (8) hours in one normal workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek. These overtime hours shall be compensated at the rate of no less than one and one-half (1.5) times the regular rate of pay. If Operator works more than 12 hours in any workday or works any time in excess of eight hours on the seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate. Client will be billed overtime for any hours worked on a recognized holiday.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
● Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 days), time will be compensated as two (2) regular hours of time. ● Activated On-Call: if OTS’s Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate amount of hours to constitute overtime.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For Operational Technical Services, LLC: For Client: City of St. Helena David S Sibelman
Printed Name Printed Name
Chief Operations Officer
Title Title
Signature Signature
Date Date
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025

TASK ORDER
TASK ORDER NO. # 002 JOB NAME: Temporary Water Treatment Chief Plant Operator

OTS INFORMATION
NAME: Operational Technical Services, LLC
ADDDRESS: 10585 Santa Monica Blvd
Suite 03-144B
Los Angeles, CA 90025
CONTACT: David Sibelman, Chief Operations Officer
PHONE: (424) 203-6352
EMAIL: [email protected]
THIS TASK ORDER is issued pursuant to that certain Agreement for Temporary Services by Independent On-Call Contract between City of St. Helena (“Client”) and Operational Technical Services, LLC, also known as OTS dated [DATE].

1. Project Name or Description: OTS Temporary Water Treatment Chief Plant Operator

2. Premises: The Client’s business premises is located at1572 Railroad Ave, St Helena, CA 94574 shall be defined as the “Premises”

3. Reporting Supervisor Name/Role: TBD

4. Duration of Services:

Start Date/Time: TBD
End Date: TBD
Work Schedule: TBD

5. Scope of Services:

Client seeks to obtain the services of OTS to provide a Temporary Chief Plant Operator to supervise over their water treatment facilities. According to the State of California State Water Resource Control Board (SWRCB) the Chief Plant Operator is required to possess a valid Grade 3 Water Treatment Operator Certification. The SWRCB requires the Chief Plant Operator Certification to remain valid and be posted at the Client’s water treatment plant. OTS will provide the Client with a Temporary Chief Plant Operator who possess at least a Grade 4 SWRCB Water Treatment Operator Certification.

According to the Professional Services Agreement between OTS and the Client, the Temporary Chief Plant Operator shall be treated as a consultant and not considered an employee of the Client. That be said per state regulations the OTS Temporary Chief Plant Operator can oversee the full operation of the Client’s water system which include their water treatment plant.

The following essential functions will be required of the Temporary Chief Plant Operator:

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 ESSENTIAL FUNCTIONS:
• Accepts administrative responsibility for the activities, operations, and services of the Water Treatment Division in providing a safe and reliable water supply for the City • Plans, supervises, prioritizes, monitors, and participates in the work of staff responsible for the maintenance and operation of the water treatment plant and related production/storage systems; ensures compliance with state, federal, and local mandates for water quality
• Makes plant operation modifications as needed.
• Supervises and performs tasks related to the maintenance, repair, and construction of water production and treatment plant facilities, wells, reservoirs, tanks, equipment, and related control systems; inspects the maintenance and repair of equipment for quality, compliance with applicable standards, and proper operation. • Oversees laboratory analysis programs for untreated and treated water samples and is responsible for operating and systems modification based on test results; implements the lead and copper program; supervises and participates in the monitoring of water quality instruments and chlorination to ensure compliance with state and federal requirements. • Prepares a variety of water quality and water use reports for regulatory agencies and internal operations; acts as the liaison to the public on water quality issues; conducts regular inspections to identify maintenance and repair needs; schedules, plans, and supervises the installation, maintenance, and repair of mechanical and electrical systems. • Evaluates and recommends the best use of supplies, materials, and equipment; requisitions, inventories, and supervises the use of all materials, supplies, and equipment used in the operation and maintenance of water production facilities; collaborates with the Utilities Operations Manager on the flushing of the distribution system; supervises the taking of well soundings; utilizes automatic and manual control systems to regulate the flow of water and chemical feed rates to ensure optimum safety and efficiency; performs plant operation and maintenance assignments, as necessary. • Evaluates staffing requirements and utilization of staff; supervises, evaluates, trains, and motivates assigned staff; develops and directs staff safety training programs; oversees safety of assigned staff and monitors work in progress; schedules staff work assignments. • Assists the Public Works Director with operating and capital improvement budgets; analyzes annual operating costs and makes recommendations for budget development and improvements in operating costs; administers and monitors the approved budget; prepares project cost estimates and analysis.
• Attends and participates in organizational and community meetings, as necessary; stays current on issues relative to water production and treatment technologies; responds to and resolves community and organizational inquiries and complaints related to treatment system operations; represents the City's water production functions in public relations activities and with regulatory agencies; establishes and maintains a customer service orientation within the division.

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 • Performs standby duties for water and wastewater treatment facilities on a routinely scheduled basis.
• Enforces rules, regulations, policies, and procedures relating to the operation of the water treatment system and waste discharge requirements prescribed in all applicable sections of the Clean Water Act and the California Water Code.
• Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

Education and/or Experience:
• Must have a minimum of 3+ years as Chief Plant Operator of a similar water treatment plant • Must have a minimum of 5+ years of water treatment operator experience • Must have a high school degree or equivalency
License/Certificate:
• Possession of a Grade IV Certification as a Water Treatment Plant Operator from the SWRCB
Knowledge of:
• Modern principles, practices, and techniques of water treatment plant operations • Repair, maintenance, and adjustment procedures for treatment plant equipment and controls Basic principles, practices, and methods of laboratory testing procedures • Operational characteristics of the tools used in maintenance of stationary power equipment, pumping systems, and electrical systems, general maintenance, and repair work
• Laboratory safety standards and programs
• Methods and techniques of supervision, training, and motivation; applicable federal, state, and local laws, codes, and regulations related to water quality and control; methods and techniques of scheduling work assignments
• Methods and techniques for record keeping and report preparation and writing • Occupational hazards and standard safety practices
• Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
• Learn to perform and perform maintenance and operations of a water plant and related facilities.
• Collect a variety of samples for laboratory tests and conduct water testing and analysis
• Maintain accurate records and prepare comprehensive reports; perform plant operation and maintenance assignments
• Respond to afterhours callouts as assigned
• Must be apply to applicable laws, codes, and regulations Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 • Read, Interpret, and record data accurately
• Organize, prioritize, and follow- up on work assignments • Work independently and as part of a team
• Make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response.
• Follow written and oral directions.
• Observe safety principles and work in a safe manner
• Communicate clearly and concisely, both orally and in writing • Establish and maintain effective working relationships with those contacted in the course of work.

6. Break Requirement:

California law requires that within an 8 hour shift the Operator is entitled to a 30-minute break. This lunch break may be waived by mutual consent of both the Client and the Operator. If the Operator works over 10 hours in one day they are entitled to a second lunch break of 30 min. The second meal period may not be waived if the first period is waived, however either meal period can be counted as work hours and compensated for at the normal hourly rate.

EXHIBIT A

FEE SCHEDULE
Included Insurance Included Services
● $1M Per Occurrence / $2M Aggregate Unencumbered
Commercial General Liability
● Certified Payroll and Compliance Services
● 1M Commercial Auto Insurance; Non-Owner Vehicle ● Operator Offered Paid Health Insurance ● $5M Professional Liability ● Meals (per diem) on Travel Assignments ● $4M Umbrella Liability Coverage ● Travel Costs (Flight, Mileage and Housing) ● $1M Worker’s Compensation ● Required Safety PPE
● $5M Commercial Pollution Control Liability ● Health and Safety Medical Screening OTS Fee Schedule
Temporary Water Treatment Chief Plant
Operator
Local Regular Rate: $105.00/hr
Travel Regular Rate: $127.20/hr

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to convert the OTS Temporary Employee to be a permanent Employee. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 800 straight time hours, or approximately 20 weeks, on assignment.

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 Number of Hours on
OTS Payroll
Percent (%) of Employee’s
Initial Salary
1 – 400 Hours 20%
401 – 600 Hours 15%
601 – 800 Hours 10%
801+ Hours No Fee
Overtime:

Workweeks are defined as 5 days @ 8 hours per day. Overtime hours, according to the State of California, are defined as any work in excess of eight (8) hours in one normal workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek. These overtime hours shall be compensated at the rate of no less than one and one-half (1.5) times the regular rate of pay. If Operator works more than 12 hours in any workday or works any time in excess of eight hours on the seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate. Client will be billed overtime for any hours worked on a recognized holiday.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
● Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off days), time will be compensated as two (2) regular hours of time. ● Activated On-Call: if OTS’s Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate amount of hours to constitute overtime.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For Operational Technical Services, LLC: For Client: City of St. Helena David S Sibelman
Printed Name Printed Name

Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 Chief Operations Officer
Title Title
Signature Signature
Date Date
Agenda Item #9.4.

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-048 FOR TEMPORARY WATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $409,929.58 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $434,929.58.

This First Amendment to Professional Services Agreement STH Contract: 2021-048 dated January 26, 2021 ("Agreement") is made as of this day of , 2021 by and between the City of St. Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On January 26, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Water Treatment Operators with SWRCB Certification; and
B. While the City is recruiting for permanent Water Treatment Plant operators, the City needs assistance in the interim basis with temporary Water Treatment Plant operators until a time when the vacant positions are filled; and
C. The Agreement’s current Scope of Services does not include the funds or the additional work for additional professional services associated with temporary Water Treatment Operators with SWRCB Certification; and
D. The additional funding is necessary to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and E. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 1. Basic Services
Parties agree to amend Section 1, “Basic Services” of the Agreement to provide additional services, as outlined in Exhibit A, “Scope of Work” attached hereto.

2. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $434,929.58…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.
23 March







 







STH Contract FY2021-048-01A
Agenda Item #9.4.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: Mark T. Prestwich
Title: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
ATTEST:

City Clerk
Attachments:

Exhibit A: “Scope of Services”
Exhibit B: “Compensation”







 





















Mark T.

Prestwich
Digitally signed by Mark
T. Prestwich
Date: 2021.10.27
14:19:03 -07'00'
Digitally signed by: ethan.
[email protected]
DN: CN = [email protected]
Date: 2021.10.27 11:05:51 -07'00'
ethan.
[email protected]
Cindy
Tzafopoulos
Digitally signed by Cindy
Tzafopoulos
Date: 2021.10.28
14:18:40 -07'00'
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025

TASK ORDER
TASK ORDER NO. # 001 JOB NAME: Temporary Sr. Water Treatment Operators

OTS INFORMATION
NAME: Operational Technical Services, LLC
ADDDRESS: 10585 Santa Monica Blvd
Suite 03-144B
Los Angeles, CA 90025
CONTACT: David Sibelman, Chief Operations Officer
PHONE: (424) 203-6352
EMAIL: [email protected]
THIS TASK ORDER is issued pursuant to that certain Agreement for Temporary Services by Independent On-Call Contract between City of St. Helena (“Client”) and Operational Technical Services, LLC, also known as OTS dated [DATE].

1. Project Name or Description: Temporary Sr. Water Treatment Operator

2. Premises: The Client’s business premises is located at1572 Railroad Ave, St Helena, CA 94574 shall be defined as the “Premises”

3. Reporting Supervisor Name/Role: TBD

4. Duration of Services:

Start Date/Time: TBD
End Date: TBD
Work Schedule: TBD

5. Scope of Services:

Client seeks to obtain the services of OTS to provide multiple Temporary Sr. Water Treatment Operators. Each of the Temporary Sr. Water Treatment Operators will possess a minimum of a SWRCB Grade 4 Water Treatment or better certification.

According to the Professional Services Agreement between OTS and the Client, any Temporary Sr. Water Treatment Plant Operator that are provided to the Client shall be treated a consultant and not considered an employee of the Client.

The following essential functions will be required of the Temporary Sr. Water Treatment Plant Operators:

ESSENTIAL FUNCTIONS:

Exhibit A
“Scope of Services”
[DATE].







 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 x Operates, monitors, and maintains all plant equipment and components, including but not limited to pumps, valves, plumbing, gearboxes, fans, blowers, aerators, and flow controls; reads and interprets meters, gauges, and charts; maintains and upgrades mechanical and electrical systems.
x Conducts regular on-site inspections of plant operations making appropriate adjustment to process controls, ensuring that operational problems are identified and corrected; ensures that plants are operating within safety standards established by federal, state, and local laws, ordinances, and regulations; provides training and supervision for less experienced personnel, as necessary.
x Performs basic and skilled water pollution control laboratory testing and analysis; takes samples and coordinates detailed testing with outside laboratories; adheres to quality assurance programs for laboratory analysis and instrumentation; prepares and updates reports, including records and logs in compliance with state and federal mandates for reporting.
x Performs maintenance and construction work as directed on the water treatment system and related facilities; maintains plant facilities and grounds in a safe, clean, and orderly condition; loads and unloads equipment and materials.
x Must maintain a positive working relationship with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

QUALIFICATIONS:
x Must have a minimum of 3+ years of Water Treat Plant Operator Experience x Must possess a valid State of California SWRCB Grade 4 Water Treatment Operator Certification or better.

KNOWLEDGE & ABILITIES
Knowledge of:
x Modern principles, practices, and techniques of water treatment plant operations x Repair, maintenance, and adjustment procedures for treatment plant equipment and controls Basic principles, practices, and methods of laboratory testing procedures x Operational characteristics of the tools used in maintenance of stationary power equipment, pumping systems, and electrical systems, general maintenance, and repair work
x Laboratory safety standards and programs
x Methods and techniques of supervision, training, and motivation; applicable federal, state, and local laws, codes, and regulations related to water quality and control; methods and techniques of scheduling work assignments
x Methods and techniques for record keeping and report preparation and writing x Occupational hazards and standard safety practices







 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 x Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
x Learn to perform and perform maintenance and operations of a water plant and related facilities.
x Collect a variety of samples for laboratory tests and conduct water testing and analysis
x Maintain accurate records and prepare comprehensive reports; perform plant operation and maintenance assignments
x Respond to afterhours callouts as assigned
x Must be apply to applicable laws, codes, and regulations x Read, Interpret, and record data accurately
x Organize, prioritize, and follow- up on work assignments x Work independently and as part of a team
x Make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response.
x Follow written and oral directions.
x Observe safety principles and work in a safe manner
x Communicate clearly and concisely, both orally and in writing x Establish and maintain effective working relationships with those contacted in the course of work.

6. Break Requirement:

California law requires that within an 8 hour shift the Operator is entitled to a 30-minute break. This lunch break may be waived by mutual consent of both the Client and the Operator. If the Operator works over 10 hours in one day they are entitled to a second lunch break of 30 min. The second meal period may not be waived if the first period is waived, however either meal period can be counted as work hours and compensated for at the normal hourly rate.

EXHIBIT A

FEE SCHEDULE
Included Insurance Included Services
භ $1M Per Occurrence / $2M Aggregate Unencumbered
Commercial General Liability
භ Certified Payroll and Compliance Services
භ 1M Commercial Auto Insurance; Non-Owner Vehicle භ Operator Offered Paid Health Insurance භ $5M Professional Liability භ Meals (per diem) on Travel Assignments භ $4M Umbrella Liability Coverage භ Travel Costs (Flight, Mileage and Housing) භ $1M Worker’s Compensation භ Required Safety PPE
භ $5M Commercial Pollution Control Liability භ Health and Safety Medical Screening 






 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 OTS Fee Schedule
Temporary Sr. Water Treatment
Operators
Local Regular Rate: $95.00/hr
Travel Regular Rate: $117.20/hr

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to convert the OTS Temporary Employee to be a permanent Employee. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 800 straight time hours, or approximately 20 weeks, on assignment.

Number of Hours on
OTS Payroll
Percent (%) of Employee’s
Initial Salary
1 – 400 Hours 20%
401 – 600 Hours 15%
601 – 800 Hours 10%
801+ Hours No Fee
Overtime:

Workweeks are defined as 5 days @ 8 hours per day. Overtime hours, according to the State of California, are defined as any work in excess of eight (8) hours in one normal workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek. These overtime hours shall be compensated at the rate of no less than one and one-half (1.5) times the regular rate of pay. If Operator works more than 12 hours in any workday or works any time in excess of eight hours on the seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate. Client will be billed overtime for any hours worked on a recognized holiday.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
භ Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off 






 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 days), time will be compensated as two (2) regular hours of time. භ Activated On-Call: if OTS’s Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate amount of hours to constitute overtime.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For Operational Technical Services, LLC: For Client: City of St. Helena David S Sibelman
Printed Name Printed Name
Chief Operations Officer
Title Title
Signature Signature
Date Date







 







Mark T. Prestwich Digitally signed by Mark T. Prestwich Date: 2021.10.27 14:03:45 -07'00'
Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025

TASK ORDER
TASK ORDER NO. # 002 JOB NAME: Temporary Water Treatment Chief Plant Operator

OTS INFORMATION
NAME: Operational Technical Services, LLC
ADDDRESS: 10585 Santa Monica Blvd
Suite 03-144B
Los Angeles, CA 90025
CONTACT: David Sibelman, Chief Operations Officer
PHONE: (424) 203-6352
EMAIL: [email protected]
THIS TASK ORDER is issued pursuant to that certain Agreement for Temporary Services by Independent On-Call Contract between City of St. Helena (“Client”) and Operational Technical Services, LLC, also known as OTS dated [DATE].

1. Project Name or Description: OTS Temporary Water Treatment Chief Plant Operator

2. Premises: The Client’s business premises is located at1572 Railroad Ave, St Helena, CA 94574 shall be defined as the “Premises”

3. Reporting Supervisor Name/Role: TBD

4. Duration of Services:

Start Date/Time: TBD
End Date: TBD
Work Schedule: TBD

5. Scope of Services:

Client seeks to obtain the services of OTS to provide a Temporary Chief Plant Operator to supervise over their water treatment facilities. According to the State of California State Water Resource Control Board (SWRCB) the Chief Plant Operator is required to possess a valid Grade 3 Water Treatment Operator Certification. The SWRCB requires the Chief Plant Operator Certification to remain valid and be posted at the Client’s water treatment plant. OTS will provide the Client with a Temporary Chief Plant Operator who possess at least a Grade 4 SWRCB Water Treatment Operator Certification.

According to the Professional Services Agreement between OTS and the Client, the Temporary Chief Plant Operator shall be treated as a consultant and not considered an employee of the Client. That be said per state regulations the OTS Temporary Chief Plant Operator can oversee the full operation of the Client’s water system which include their water treatment plant.

The following essential functions will be required of the Temporary Chief Plant Operator:







 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 ESSENTIAL FUNCTIONS:
x Accepts administrative responsibility for the activities, operations, and services of the Water Treatment Division in providing a safe and reliable water supply for the City x Plans, supervises, prioritizes, monitors, and participates in the work of staff responsible for the maintenance and operation of the water treatment plant and related production/storage systems; ensures compliance with state, federal, and local mandates for water quality
x Makes plant operation modifications as needed.
x Supervises and performs tasks related to the maintenance, repair, and construction of water production and treatment plant facilities, wells, reservoirs, tanks, equipment, and related control systems; inspects the maintenance and repair of equipment for quality, compliance with applicable standards, and proper operation. x Oversees laboratory analysis programs for untreated and treated water samples and is responsible for operating and systems modification based on test results; implements the lead and copper program; supervises and participates in the monitoring of water quality instruments and chlorination to ensure compliance with state and federal requirements. x Prepares a variety of water quality and water use reports for regulatory agencies and internal operations; acts as the liaison to the public on water quality issues; conducts regular inspections to identify maintenance and repair needs; schedules, plans, and supervises the installation, maintenance, and repair of mechanical and electrical systems. x Evaluates and recommends the best use of supplies, materials, and equipment; requisitions, inventories, and supervises the use of all materials, supplies, and equipment used in the operation and maintenance of water production facilities; collaborates with the Utilities Operations Manager on the flushing of the distribution system; supervises the taking of well soundings; utilizes automatic and manual control systems to regulate the flow of water and chemical feed rates to ensure optimum safety and efficiency; performs plant operation and maintenance assignments, as necessary. x Evaluates staffing requirements and utilization of staff; supervises, evaluates, trains, and motivates assigned staff; develops and directs staff safety training programs; oversees safety of assigned staff and monitors work in progress; schedules staff work assignments. x Assists the Public Works Director with operating and capital improvement budgets; analyzes annual operating costs and makes recommendations for budget development and improvements in operating costs; administers and monitors the approved budget; prepares project cost estimates and analysis.
x Attends and participates in organizational and community meetings, as necessary; stays current on issues relative to water production and treatment technologies; responds to and resolves community and organizational inquiries and complaints related to treatment system operations; represents the City's water production functions in public relations activities and with regulatory agencies; establishes and maintains a customer service orientation within the division.







 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 x Performs standby duties for water and wastewater treatment facilities on a routinely scheduled basis.
x Enforces rules, regulations, policies, and procedures relating to the operation of the water treatment system and waste discharge requirements prescribed in all applicable sections of the Clean Water Act and the California Water Code.
x Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

Education and/or Experience:
x Must have a minimum of 3+ years as Chief Plant Operator of a similar water treatment plant x Must have a minimum of 5+ years of water treatment operator experience x Must have a high school degree or equivalency
License/Certificate:
x Possession of a Grade IV Certification as a Water Treatment Plant Operator from the SWRCB
Knowledge of:
x Modern principles, practices, and techniques of water treatment plant operations x Repair, maintenance, and adjustment procedures for treatment plant equipment and controls Basic principles, practices, and methods of laboratory testing procedures x Operational characteristics of the tools used in maintenance of stationary power equipment, pumping systems, and electrical systems, general maintenance, and repair work
x Laboratory safety standards and programs
x Methods and techniques of supervision, training, and motivation; applicable federal, state, and local laws, codes, and regulations related to water quality and control; methods and techniques of scheduling work assignments
x Methods and techniques for record keeping and report preparation and writing x Occupational hazards and standard safety practices
x Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
x Learn to perform and perform maintenance and operations of a water plant and related facilities.
x Collect a variety of samples for laboratory tests and conduct water testing and analysis
x Maintain accurate records and prepare comprehensive reports; perform plant operation and maintenance assignments
x Respond to afterhours callouts as assigned
x Must be apply to applicable laws, codes, and regulations 






 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 x Read, Interpret, and record data accurately
x Organize, prioritize, and follow- up on work assignments x Work independently and as part of a team
x Make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response.
x Follow written and oral directions.
x Observe safety principles and work in a safe manner
x Communicate clearly and concisely, both orally and in writing x Establish and maintain effective working relationships with those contacted in the course of work.

6. Break Requirement:

California law requires that within an 8 hour shift the Operator is entitled to a 30-minute break. This lunch break may be waived by mutual consent of both the Client and the Operator. If the Operator works over 10 hours in one day they are entitled to a second lunch break of 30 min. The second meal period may not be waived if the first period is waived, however either meal period can be counted as work hours and compensated for at the normal hourly rate.

EXHIBIT A

FEE SCHEDULE
Included Insurance Included Services
භ $1M Per Occurrence / $2M Aggregate Unencumbered
Commercial General Liability
භ Certified Payroll and Compliance Services
භ 1M Commercial Auto Insurance; Non-Owner Vehicle භ Operator Offered Paid Health Insurance භ $5M Professional Liability භ Meals (per diem) on Travel Assignments භ $4M Umbrella Liability Coverage භ Travel Costs (Flight, Mileage and Housing) භ $1M Worker’s Compensation භ Required Safety PPE
භ $5M Commercial Pollution Control Liability භ Health and Safety Medical Screening OTS Fee Schedule
Temporary Water Treatment Chief Plant
Operator
Local Regular Rate: $105.00/hr
Travel Regular Rate: $127.20/hr

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to convert the OTS Temporary Employee to be a permanent Employee. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 800 straight time hours, or approximately 20 weeks, on assignment. 






 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 Number of Hours on
OTS Payroll
Percent (%) of Employee’s
Initial Salary
1 – 400 Hours 20%
401 – 600 Hours 15%
601 – 800 Hours 10%
801+ Hours No Fee
Overtime:

Workweeks are defined as 5 days @ 8 hours per day. Overtime hours, according to the State of California, are defined as any work in excess of eight (8) hours in one normal workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek. These overtime hours shall be compensated at the rate of no less than one and one-half (1.5) times the regular rate of pay. If Operator works more than 12 hours in any workday or works any time in excess of eight hours on the seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate. Client will be billed overtime for any hours worked on a recognized holiday.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
භ Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off days), time will be compensated as two (2) regular hours of time. භ Activated On-Call: if OTS’s Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate amount of hours to constitute overtime.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For Operational Technical Services, LLC: For Client: City of St. Helena David S Sibelman
Printed Name Printed Name







 







Agenda Item #9.4.

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10585 Santa Monica Blvd, Ste 03-144B Los Angeles, CA 90025 Chief Operations Officer
Title Title
Signature Signature
Date Date







 







Agenda Item #9.4.

Exhibit B
“Compensation”
The total additional budget requested is $409,929.58, for a new total amount not to exceed of $434,929.58. All work will be performed in accordance with the professional services agreement between the City and OTS. A summary of the estimated budget is shown in the charts below:

Reg Time Over Time Double Time
CPO $ 127.20 $ 169.18 $ 190.80
Sr. Op. 1 $ 125.20 $ 166.52 $ 187.80
Sr. Op. 2 $ 117.20 $ 155.88 $ 175.80
Regular Weeks Overtime Weeks Total Weeks
CPO 17 9 26
Sr. Op. 1 18 8 26
Sr. Op. 2 17 9 26
Billing Regular Weeks Billing Overtime Weeks Billing Total CPO $ 86,496.00 $ 54,927.50 $ 141,423.50
Sr. Op. 1 $ 90,144.00 $ 48,056.77 $ 138,200.77
Sr. Op. 2 $ 79,696.00 $ 50,609.30 $ 130,305.30
TOTAL $ 409,929.58
The estimated fee for Amendment No. 1 is $409,929.58.

Original Contract $25,000
Amendment #1 $409,929.58
_______________________________
Total $434,929.58







 







Agenda Item #9.4.

AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-048 FOR TEMPORARY WATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $348,561 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $783,491.

This Second Amendment to Professional Services Agreement STH Contract: 2021-048 dated January 26, 2021 ("Agreement") is made as of this day of , 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On January 26, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Water Treatment Operators with SWRCB Certification; and
B. On March 23, 2021, City Council approved Amendment No. 1 in the amount of $409,929.58 to STH Contract: FY2021-048 to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
C. The City currently has three approved, but vacant, positions at the Water Treatment Plant and while the City is recruiting for permanent Water Treatment Plant operators, the City needs assistance in the interim basis until a time when the vacant positions are filled; and D. Additional funding is necessary to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
E. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $783,491…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

Agenda Item #9.4.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: Mark T. Prestwich
Title: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
ATTEST:

City Clerk
Agenda Item #9.4.

AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-077 FOR TEMPORARY WASTEWATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $258,337 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $459,250.

This Second Amendment to Professional Services Agreement STH Contract: 2021-077 dated April 27, 2021 ("Agreement") is made as of this day of , 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On April 27, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Wastewater Treatment Chief Plant Operator with SWRCB Wastewater Treatment Grade 4 Certification or higher; and
B. The Wastewater Treatment Plant continues to face operational challenges in which OTS has fulfilled their professional obligation to meet State of California wastewater regulations; and C. While the City is recruiting for permanent Wastewater Treatment Plant operators, the City continues to need assistance in the interim basis with temporary Wastewater Treatment Plant operators until a time when the vacant positions are filled; and D. The Agreement’s current compensation does not include the funds for an additional temporary Wastewater Treatment Operator with SWRCB Certification; and E. The additional funding is necessary to allow Operational Technical Services to continue to provide temporary Wastewater Treatment Operators to the City; and F. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $459,250…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

Agenda Item #9.4.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: James McCann
Title: Interim City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
ATTEST:

City Clerk
Agenda Item #9.4.

AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-048 FOR TEMPORARY WATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $562,614 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,346,105
This Third Amendment to Professional Services Agreement STH Contract: 2021-048 dated January 26, 2021 ("Agreement") is made as of this day of , 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On January 26, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Water Treatment Operators with SWRCB Certification; and
B. On March 23, 2021, City Council approved Amendment No. 1 in the amount of $409,929.58 to STH Contract: FY2021-048 to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
C. Since the approval of Amendment No. 1 on March 23, 2021, the City has incurred significant staffing costs due to unforeseen emergencies, required repair work due to again equipment, and a continued need for interim staffing which exceeded the current contract limit; and D. On January 25, 2022, City Council approved Amendment No. 2 in the amount of $348,561 to STH Contract: FY2021-048 to bring the contract within its contract limits; and E. The City currently has three approved, but vacant, positions at the Water Treatment Plant and while the City is recruiting for permanent Water Treatment Plant operators, the City has a continued need in the interim basis until a time when the vacant positions are filled; and F. Additional funding is necessary to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
G. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $1,346,104…”
All other terms of the Agreement shall remain in full force and effect.

Agenda Item #9.4.

Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: James McCann
Title: Interim City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
ATTEST:

City Clerk
Agenda Item #9.4.

CITY OF ST. HELENA
RESOLUTION NO. 2022 -
A Resolution of the City of St. Helena City Council Authorizing:
(1) the City Manager to execute Amendment No. 2 to STH
Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount
of $258,337 for a total amount not-to-exceed $459,250; (2) a Wastewater Fund budget increase of $258,337 to 571-5029- 2020; (3) use of Wastewater Operations fund balance of
$250,968; (4) the City Manager to execute Amendment No. 3 to STH Contract: FY2021-048 with Operational Technical
Services for temporary Water Treatment Operators in the amount of $562,314 for a total amount not-toexceed $1,346,104; (5) a Water Fund budget increase of $562,314 to 561-5034-2020; and (6) use of Water Operations Fund balance of $562,314.

RECITALS
A. The City currently has three approved, but vacant, positions at the Water Treatment Plant; and
B. The City currently has three approved, but vacant, positions at the Wastewater Treatment Plant; and
C. To remain in compliance with the State of California State Water Resource Control Board (SWRCB) it is necessary to have water treatment and wastewater treatment operators who possess certain minimum certifications specific to each type of treatment plant; and
D. On April 27, 2021, the City and Operational Technical Services entered into an agreement for OTS to provide Temporary Wastewater Treatment Operators with SWRCB Wastewater Treatment Grade 4 Certification or higher for an amount not-toexceed $100,620 and on January 25, 2022, City Council approved Amendment No. 1 in the amount of $100,293 for a total not-to-exceed amount of $200,913; and E. On January 26, 2021, the City and Operational Technical Services entered into an agreement for OTS to provide Temporary Water Treatment Operators with SWRCB Certification for the Water Treatment Plant, on March 23, 2021, City Council approved Amendment No. 1 in the amount of $409,929.58 to STH Contract: FY2021- 048, and on January 25, 2022, City Council approved Amendment No. 2 in the amount of $348,561 for a total not-to-exceed amount of $783,491; and Agenda Item #9.4.

F. The amendments to both agreements has allowed Operational Technical Services to continue to provide temporary Wastewater and Water Treatment Operators to the City; and
G. While the City is recruiting for permanent Water and Wastewater Treatment Plant operators, the City needs assistance in the interim basis for both plants; and H. Due to unforeseen emergency circumstances and staffing shortages, significant staffing costs have been incurred primarily in Water Treatment Plant operations; and I. The City and consultant desire to amend STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $258,337 for a total amount not-to-exceed $459,250; and J. The City and consultant desire to amend STH Contract: FY2021- 048 with Operational Technical Services for temporary Water Treatment Operators in the amount of $562,614 for a total amount not-to-exceed $1,346,105; and
K. It is estimated both amendments will allow OTS to remain at both plants until the positions are filled or June 30, 2022, whichever is first.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorize the City Manager to execute Amendment No. 2 to STH Contract: FY2021- 077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $258,337 for a total amount not-to-exceed $459,250; and

2. Authorize a Wastewater Fund budget increase of $258,337 to 571-5029-2020; and

3. Authorize use of Wastewater Fund Balance in the amount of $250,968; and

4. Authorize the City Manager to execute Amendment No. 3 to STH Contract: FY2021- 048 with Operational Technical Services for temporary Water Treatment Operators in the amount of $562,614 for a total amount not-to-exceed $1,346,105; and

5. Authorize a Water Fund budget increase of $562,314 to 561-5034-2020; and

6. Authorize use of Water Operations Fund balance of $562,314.

Approved at a Regular Meeting of the St. Helena City Council on February 22, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Agenda Item #9.4.

Councilmember Hardy: __________
Councilmember Chouteau: __________
Councilmember Hall: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.4.

Report to the City Council
Regular City Council - 22 Feb 2022
Agenda Section: OLD BUSINESS
Subject: Place a General Obligation Bond (GO Bond) Measure on the June 7, 2022 Ballot by Holding a Second Reading and
Adopting an Ordinance Ordering the Submission of a
Proposition to Incur Bonded Indebtedness to the Voters and a Resolution Consolidating the Measure
CEQA
Determination:

Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Reviewed By: Mark T. Prestwich, City Manager
Approved By: Mark T. Prestwich, City Manager

BACKGROUND
As discussed at prior public meetings of the City Council, including most recently on January 24, 2022, January 31, 2022, and February 8, 2022, the City has approximately $19,150,000 of critical infrastructure projects for its utility systems that need funding sources. A general obligation bond measure, if approved by the voters, would authorize the City to levy an ad valorem property tax on taxable property in the City to generate funds sufficient to pay the debt service on bonds issued for this purpose. Various approvals are necessary before the City could issue a general obligation bond, including 2/3 approval of the voters in the City.

The City Council took the first steps to place a General Obligation Bond measure on the June 7, 2022 ballot at its last meeting by (1) adopting a Resolution of Necessity for General Obligation Bond, and (2) introducing an Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters. The next steps in the process can be undertaken on February 22, 2022.

DISCUSSION
Agenda Item #11.1.

St. Helena faces a very serious water crisis that affects the future water security of all residents. California’s extended drought impacts the whole state, but our community has water insecurity as extreme as anyone’s, due to the age of our infrastructure and the scarcity of water sources. Many of the unfunded CIP projects relate to 1940’s era water infrastructure. Repairs and upgrades are essential to securing our water future.

A general obligation bond measure could raise up to $19,150,000 to fund critical infrastructure projects for the City’s aging drinking water, sewage, recycled water and stormwater systems in order to protect water quality and supply, improve drought resilience, keep sewage, pollution, trash and chemicals out of local rivers and creeks, and otherwise protect safe, sustainable local water sources.

Funds could only be spent on projects within the City limits. Some needed water system improvements are outside City limits, and in those cases, costs must be shared by ratepayers who are outside the City limits.

The projects are set forth in more detail in the Ordinance.

The steps required to have a general obligation bond approved are as follows:

1. City Council to adopt a Resolution of Necessity, setting forth the City Council’s finding that issuing general obligation bonds is necessary to pay for municipal improvement projects (must be adopted by 2/3 vote of City Council). This occurred on February 8, 2022.

2. City Council to introduce, and at a subsequent regular meeting adopt, an Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters, setting forth the objects and purposes of the general obligation bond, the maximum principal amount and interest rate that may apply to the bond and bond election provisions (must be adopted by 2/3 vote of City Council). The Ordinance was introduced on February 8, 2022, and is scheduled for adoption on February 22, 2022.

3. City Council to adopt a Resolution Placing Bond Measure on Ballot, directing the Napa County Registrar of Voters to add the General Obligation Bond measure to the June 7, 2022 state-wide election ballot, and approving a tax rate statement and bond election-related deadlines.

4. Bond Election held on June 7, 2022, at which the qualified voters within the City vote on the bond measure (measure must be approved by 2/3 of votes cast).

Assuming a successful bond election in June 2022, the City would be authorized to issue up to $19,150,000 of General Obligation Bonds payable solely from ad valorem property taxes levied on taxable property in the City. Thereafter, the City’s financing team (including Del Rio Advisors, LLC, as municipal advisor, and Jones Hall, as bond counsel Agenda Item #11.1.

and disclosure counsel) would prepare the financing documents necessary to obtain a rating on the bonds and then market and sell the bonds to investors.

If $19,150,000 of general obligation bonds were approved by the voters, it is currently contemplated that three separate series of 30-year bonds would be issued, so that bond proceeds would be available as needed for projects. As shown in the materials presented to the City Council on January 31, 2022, given current interest rates (plus a buffer for future uncertainty), issuance of $19,150,000 of bonds would result in an average ad valorem tax rate of approximately $14.82 per $100,000 of assessed valuation.

FISCAL IMPACT
As indicated in the staff report for the February 8, 2022 meeting, staff anticipates the cost of preparing the legal documents and financial analyses necessary to place the General Obligation Bond measure on the June 7, 2022 ballot is $30,000 (for municipal advisor and bond counsel). In addition, the estimated cost for the ballot measure to be considered at the June 7, 2022 Statewide Direct Primary Election is between $35,000 to $50,000. If the election is successful and bonds are issued, some of these costs may be paid from the proceeds of the bonds, instead of the General Fund.

If the bond measure is approved by the voters and bonds are issued, the costs of issuing the bonds would be paid from bond proceeds and all debt service payable on the bonds would be payable from the dedicated ad valorem property tax. There would be no General Fund impact.

RECOMMENDED ACTION
(1) Approve the Second Reading and Adopt the Ordinance by Title Only and Waive Further Reading Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters, and (2) Adopt the Resolution Placing the Measure on the June 7, 2022 Ballot, Requesting Consolidation and Setting Procedural Details

ATTACHMENTS
Attachment 1 - Ordinance Ordering Bond Measure Submitted to the Voters Attachment 2 - Resolution Consolidating GO Bond Measure Attachment 3 - Tax Rate Statement
Agenda Item #11.1.

CITY OF ST. HELENA
ORDINANCE NO. _____________

AN ORDINANCE ORDERING THE SUBMISSION OF A PROPOSITION INCURRING BONDED INDEBTEDNESS TO THE QUALIFIED VOTERS OF THE CITY OF ST.

HELENA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION,

CONSTRUCTION AND IMPROVEMENT OF CERTAIN MUNICIPAL IMPROVEMENT

PROJECTS
The City Council (the “City Council”) of the City of St. Helena (the “City”) hereby ordains as follows:

SECTION 1. PURPOSE AND INTENT
Pursuant to the authority provided by the California Government Code and California Elections Code, the City Council proposes to order the submission of a proposition authorizing the City to issue general obligation bonds (the “Bonds”) to the qualified voters of the City at the general municipal election to be held on June 7, 2022.

SECTION 2. FINDINGS
The City Council hereby makes the following findings with respect to the proposed measure for the Bonds:

A. On February 8, 2022, the City Council adopted, by a two-thirds vote of all its members, a resolution entitled “Resolution Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvement Projects, and Their Financing Through the Issuance of General Obligation Bonds,” pursuant to which the City Council has found and determined that the public interest and necessity demand the issuance of general obligation bonds to finance the cost of municipal improvement projects.

B. In order to provide for the issuance by the City of general obligation bonds to provide financing for the municipal improvement projects, it is necessary for the City Council to adopt an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at a municipal election.

C. The City Council desires to submit said ballot measure to the qualified voters of the City at the regular election to be held in the City on June 7, 2022, and to consolidate the bond election with other elections held within the City on that date.

Agenda Item #11.1.

Ordinance No. ______
2 SECTION 3. CALL FOR ELECTION
The City Council hereby orders that there be submitted to the qualified voters of the City a proposition on incurring bonded indebtedness for the purposes set forth in this Ordinance, at the regular election to be held on June 7, 2022.

SECTION 4. BALLOT PROPOSITION
The City Council hereby submits to the qualified voters of the City, at the regular election to be held on June 7, 2022, a proposition on issuing the Bonds. The statement of the measure shall be in substantially the form set forth in the resolution of the City placing the measure on the ballot.

SECTION 5. OBJECT AND PURPOSE OF BONDS
The object and purpose of the Bonds is to finance the costs of municipal improvement projects of the City (the “Improvements”), consisting of drinking water system improvements, including but not limited to Bell Canyon Spillway repairs, water main rehabilitation and replacements, valve replacements, Bell Canyon Phreatic Surface Monitoring, lower reservoir rehabilitation, and replacing pipes to increase fire flow, sewer system improvements, including but not limited to replacing pipes and making Crinella Lift Station improvements, stormwater system improvements, including but not limited to replacing pipes, drains, culverts and other components of the system, and recycled water system improvements, including but not limited to providing pump station and pipes to distribute recycled water, all as acquired or constructed by the City to protect local water quality/supply, improve drought resilience, keep sewage, pollution, trash and chemicals from local rivers, creeks and streams, and protect safe, sustainable, local water sources.

The authorized Improvements also include all work, facilities and expenditures necessary and incidental to the projects described above. Examples of such work, facilities, and expenditures include, but are not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; addressing unforeseen conditions revealed by construction or renovation, and other necessary improvements required to comply with existing building codes and other applicable law, including the Americans with Disabilities Act; costs of the bond election; bond issuance costs; project administration during the duration of such projects; and financing and interest costs on the Bonds.

The final costs, locations, designs, layouts and other components of the Improvements will be determined as plans are finalized, construction bids are awarded, and projects are completed.

Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed Improvements.

SECTION 6. ESTIMATED COST OF IMPROVEMENTS
The estimated cost of the Improvements is $19,150,000. The estimated cost includes legal or other fees, the costs of printing the Bonds, and other costs and expenses incidental to or connected with the authorization, issuance and sale of the Bonds. To the extent the Agenda Item #11.1.

Ordinance No. ______
3 Improvements financed are revenue-producing public works, the cost of the Improvements may also include bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.

SECTION 7. PRINCIPAL AMOUNT OF BONDS
The amount of the principal of the Bonds shall not exceed $19,150,000.

SECTION 8. MAXIMUM INTEREST RATE
The maximum rate of interest to be paid on the Bonds shall be the statutory maximum of 12% per annum. Said interest shall be payable semiannually, except that interest for the first year after the date of the Bonds may be made payable at the end of said year.

SECTION 9. ISSUANCE AND SALE OF BONDS
The City proposes to issue and sell the Bonds pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The Bonds will be general obligations of the City payable from and secured by ad valorem taxes levied and collected in the manner prescribed by the laws of the State of California. The revenue generated from the ad valorem tax levied and collected will be used for the payment of debt service on the Bonds. All of the Bonds shall be equally and ratably secured, without priority, by the taxing power of the City.

SECTION 10. MANNER OF CONDUCTING ELECTION
The election on the Bonds held on June 7, 2022 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election with which it is consolidated.

SECTION 11. PROCEDURE FOR VOTING ON PROPOSITION
Ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the proposition on the ballot, in accordance with procedures to be adopted by the authorized officers of the County of Napa (the “County”) charged with conducting the election.

SECTION 12. ACCOUNTABILITY REQUIREMENTS
In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds:
(a) A separate account shall be created and held by the City, into which the proceeds of the Bonds are deposited and applied solely for the purpose of financing the Improvements.

Agenda Item #11.1.

Ordinance No. ______
4 (b) The Administrative Services Director of the City shall file a report with the City Council at least annually showing the amount of Bond proceeds collected and expended, and the status of the Improvements.

SECTION 13. IDENTIFICATION OF TAX
The tax imposed by this measure is an ad valorem tax levied upon taxable real property in the City, and will be used to pay the principal and interest on the Bonds.

SECTION 14. ESTABLISHMENT OF OVERSIGHT COMMITTEE
In the event the ballot proposition is passed by two-thirds of all qualified voters voting on the proposition and the Bonds are issued, the City Council shall establish and appoint members to an oversight committee, which shall have responsibility for reviewing and reporting on the expenditure of the proceeds of the Bonds.

SECTION 15. OFFICIAL ACTIONS
The Mayor, the City Manager, the Administrative Services Director, the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the bond measure on the ballot.

SECTION 16. INTERPRETATION
The provisions of this Ordinance, being necessary for the health, welfare, and safety of the City and its residents, is to be liberally interpreted to carry out its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any proceeding taken related to the submission of the proposition incurring bonded indebtedness to the qualified voters of the City shall void or invalidate any such proceeding, any Bonds issued by the City or any levy of ad valorem taxes to pay principal of and interest on the Bonds.

SECTION 17. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions this Ordinance are declared to be severable.

SECTION 18. PUBLICATION OF ORDINANCE
This Ordinance shall be published once a day for at least seven days in a newspaper published at least six days a week in the City, or once a week for two weeks in a newspaper published less than six days a week in the City. The first of said publications shall, in either event, be within 15 days after the adoption of this Ordinance. If there are no such newspapers, it shall be posted in three public places in the City for two succeeding weeks. No other notice need be given.

SECTION 19. EFFECTIVE DATE
In accordance with Section 36937(a) of the California Government Code, this Ordinance shall become effective immediately, as an ordinance relating to an election, upon its adoption by twothirds vote of all the members of this City Council.

Agenda Item #11.1.

Ordinance No. ______
5 THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the ___ day of _________, 2022, and was adopted at a regular meeting of the St.

Helena City Council on the ___ day of _________, 2022, by the following vote:

Mayor Ellsworth: _______
Vice Mayor Dohring: _______
Councilmember Chouteau: _______
Councilmember Hardy: _______
Councilmember Hall: _______
APPROVED:

Geoff Ellsworth, Mayor
ATTEST:

CITY OF ST. HELENA
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of _________, 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _________, 2022, by the following vote:

Mayor Ellsworth: _______
Vice Mayor Dohring: _______
Councilmember Chouteau: _______
Councilmember Hardy: _______
Councilmember Hall: _______
Agenda Item #11.1.

CITY OF ST. HELENA
RESOLUTION NO. 2022-____
Resolution: placing a measure to approve the issuance of general obligation bonds to finance municipal improvements on the June 7, 2022 ballot, requesting consolidation with the Statewide general election, and setting procedural details

RECITALS
A. WHEREAS, on February 8, 2022, the City Council adopted, by a two-thirds vote of all its members, Resolution No. 2022-11 determining the necessity to incur a bonded indebtedness to finance municipal improvement projects of the City; and B. WHEREAS, the City Council is required by the California Constitution as well as other applicable provisions of California law to submit the proposal for bonded indebtedness to the voters for their consideration; and
C. WHEREAS, on the date hereof, the City Council adopted, by a two-thirds vote of all its members, AN ORDINANCE ORDERING THE SUBMISSION OF A PROPOSITION

INCURRING BONDED INDEBTEDNESS TO THE QUALIFIED VOTERS OF THE CITY OF ST. HELENA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION,

CONSTRUCTION AND IMPROVEMENT OF CERTAIN MUNICIPAL IMPROVEMENT PROJECTS (the “Ordinance”), which orders the submission to the voters of a proposition authorizing bonded indebtedness to the voters of the City of St. Helena for their consideration;

RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:

Section 1. Pursuant to its right, power and authority under the California Constitution and the laws of the State of California, the City Council on its own motion hereby orders submitted to the voters at an election to be held in the City on June 7, 2022, a ballot measure designated by letter by the Napa County Registrar of Voters authorizing the sale of general obligation bonds to finance the costs of municipal improvement projects of the City described in the Ordinance, to appear on the ballot in substantially the following form:

BOND MEASURE H
“St. Helena Water Service Protection. To protect local water quality/supply, improve drought resilience by: repairing/replacing St. Helena’s 1940s-era drinking water system, including pipes, aging/deteriorating drinking water, BONDS
YES
Agenda Item #11.1.

2 stormwater and sewage infrastructure; keeping sewage, pollution, trash, chemicals from local rivers, creeks and streams; protecting safe, sustainable, local water sources; shall City of St. Helena’s measure authorizing $19,150,000 in bonds, levying approximately $14.82 per $100,000 of assessed value, raising about $1.2 million annually while bonds are outstanding, requiring citizen oversight, be adopted?
BONDS
NO
Section 2. The full text of the proposed measure to be submitted to the voters is set forth in the Ordinance, and incorporated herein by reference as if set forth in full. The full text of the Ordinance shall be printed in the voter information guide. The proposed measure shall not take effect unless approved by a 2/3rds vote of the voters voting on the question.

Section 3. The City Council hereby finds that the estimates and projections contained in the measure and in the tax rate statement required by Section 9401 of the California Elections Code and prepared in connection with the measure, have been made based on currently available information, but depend on a number of variables which are subject to variation. Such estimates and projections have been made in good faith, and are not binding or intended to be limitations on the terms of the Bonds. The City Manager (including any interim) is hereby authorized to finalize and execute the tax rate statement, and to file the tax rate statement with the Napa County Registrar of Voters.

Section 4. Pursuant to Section 10002 and 10403 of the California Elections Code, the City hereby requests that the Board of Supervisors of Napa County and the Napa County Registrar of Voters consolidate the City’s general obligation bond measure with the Statewide general election to be held on June 7, 2022, and further requests the services of the Napa County Registrar of Voters in carrying out the election for the City’s general obligation bond measure, including sending to the City’s registered voters all required election materials, conducting the election, canvassing the vote received, and taking all steps necessary and required for the holding of this election within the City. The City Clerk of the City of St. Helena shall receive the canvass as it pertains to the election on the measure from the County, and shall certify the results to the City Council, as and to the extent required by law.

Section 5. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the California Elections Code. The location of the central counting place for the ballots to be cast at the election shall be as established by the Board of Supervisors of Napa County and/or the Napa County Registrar of Voters. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the election shall be the same as those utilized by Napa County.

Section 6. The City acknowledges that the compensation for election officers, polling place rental fees and any other fees or costs of the election shall be based on the rates set by the Napa County Board of Supervisors which are in effect at the time of the consolidated election, and the County shall be reimbursed by the City for such services as they are performed.

Section 7. The City Council directs the City Clerk to submit to the City Attorney a copy of the measure, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk on or before Friday, March 11, 2022 at 5:00 p.m., shall not exceed 500 words in Agenda Item #11.1.

3 length, and otherwise shall comply in all respects with the applicable provisions of the California Elections Code.

Section 8. The last day for filing direct arguments for or against the measure shall be Friday, March 18, 2022 at 4:30 p.m., and all such arguments shall be filed with the St. Helena City Clerk, 1572 Railroad Avenue, St. Helena, California 94574 and shall not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the City Clerk.

Arguments received prior to the deadline shall be confidential until the deadline. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period described in Section 9 below.

Section 9. The last day for filing rebuttal arguments for or against the measure shall be Friday, March 25, 2022 at 5:00 p.m., and all such arguments shall be filed with the St. Helena City Clerk, 1572 Railroad Avenue, St. Helena, California 94574 and shall not exceed 250 words in length. The rebuttal arguments shall be accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the City Clerk. Arguments received prior to the deadline shall be confidential until the deadline.

Section 10. Pursuant to Section 9295 of the California Elections Code, there shall be a 10-day public review period for the impartial analysis, arguments submitted for or against the measure, and rebuttal arguments. These time periods are established as follows: (a) with respect to the impartial analysis, commencing on Friday, March 11, 2022 at 5:00 p.m. and closing on Monday, March 21, 2022 at 5:00 p.m., (b) with respect to arguments submitted for or against the measure, commencing on Friday, March 18, 2022 at 4:30 p.m. and closing on Monday, March 28, 2022 at 4:30 p.m., and (c) with respect to rebuttal arguments, commencing on Friday, March 25, 2022 at 5:00 p.m. and closing on Monday, April 4, 2022 at 5:00 p.m.

Section 11. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

Section 12. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 13. The City Clerk is directed to give notice of the election and synopsis of the City’s general obligation bond measure in the time, form, and manner as required by law.

Section 14. The City Clerk is authorized to transmit a certified copy of this resolution to the Napa County Board of Supervisors and the Napa County Registrar of Voters.

Section 15. Each of the City Manager (including any interim) and the City Clerk are hereby authorized and directed to work with the appropriate officials of Napa County to carry out the purposes and intent of this Resolution, including preparing, signing and/or filing any supplemental documents, agreements, or materials.

Agenda Item #11.1.

4 Section 16. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 17. This Resolution shall take effect immediately upon its adoption. * * * * * * * * * *
Approved at a Regular Meeting of the St. Helena City Council on ____________, 2022, by the following vote:

Mayor Ellsworth: ______________
Vice Mayor Dohring: ______________
Councilmember Chouteau: ______________
Councilmember Hall: ______________
Councilmember Hardy: ______________
APPROVED:
___________________
Geoff Ellsworth, Mayor
ATTEST:
___________________
Cindy Tzafopoulos, City Clerk
Agenda Item #11.1.

TAX RATE STATEMENT
An election will be held in the City of St. Helena (the “City”) on June 7, 2022, to authorize the sale of up to $19,150,000 in bonds of the City to finance the municipal improvements listed in the bond measure. If such bonds are authorized, the City expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable solely from the proceeds of ad valorem tax levies made upon the taxable property in the City. The following information is provided in compliance with applicable provisions of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, and other demonstrable factors.

Based upon the foregoing and projections of the City’s assessed valuation:

1. The best estimate of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of filing of this statement is $0.01482 per $100 (or $14.82 per $100,000) of assessed valuation of all property to be taxed. The best estimate of the final fiscal year in which the tax is anticipated to be collected is 2059.

2. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based on assessed valuations available at the time of filing this statement is $0.02587 per $100 (or $25.87 per $100,000) of assessed valuation of all property to be taxed. The best estimate of the first fiscal year in which the highest tax rate will apply is 2032.

3. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is $32,529,419.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the voters of the City or any other overlapping public agency.

Voters should note that estimated tax rate is based on the ASSESSED VALUE of taxable property within the City as shown on Napa County’s official tax rolls, not on the property’s market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner’s exemption, will be taxed at a lower effective tax rate than described above. Property owners should consult their own property tax bills to determine their property’s assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which amounts are not maximum amounts or durations and are not binding upon the City. The actual debt service amounts, tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the rating for the bonds, the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual Agenda Item #11.1.

assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the City based on need for funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the City as determined by the Napa County assessor in the annual assessment and the equalization process.

Jim McCann, Interim City Manager
City of St. Helena
February __, 2022
Agenda Item #11.1.

Report to the City Council
Regular City Council - 22 Feb 2022
Agenda Section: NEW BUSINESS
Subject: Fiscal Year (FY) 2021-22 2nd Quarter Finance Report and Consideration of Resolution Approving Mid-Year Budget
Adjustments for FY 2021-22
CEQA
Determination:

Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager

BACKGROUND
Municipal Code Title 2, §2.24.030 states the Director of Finance shall deliver to the City Manager and to the Council at a regularly scheduled Council Meeting a budget report showing the budget status at the end of the preceding quarter. The Q2 Quarterly report is combined with the mid-year budget report/adjustments.

After conducting a review of the status of the City’s budget as of December 31, 2021, this report is presented to provide an overview of revenues and expenses at mid-year as they relate to various funds. The City has traditionally amended its budget during the year as new and updated information becomes available, or at various times during the year to appropriate funds for expenses that were not anticipated at the time the budget was adopted.

Staff has prepared the following for Council:

1. Second Quarter (Q2) staff report for Fiscal Year (FY) 2021-22. This report is a summary of transactions from July 1, 2021 through December 31, 2021

2. Recommended Mid-Year Budget Adjustments

3. Summary of St. Helena CARES Low Income Subsidy and Water Leak Adjustments for Q2 FY 2021-22

4. FY 2021-22 Q2 List of Checks over $50,000 (Attachment 1) Agenda Item #12.1.

5. FY 2021-22 Q2 Estimated Cash Balances at December 31, 2021 (Attachment 2)

6. FY 2021-22 Q2 Revenue and Expense Summaries - General, Water, and Wastewater Funds (Attachments 3-8)

DISCUSSION
The intent of this report is to highlight the conclusions of the mid-year budget analysis, while focusing on the funds over which the City Council has discretion. The report is broken down into four different Fund Types - General, Water, Wastewater, and Other Funds. The Net Position Tables for the General Fund, Water Fund, and Wastewater Fund include recommended adjustments.

Information presented below reflects transactions posted through December 31, 2021.

Additional details for the General Fund, Water Fund, and Wastewater Fund are provided as Attachments 3-8.

GENERAL FUND
General Fund Revenues - 12/31/21 Balances and Recommended Budget Adjustments General Fund revenue received from July 1, 2021 through December 31, 2021 for Fiscal Year (FY) 2021-22 is $9,740,559 or 59%. It is important to note that of this amount, $1,118,404 is for emergency relief received in FY 2022 for the fires which occurred in FY 2021. These revenues were included in FY 2021 revenue estimates; however, the City continues to receive reimbursements in the current fiscal year. Removing the emergency relief, the revenue received through December 31, 2021 is $8,622,155 or 52%.

Comparatively, at the same time last year FY 2020-21 Q2, total General Fund Revenue collected was $5,965,649 or 53%. The higher amount collected is primarily due to a significant increase in TOT revenues compared to the same time last year. General Fund revenue is divided into the following categories:

1. Property Tax

2. Sales Tax

3. Transient Occupancy Tax (TOT)

4. Other Taxes

5. Charges for Service

6. Fines and Forfeits

7. Licenses and Permits

8. Development Fees

9. Intergovernmental

10.Interest and Rents

11.Miscellaneous
The primary General Fund revenues include Property Tax, Sales Tax, and TOT.

On September 14, 2021, staff presented to City Council updated FY 2021-22 revenue forecasts. Although the updated forecast was presented, at that time no formal action was taken by City Council for a budget revenue increase. Based on the information presented on September 14, 2021, recommended General Fund Revenue budget adjustments are Agenda Item #12.1.

included in Table 1. In addition, staff is recommending an additional $200,000 increase in TOT revenue based on Q2 actuals.

The summary of General Fund revenues (Attachment 3) takes into consideration the adjustments noted in Table 1.

Table 1 - General Fund Revenue Budget Adjustment Recommendations:

Account Description Notes Amount
101-30-10-
00-00
Property TaxSecured
Estimate from County lower than
adopted budget (from 9/14/21
meeting)
(25,526)
101-30-11-
00-00 ERAF Shift to State Increase - Non-budgeted revenue (from 9/14/21 meeting) 443,774 101-30-20-
00-00
Property TaxUnsecured
Estimated from County lower than
adopted budget (from 9/14/21
meeting)
(935)
101-32-05-
00-00 In Lieu VLF
Estimated from County lower than
adopted budget (from 9/14/21
meeting)
(4,512)
101-34-61-
00-00
Contributions from
Government
Receipt of second half of the
COVID relief funding, which is
higher than anticipated (from
9/14/21 meeting)
154,864
101-30-50-
00-00 TOT
Increase due to actual TOT
performance in Q1 (from 9/14/21
meeting)
235,087
101-30-50-
00-00 TOT Increase due to actual TOT performance in Q2 200,000 NET REVENUE INCREASE 1,002,752
General Fund Expenses - 12/31/21 Balances and Recommended Budget Adjustments General Fund expenses through December 31, 2021 are $7,774,699. Spending is at 55% of the adopted amount for the year with 45% available. Spending for the previous year FY 2020-21 Q2 was at 60% with 40% available. Attachment 4 provides a summary of expenditures by Department through FY 2021-22 Q2. Staff is recommending several budget adjustments which include items approved by City Council at the meeting on September 14, 2021 as part of the add-back considerations. All add-back considerations are considered one time expenses. Due to several unanticipated expenses incurred during the first two quarters and anticipated expenses related to City Council goals, staff is also recommending additional budget adjustments. All budget increase recommendations are presented in Table 2.

Agenda Item #12.1.

Table 2 - General Fund Expense Budget Increase Recommendations:

Account Description Council
Goal Adjustment

GENERAL FUND EXPENSES
Add-Back List from 9/14/21 Meeting
101-40-00-
21-45
Reserve for Unanticipated
Expenses* 500,000
101-40-00-
29-99
Additional Street Paving - transfer
to Streets CIP Goal 1 200,000
101-40-00-
21-45
NVC Moving Expense
Contingency 80,000
101-40-00-
21-45 Business Recovery - Parklets Goal 4 70,000
101-43-20-
21-30 IT Enhanced Security Scans Goal 3 23,550
101-42-10-
21-45 Laserfiche Goal 3 35,000
Add Back Sub-total 908,550
Additional Budget Adjustment Recommendations
101-41-00-
21-45
Climate Action Committee -
additional items not covered by
BAAQMD Grant
Goal 6 4,050
101-50-00-
21-50 Leaf Blower Rebate Goal 6 25,000
101-43-20-
21-30
Cradlepoints for Corp Yard -
internet connectivity Goal 3 2,900
101-42-10-
21-45 LaserFiche - upgrade assistance Goal 3 2,000
101-43-10-
21-56 City Manager Recruitment Goal 3 8,350
101-43-00-
21-30 Year-end Audit Assistance Goal 3 6,700
101-43-00-
21-45 Grant Assistance Goal 3, 4 20,000
Additional Budget Adjustments Sub-total 69,000
TOTAL GENERAL FUND BUDGET INCREASE 977,550
*It is anticipated these funds will be used for construction costs associated with the Napa Valley College tenant improvements. Actual amount will be determined based on construction bids.

Additionally, on September 14, 2021, City Council authorized four additional firefighter positions and an Engineering Manager position. The budget increase for the firefighters was authorized by City Council on October 26, 2021 via Resolution No. 2021-133 and the Agenda Item #12.1.

budget adjustment for the Engineering Manager position will be brought back to City Council with the adoption of the job description and salary.

Table 3 - FY 2021-22 Approved Budget Adjustments/Use of Reserves since July 1, 2021
Council
Meeting
Date
Item Council
Goal Amount
9/28/21 Resolution 2021-124
One time employee retention bonus program Goal 3 133,900 10/26/21 Resolution 2021-133
Full-time Firefighter Positions Goal 1 315,970
12/14/21 Resolution 2021-154
Formation of JPA for Financing Authority
Goal 1,
4 8,334
1/25/22 Resolution 2022-
BKF Amendment Goal 1 11,000
TOTAL 469,204
Table 4 - General Fund Estimated Net Position 6/30/2022 Ending Fund Balance @ 6/30/2021 6,971,731 Net Position
%
Estimated Revenue @ 6/30/2022* 16,678,441
Estimated Expenses @ 6/30/2022** (17,122,203)
Purchase Order Rollovers*** (307,445)
Use of Reserves (751,207)
Estimated Unassigned Net Position 6,220,524 36%
* Total revenue includes mid-year recommended adjustments **Total expenses include previously approved budget adjustments and mid-year recommended adjustments
***Rollover Purchase Orders from FY 2020-21 are expenses that were budgeted and encumbered in FY2020-21, but were not expended by June 30, 2021.

WATER FUND - 12/31/21 Balances and Recommended Budget Adjustments Water Enterprise revenue received is $6,524,851, or 105% of the estimated total revenues for FY 2021-22 through December 31, 2021. Revenues are higher than anticipated due to penalties charged in July, August, September, October, and November as a result of the Phase II water emergency, which was not included in the estimated revenues. The penalties charges total $4,338,131; however, adjustments continue to be made for customers who qualify for a penalty waiver due to a water leak incurred. In addition, due to the timing of the bi-monthly billing cycle, this amount does not include charges from November and December 2021 which would account for an additional $1,528,458. This includes $722,207 in penalties for customers who did not qualify for the water penalty forgiveness program - bringing the total revenues to $8,053,309, or 130%.

If the amount charged for penalties is removed, the total revenue is $2,992,971 or 48%.

Agenda Item #12.1.

This is compared to revenues in FY 2021 (including the December 2020 billing cycle which was $3,744,423, or 55%. Revenues are slightly lower for FY 2021-22 which can be attributed to water conservation measures. Attachment 5 provides details of Water Fund revenues. The negative amount recorded in 561-3870-0000 CARES subsidy is due to the subsidy amount yet to be transferred from the General Fund.

Water expenditures through December 31, 2021 are $3,190,453. Overall Water Fund spending is at 48% of the adjusted amount for the year with 52% available. The high amount for Non-Departmental is attributed to the PERS Unfunded Liability payments made in Q1 and the high amount of Attorney costs are due to litigation expenses.

Spending is on track for FY 2021-22. Attachment 6 provides a summary of spending by department for FY 2021-22 Q2 for the Water Fund. While spending for the Water Fund is on track, staff is recommending the budget adjustments in Table 6 due to unforeseen expenses. Additionally, Council directed the use of water penalty funds for the first payment of the Settlement Agreement with Vineland Hall. A budget increase of $450,000 is being recommended, at noted in Table 5 which will have an offsetting expenditure as noted in Table 6.

Table 5 - Water Fund Revenue Budget Adjustment Recommendations:

Account Description Notes Amount
561-34-71-00-
00 Water Emergency
Penalties
Penalty fund designed for
Settlement Agreement 450,000
Table 6 - Water Fund Expenditure Budget Increase Recommendations:

Account Description Council
Goal Adjustment

WATER FUND EXPENSES
Add-Back List from 9/14/21 Meeting and Council Direction on 12/20/21 561-43-20-21-
30 IT Enhanced Security Scans Goal 3 4,720
561-44-00-21-
31 Legal - Vineland Hall Settlement - to be
paid for utilizing Water Penalty Fines 450,000
Add Back Sub-total 454,720
Additional Budget Adjustment Recommendations
561-44-00-21-
30 Legal - General Services - additional
expenses due to Water Audit and
Water Emergency

110,000
561-44-00-21-
32 Legal - Litigation - Vineland Vista and
Water Audit

150,000
561-43-20-21-
30 Cradlepoints for Corp Yard - internet
connectivity Goal 3 2,000
561-42-10-21-
45 Assist LaserFiche with upgrade Goal 3 400
Agenda Item #12.1.