City of St Helena Encroachment Permit 2
DTD 12/27/23
Applicant Check Off List Permit fees are due at the time of application and are NON REFUNDABLE.
Completed Applications MUST be emailed to [email protected] 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
$750.00 fee paid $550.00 fee paid
Proof of Insurance Coverage Proof of Insurance Coverage Copy of Civil Plans for Related Building Permit Copy of Civil Plans for Related Building Permit Traffic Control Plans Traffic Control Plans
Site Plans Site Plans
USA Tag #
Conditions:
Standards Attached:
Street Supervisor Approval Signature: Date:
Utilities Supervisor Approval Signature: Date:
Trees Supervisor Approval Signature: Date:
Minimum Insurance Requirements;
General Liability Major Permit 2 Million General Liability/4 million Aggregate Minor Permit 1 Million General Liability/2 million Aggregate Auto Liability Major/Minor Permit 2 Million or Greater per Accident, Bodily Injury or Property Damage Workers Comp Major/Minor Permit 2 Million per Injury
Special Circumstances May Arise Which Could Cause Changes to These Guidelines Attach Certificate of Insurance (COI) AND Endorsements
The language in the Description section (bottom middle) must state the following: “The City of St. Helena, its agents, officers, 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 NON REFUNDABLE. Incomplete submittals will not be accepted.
I CERTIFY THAT IN THE PERFORMANCE OF THE WORK FOR WHICH THE PERMIT IS ISSUED WILL ADHERE TO THE CITY OF ST. HELENA CITY STANDARDS.
I (We) agree to save, indemnify, and hold harmless the City of St. Helena, its Agents, Officers, Officials, Employees, and Volunteers against judgments, costs and expenses which may in any way accrue against said City in consequence of the granting of this permit.
Signature: Date: January 11th,2024
□ Owner □ Contractor
Agenda Item #11.5.
City of St Helena Encroachment Permit 3
DTD 12/27/23
GENERAL PERMIT REGULATIONS
NOTE: ALL REQUIRED DOCUMENTS MUST BE SUBMITTED PRIOR TO APPROVAL
1. 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 specifications and the provisions enumerated herein.
2. 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.
3. Authorizations for any installation granted by virtue of this permit/contract are revocable at any time.
4. Maintenance of the encroachment is strictly the responsibility of the Permittee.
5. 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.
6. The Permittee shall provide, erect and maintain all warning signs, lights, barriers or other devices necessary for the protection of the public.
7. During work on city streets at least one 12-foot wide traffic lane shall be open at all times unless otherwise specifically authorized.
8. Existing drainage conditions must be provided for in every instance. Nothing contained herein shall be construed as relieving the Permittee of responsibility.
9. There shall be a minimum of thirty (30) inches of cover over all pipes or conduits installed except as may be specifically 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.Insurance 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.
Agenda Item #11.5.
The Neighborhood Table benefits St. Helena Hospital Foundation, a 501(c)3 organization • Tax ID #20-1384250 10 Woodland Road, St. Helena, CA 94574 • 707.963.6208 • Fax: 707.967.5620 • www.shhfoundation.org [ADVENTISTHEALTH:INTERNAL]
St. Helena Hospital Foundation
BOARD OF DIRECTORS
Daphne Araujo, Chair
Pat Stotesbery, Vice Chair
Elaine Jones, Secretary
Jim Gamble, Treasurer
Michelle Baggett
Pam Bergman
Stacey Bressler
Karen Cakebread
William Cary
Blakesley Chappellet
Susan Eisenberg, MD
Steven Fink
Leslie Frank
Michael Honig
Rick Jones
Robin Lail
Carol Lindstrom
Jillian Manus
Chuck McMinn, Emeritus
Frank Naeymi-Rad, PhD
Carol Norfleet
Deborah Novack
Kathleen Patterson
Oscar Renteria
Ethan Schram, MD
Bob Trinchero, Emeritus
Elyse Walker
Joe Wender
Glen Newhart, MBA, CFRE
President & CEO
St. Helena Hospital Foundation
Steven Herber, MD
President
Adventist Health St. Helena
January 11th, 2024
To : Rebecca White-Administrative Assistant to Joseph Leach, Director of Public Works
City of St. Helena | 1088 College Avenue | St. Helena CA 94574 Neighborhood Community Table activity outline for May 18th, 2024 The Neighborhood Table is presented by St. Helena Hospital Foundation to bring the community together in the spirit of health and connection. while bringing awareness to the Hospital's mission and animating downtown St.
Helena. This project is a collaboration to highlight the work being done by dynamic health and community visionaries who are committed to investing in each of us and our well-being. so that we may heal and create our most vital and connected lives.
We launched the first Neighborhood Table event on May 19 2019. It was a big success and when tickets went on sale for May 2020 they sold out in 3 hours. Clearly our local community strongly supports this event. We did provide a curbside dinner pickup at Tre Posti when our live event was postponed. We came back live in 2022 and 2023 and sold-out tickets which clearly illustrates our continued support from the community. We are so excited to continue this annual celebration on May 18th. 2024.
On Behalf of the St. Helena Hospital Foundation, we appreciate your continued assistance with this event.
Thank you
Susan M Duryea
May 18th,2024
Downtown St. Helena
Agenda Item #11.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 27, 2024
FROM: Mario Traverso, Project Manager
SUBJECT: Consideration of approval of a Resolution (1) authorizing the City Manager to execute a funds transfer agreement to accept funds for the Pedestrian Safety Improvements for the Spring Street/Highway 29 Intersection Project, a
Priority Legislative Budget Project as granted in Assembly Bill 102, (2) authorizing staff to create a Capital
Improvement Project and establish a budget of $500,000
upon receipt of the funds.
GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability, Goal 5: Enhance Quality of Life
RECOMMENDED
ACTION:
Approve the Resolution
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
PURPOSE:
The purpose of this action is to fulfill funding program guidelines in preparation for the receipt of $500,000 as granted in Assembly Bill 102 for the Pedestrian Safety
Improvements for the Spring Street/Highway 29
Intersection Project.
FINANCIAL IMPACT: None.
BACKGROUND:
In the City of St. Helena, Spring Street is a major arterial road. At its origin, it intersects State Highway 29 in downtown St. Helena. This intersection is a major thoroughfare for both pedestrian and roadway users. In the summer of 2022, the intersection was the site of an accident involving a motor vehicle and pedestrian within the crosswalk. This incident spurred coordination between the City, Caltrans, and Congressional Representatives to address the safety concerns surrounding the intersection. A list of short-term improvements was identified and deployed by Caltrans in August 2022.
These improvements included installing updated high-visibility crosswalk and roadway striping, extending lines of visibility, and installing updated roadway signage. While these were welcomed improvements, more robust, long-term improvements have been identified and proposed for the intersection including the reconfiguring of the pedestrian crossing, installation of ADA curb ramps, curb extensions, installation of RRFBs, and sidewalk and curb and gutter repair.
Agenda Item #11.6.
DISCUSSION:
In December 2023, the City was awarded $500,000 to pursue the long-term improvements for the intersection. The project is identified in Assembly Bill 102 as a Priority Legislative Budget Project sponsored by Representative Mike Thompson of District 4. Staff is requesting City Council consider and approve a resolution accepting the funds, authorizing the execution of the funds transfer agreement, and establishing a Capital Improvement Project to steward the funding and delivery of the project. The funds are expected to be released upon the finalization of the FY25 State budget. Upon the receipt of the funds, staff will engage an engineering design firm to prepare plans and specifications. The scope and design of the project will integrate with the Downtown Sidewalk Rehabilitation Project.
ENVIRONMENTAL REVIEW: None
DOCUMENTS ATTACHMENTS:
Agreement - AB102 Priority Legislative Budget Project
Resolution - AB102 Priority Legislative Budget Project
Agenda Item #11.6.
Project ID [Enter ID]
Advantage ID [Enter ID]
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
1.1 The California Department of Transportation (Caltrans) and the City of St. Helena (City) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This Agreement is not valid until signed by both parties. This Agreement shall expire on City’s completion of its obligations under this Agreement but may be extended by amending this Agreement.
BACKGROUND
2.1 Section 19.569, subdivision (b)(2) of the Budget Act of 2023 (the Act) appropriated $500,000 (the Funds) from the State General Fund to Caltrans, to be allocated to for the Pedestrian Safety Improvements for the Spring Street/Highway 29 Project.
2.2 Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.569 of the Act is a funds transfer agreement.
2.3 Spring Street is a major arterial street which intersects State Highway 29 in downtown St. Helena. The intersection is a main thoroughfare for both pedestrians, bicyclists, and roadway users. The existing pedestrian facilities and layout of the intersection are functionally deficient which consistently poses a safety risk. Through a number of safety improvements, the Pedestrian Safety Improvements for the Spring Street/Highway 29 Project’s goal is to improve safety and accessibility for pedestrians and roadway users.
SCOPE OF WORK
3.1 The Funds provided under this Agreement will be used to fund the Pedestrian Safety Improvements for the Spring Street/Highway 29 Project (Project). The Project will rehabilitate the intersection to increase and promote safety. Elements of the rehabilitation will include reconfiguration and restoration of the pedestrian paths of travel; installation of ADA curb ramps, curb extensions, installation of RRFBs, high visibility crosswalk and road striping, signage, sidewalk replacement, and curb and gutter replacement. The improvements will occur through the extent of the Project limits which is to include 100’ north, south and west of the centerline of the intersection. The funds will be utilized to prepare plans and specifications, and construction of the Project.
Revised December 2023
Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
2 Revised December 2023
3.2 City shall only use Funds for the Project specified in the Act. City’s selfattestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The Funds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.569 of the Act, funds must be encumbered by June 30, 2025, and expended by June 30, 2027, or the funds will revert to the State’s General Fund by operation of law.
4.2 Payments shall be made as authorized by Sections 19.569(a) of the Act, including, but not limited to the provisions noted below:
a. Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph.
b. Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution.
4.3 Within 30 days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include LAPM Exhibit 17-M, photos of the completed project (including before photos if available), a description of completed Project component(s) and a description of project deliverables.
4.4 Any Project costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City to Caltrans.
4.5 City shall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
4.6 Upon written demand by Caltrans, any overpayment to City of amounts invoiced by Caltrans shall be returned to Caltrans.
4.7 Should City fail to refund any moneys due Caltrans as provided herein or should City breach this AGREEMENT by failing to complete Project without adequate justification and approval by Caltrans, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES, Caltrans,
Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
3 Revised December 2023
acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amounts paid by or owed to Caltrans for each Project, from future apportionments or any other funds due [Agency Title] from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future state-funded projects proposed by ADMINISTERING AGENCY.
INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Name:
Address:
Phone Number:
Email:
City of St. Helena:
Joe Leach
1088 College Ave
[email protected]
5.2 Each party may change their representative listed above upon 10 calendar days’ written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug-Free Workplace Requirements: City will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
4 Revised December 2023
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has occurred: City has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: City needs to be aware of the following provisions regarding current or former state employees. If City has any questions on the status of any person rendering services or involved with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
5 Revised December 2023
state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City violates any provisions of above paragraphs, such action by City shall render this Agreement void. (Pub.
Contract Code §10420.) If the Agreement is rendered void, [Agency Title] shall return all Funds.
6.3 Labor Code/Workers' Compensation: City needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and City affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
6.4. Americans With Disabilities Act: City assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
6.5. City Name Change: An amendment is required to change City’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air or Water Pollution Violation: Under State law, City shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
6 Revised December 2023
6.8. Audit: City agrees that Caltrans, the California Department of General Services, the California State Auditor’s Office, or other State agency with a legitimate business purpose, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. City agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
6.9. Amendments: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City must be approved by its local governing body as evidenced by a resolution, order, motion, or ordinance of the City and a copy provided to Caltrans. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6.10. Caltrans and City shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement may be executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
6.13 Should City be declared to be in breach of this AGREEMENT or otherwise in default thereof by Caltrans, and if City is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, Caltrans is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against City or its constituent member entities, to recover all funds provided by Caltrans hereunder.
Agenda Item #11.6.
Funds Transfer Agreement Between the California Department of Transportation and the City of St. Helena
7 Revised December 2023
State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Ann Fox
Signature:
Acting Deputy Director for Planning & Modal
Programs
Date:
Local Agency:
City of St. Helena
Printed Name:
Signature:
Title:
Date:
Accounting Certification
Agenda Item #11.6.
CITY OF ST. HELENA
RESOLUTION NO. 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA AUTHORIZING EXECUTION OF ADMINISTERING
AGENCY – STATE MASTER AGREEMENTS FOR STATE AND
FEDERAL – AID FUNDED PROJECTS; AUTHORIZING STAFF
TO CREATE A CAPITAL IMPROVEMENT PROJECT FOR THE
PEDESTRIAN SAFETY IMPROVEMENTS FOR THE SPRING
STREET/HIGHWAY 29 INTERSECTION PROJECT.
RECITALS
A. The City of St. Helena is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation; and
B. Master Agreements and Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements must be executed with the California Department of Transportation before such funds can be claimed; and
C. The City of St. Helena wished to delegate the authority to execute these agreements and any amendments thereto the City Manager.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City of St. Helena designates the City Manager at the person authorized to execute all Master Agreements, Program Supplemental amendment thereto with the California Department of Transportation; and
2. Authorizes staff to create a Capital Improvement Project for the Pedestrian Safety Improvements for the Spring Street/Highway 29 Intersection Project and establish a budget of $500,000 upon receipt of the funds.
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Mayor Paul Dohring: _____
Agenda Item #11.6.
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.6.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: February 27, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed approval of a resolution authorizing:
(1) Duly adopting and approving publicly available pay
schedule for St. Helena Employees Assocation (SHEA)
Classifications in accordance with the requirement of
California Code of Regulations, Title 2, Section 570.5, which includes new salary ranges for the Underground
Utilities Classifications effective March 1, 2024; and
(2) Approving a budget adjustment in the amount of
$8,785 for salary adjustments; and
(3) Approve an Amendment to the Memorandum of
Understanding between the City of St. Helena and SHEA
dated July 1, 2022 through June 30, 2025.
GOAL: Goal 6: Improve Employee Recruitment, Retention, & Morale, Goal 7: Enhance Organizational Effectiveness
RECOMMENDED
ACTION:
Approve the attached resolution.
PREVIOUS COUNCIL
ACTION:
July 25, 2023 - Approval of the Publicly Available Pay
Schedule
STATEMENT OF THE
PURPOSE:
The purpose is to provide more competitive salaries to
attract and retain employees and assist with filling vacant positions that have been difficult to fill due to lack of competitive salaries as compared to the market.
FINANCIAL IMPACT: The Financial Impact is an estimated annual impact of $23,420, with an estimated impact of $8,785 for the
remainder of FY 2023-24 and will be funded as follows:
General Fund (101) - $879
Water Enterprise Fund (561) - $5,271
Wastewater Enterprise Fund (571) - $2,635
BACKGROUND:
Over the course of the last three years the City has experienced significant difficulty in recruiting and retaining employees in the Underground Utilities division in Public Works.
Lower than median compensation as resulted in the loss of a number of staff to neighboring agencies with more growth opportunities, such as the Napa Sanitation and the City of Napa. Therefore, City staff recommended that the classifications within the Agenda Item #11.7.
Underground Utilities division be brought to Market Median effective July 1, 2023 to aid with retention and competitive recruiting efforts.
As a result of the salary adjustments, the City was successful in filling the vacant positions in the Underground Utilities Maintenance Worker series, however the Underground Utilities Superintendent remains unfilled.
DISCUSSION:
Since the approval of the salary increases for the Underground Utilities division, the City has conducted three rounds of recruitments for the Underground Utilities Superintendent and has been unable to identify a viable candidate. The on-going vacancy has created significant operational issues and increased demands on existing staff resulting in staff burn-out.
Therefore, staff is recommending an additional increase to the Underground Utilities salary ranges to bring them above the Market Median in order to be competitive in the market. Increases are being recommended for all ranges in the series to ensure proper compaction between the positions. Recommendations are as follows:
Position
Current
Max
Annual
Salary
Proposed
Max Annual
Salary
%
Increase
Maintenance Worker I - Underground
Utilities 74,445 77,829 4.5%
Maintenance Worker II - Underground
Utilities 81,896 85,619 4.5%
Lead Maintenance Worker - Underground
Utilities 90,082 94,176 4.5%
Underground Utilities Superintendent 109,218 113,747 4.1% The estimated annual cost for this action will be $23,420, with an estimated impact of $8,785 for the remainder of FY 2023-24. This action will require a budget increase to the associated salary and benefit GL accounts in the amount of $8,785.
The amendment to salary ranges will be memorialized in a Side Letter of Agreement to amend the existing Memorandum of Understanding (MOU). Staff is requesting the City Council approve the Side Letter Agreement to MOU between the City of St. Helena and SHEA dated July 1, 2022 through June 30, 2025 and authorize the City Manager to execute the Agreement.
In addition, the City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees.
Agenda Item #11.7.
As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule meets the following requirements:
Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. Identifies the position title for every employee position. Shows the pay rate for each position.
Indicates the time base for each pay rate.
CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.
Based on salary adjustments recommended for the St. Helena Employees Association it is necessary to adopt a new salary schedule for Fiscal Year 2023-24 effective March 1, 2024.
ENVIRONMENTAL REVIEW: None.
DOCUMENTS ATTACHMENTS:
Resolution FY23-24 Updated SHEA Salary Schedule
Attachment A - FY23-24 SHEA Salary Schedule Effective 2024.03.01 Side Letter of Agreement - SHEA
Agenda Item #11.7.
CITY OF ST. HELENA
RESOLUTION NO. 2024-__
A Resolution of the City Council 1) Duly adopting and approving publicly available pay schedule for St. Helena Employees Association in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes new salary ranges for the Underground Utilities Classifications effective March 1, 2024, 2) Authorizing a budget adjustment in the amount of $8,785 for salary adjustments, and 3) Authorizing and Amendment to the Memorandum of Understanding between the City of St. Helena and the St. Helena Employees Association dated July 1, 2022 through June 30, 2025.
RECITALS
A. The City of St. Helena contracts with the California Public Employee’ Retirement System (“CalPERS”) to provide retirement benefits for its employees; and B. Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and C. Due to an ongoing vacancy in the Underground Utilities Division, staff is recommending an additional salary increase to bring them above the Market Median in order to be competitive in the market; and
D. Increases are recommended to be a 4.5% increase to the Underground Utilities Maintenance Worker classifications and a 4.1% increase to the Underground Utilities Superintendent classification; and
E. The City and SHEA wish to execute a Side Letter of Agreement to amend the MOU to memorialize the amendment to the Underground Utilities salary ranges.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. That the City of St. Helena Publicly Available Salary Schedules as follows:
a. Attachment A – St. Helena Employees Association Salary Schedule Effective March 1, 2024
Agenda Item #11.7.
are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5, and
2. That the City of St. Helena Publicly Available Salary Schedule will be posted on the City’s website and will be made available for public inspection for not less than five years.
3. The City Council approves a budget adjustment in the amount of $8,785 to the associated GL accounts for the Underground Utilities classifications.
4. The City Council approves the Side Letter of Agreement to Memorandum of Understanding between the City of St. Helena and St. Helena Employee Association Dated July 1, 2022 through June 30, 2025.
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Mayor Paul Dohring:
Vice Mayor Eric Hall:
Council Member Anna Chouteau:
Council Member Billy Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Office Assistant Annual 50,729 53,265 55,929 58,725 61,661 Monthly 4,227 4,439 4,661 4,894 5,138 Hourly 24.39 25.61 26.89 28.23 29.64 Library Associate I Annual 51,199 53,758 56,446 59,269 62,232 Monthly 4,267 4,480 4,704 4,939 5,186 Hourly 24.61 25.85 27.14 28.49 29.92 Maintenance Worker I Annual 55,813 58,604 61,534 64,611 67,841 Buildings & Streets; Parks & Trees Monthly 4,651 4,884 5,128 5,384 5,653 Hourly 26.83 28.17 29.58 31.06 32.62 Library Associate II Annual 56,345 59,162 62,120 65,226 68,488 Monthly 4,695 4,930 5,177 5,436 5,707 Hourly 27.09 28.44 29.87 31.36 32.93 Permit Technician I Annual 60,623 63,654 66,836 70,178 73,687 Planning; Building Monthly 5,052 5,304 5,570 5,848 6,141 Hourly 29.15 30.60 32.13 33.74 35.43 Accounting Technician I Annual 60,845 63,887 67,082 70,436 73,958 Monthly 5,070 5,324 5,590 5,870 6,163 Hourly 29.25 30.72 32.25 33.86 35.56 Administrative Assistant Annual 60,873 63,917 67,112 70,468 73,992 Monthly 5,073 5,326 5,593 5,872 6,166 Hourly 29.27 30.73 32.27 33.88 35.57 Maintenance Worker II Annual 61,392 64,462 67,685 71,069 74,623 Buildings & Streets; Parks & Trees Monthly 5,116 5,372 5,640 5,922 6,219 Hourly 29.52 30.99 32.54 34.17 35.88 Senior Library Associate Annual 61,951 65,049 68,301 71,716 75,302 Monthly 5,163 5,421 5,692 5,976 6,275 Hourly 29.78 31.27 32.84 34.48 36.20 Maintenance Worker I ‐ Annual 64,030 67,232 70,593 74,123 77,829 Utilities Monthly 5,336 5,603 5,883 6,177 6,486 Hourly 30.78 32.32 33.94 35.64 37.42 Librarian I Annual 64,251 67,463 70,836 74,378 78,097 Monthly 5,354 5,622 5,903 6,198 6,508 Hourly 30.89 32.43 34.06 35.76 37.55 Plant Operator in Training Annual 65,415 68,686 72,120 75,726 79,512 Water; Wastewater Monthly 5,451 5,724 6,010 6,311 6,626 Hourly 31.45 33.02 34.67 36.41 38.23 St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted February 27, 2024
Effective March 1, 2024
FY 2023‐2024
Steps
Administrative Services Department Page 1 2/21/2024
Agenda Item #11.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted February 27, 2024
Effective March 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Human Resources Technician (6) Annual 66,226 69,538 73,015 76,665 80,499 Monthly 5,519 5,795 6,085 6,389 6,708 Hourly 31.84 33.43 35.10 36.86 38.70 Permit Technician II Annual 66,680 70,014 73,514 77,190 81,050 Planning; Building Monthly 5,557 5,834 6,126 6,433 6,754 Hourly 32.06 33.66 35.34 37.11 38.97 Accounting Technician II Annual 66,932 70,279 73,793 77,483 81,357 Monthly 5,578 5,857 6,149 6,457 6,780 Hourly 32.18 33.79 35.48 37.25 39.11 Executive Assistant Annual 66,966 70,315 73,830 77,522 81,398 Monthly 5,581 5,860 6,153 6,460 6,783 Hourly 32.20 33.81 35.50 37.27 39.13 Lead Maintenance Worker Annual 67,538 70,915 74,460 78,183 82,093 Buildings & Streets; Parks & Trees Monthly 5,628 5,910 6,205 6,515 6,841 Hourly 32.47 34.09 35.80 37.59 39.47 Administrative Records Assistant Annual 67,543 70,921 74,467 78,190 82,099 Monthly 5,629 5,910 6,206 6,516 6,842 Hourly 32.47 34.10 35.80 37.59 39.47 Engineering Technician I Annual 68,405 71,825 75,417 79,187 83,147 Monthly 5,700 5,985 6,285 6,599 6,929 Hourly 32.89 34.53 36.26 38.07 39.97 Environmental Services Technician I Annual 70,296 73,811 77,502 81,377 85,446 Monthly 5,858 6,151 6,458 6,781 7,120 Hourly 33.80 35.49 37.26 39.12 41.08 Maintenance Worker II ‐ Annual 70,439 73,961 77,659 81,542 85,619 Utilities Monthly 5,870 6,163 6,472 6,795 7,135 Hourly 33.86 35.56 37.34 39.20 41.16 Librarian II Annual 70,671 74,204 77,914 81,810 85,900 Monthly 5,889 6,184 6,493 6,817 7,158 Hourly 33.98 35.68 37.46 39.33 41.30 Permit Technician III Annual 73,351 77,019 80,870 84,913 89,159 Planning; Building Monthly 6,113 6,418 6,739 7,076 7,430 Hourly 35.26 37.03 38.88 40.82 42.86 Senior Accounting Technician Annual 73,619 77,300 81,165 85,223 89,484 Monthly 6,135 6,442 6,764 7,102 7,457 Hourly 35.39 37.16 39.02 40.97 43.02 Steps
Administrative Services Department Page 2 2/21/2024
Agenda Item #11.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted February 27, 2024
Effective March 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Engineering Technician II Annual 75,245 79,007 82,958 87,105 91,461 Monthly 6,270 6,584 6,913 7,259 7,622 Hourly 36.18 37.98 39.88 41.88 43.97 Plant Operator I Annual 75,266 79,029 82,981 87,130 91,486 Water; Wastewater Monthly 6,272 6,586 6,915 7,261 7,624 Hourly 36.19 37.99 39.89 41.89 43.98 Assistant Planner Annual 77,297 81,162 85,220 89,481 93,955 Monthly 6,441 6,763 7,102 7,457 7,830 Hourly 37.16 39.02 40.97 43.02 45.17 Environmental Services Technician II Annual 77,320 81,186 85,245 89,508 93,983 Monthly 6,443 6,766 7,104 7,459 7,832 Hourly 37.17 39.03 40.98 43.03 45.18 Lead Maintenance Worker ‐ Annual 77,479 81,353 85,420 89,691 94,176 Underground Utilities Monthly 6,457 6,779 7,118 7,474 7,848 Hourly 37.25 39.11 41.07 43.12 45.28 Senior Librarian Annual 77,733 81,620 85,701 89,986 94,485 Monthly 6,478 6,802 7,142 7,499 7,874 Hourly 37.37 39.24 41.20 43.26 45.43 Recreation Supervisor Annual 78,976 82,925 87,071 91,425 95,996 Monthly 6,581 6,910 7,256 7,619 8,000 Hourly 37.97 39.87 41.86 43.95 46.15 Junior Engineer Annual 80,416 84,437 88,659 93,092 97,747 Monthly 6,701 7,036 7,388 7,758 8,146 Hourly 38.66 40.59 42.62 44.76 46.99 Plant Operator II Annual 82,755 86,893 91,237 95,799 100,589 Water; Wastewater Monthly 6,896 7,241 7,603 7,983 8,382 Hourly 39.79 41.78 43.86 46.06 48.36 Senior Engineering Technician Annual 82,770 86,908 91,253 95,816 100,607 Monthly 6,897 7,242 7,604 7,985 8,384 Hourly 39.79 41.78 43.87 46.07 48.37 Associate Planner Annual 85,024 89,275 93,739 98,426 103,347 Monthly 7,085 7,440 7,812 8,202 8,612 Hourly 40.88 42.92 45.07 47.32 49.69 Fire Inspector Annual 85,027 89,279 93,742 98,430 103,351 Monthly 7,086 7,440 7,812 8,202 8,613 Hourly 40.88 42.92 45.07 47.32 49.69 Buildings & Streets Superintendent Annual 85,690 89,974 94,473 99,197 104,157 Parks & Trees Superintendent Monthly 7,141 7,498 7,873 8,266 8,680 Hourly 41.20 43.26 45.42 47.69 50.08 Human Resources Analyst (6) Annual 87,359 91,727 96,313 101,129 106,185 Monthly 7,280 7,644 8,026 8,427 8,849 Hourly 42.00 44.10 46.30 48.62 51.05 Steps
Administrative Services Department Page 3 2/21/2024
Agenda Item #11.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted February 27, 2024
Effective March 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Administrative Analyst Annual 88,839 93,281 97,945 102,842 107,984 Monthly 7,403 7,773 8,162 8,570 8,999 Hourly 42.71 44.85 47.09 49.44 51.92 Plant Operator III Annual 91,429 96,001 100,801 105,841 111,133 Water; Wastewater Monthly 7,619 8,000 8,400 8,820 9,261 Hourly 43.96 46.15 48.46 50.89 53.43 Assistant Engineer Annual 92,880 97,524 102,400 107,520 112,896 Monthly 7,740 8,127 8,533 8,960 9,408 Hourly 44.65 46.89 49.23 51.69 54.28 Underground Utilities Annual 93,580 98,259 103,172 108,331 113,747 Superintendent Monthly 7,798 8,188 8,598 9,028 9,479 Hourly 44.99 47.24 49.60 52.08 54.69 Associate Civil Engineer Annual 102,175 107,284 112,648 118,281 124,195 Monthly 8,515 8,940 9,387 9,857 10,350 Hourly 49.12 51.58 54.16 56.87 59.71 Chief Plant Operator Annual 109,954 115,452 121,224 127,286 133,650 Water; Wastewater Monthly 9,163 9,621 10,102 10,607 11,137 Hourly 52.86 55.51 58.28 61.20 64.25 20 years ‐ 10.0% of base salary
(1) Longevity Pay ‐ Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years ‐ 2.5% of base salary
10 years ‐ 5.0% of base salary
15 years ‐ 7.5% of base salary
Certification for back‐flow prevention devices for Public Works employees.
Playground Inspection Certification for employees working in the Parks Division.
Arborist Certificate for employees working in the Parks Division. (2) Bilingual Pay ‐ Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base who are certified as fluent only in verbal Spanish language will receive a 2.5% pay differential that is added to the employee's base salary. (3) Standby Pay ‐ Shall be paid at a rate of $525.00 per week to those employees in the Public Works Department who are required to be on Standby for an entire week (Friday the following at Friday 7:00 a.m.). If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period. (6) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Steps
Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:
Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period.
Employees assigned to Parks‐Trees‐Buildings ‐ $33.06 per pay period.
Employees assigned to the Wastewater Treatment Plant (Chief Plant Operator and Plant Operator II) ‐ $9.29 per pay period.
Employees assigned to the Wastewater Treatment Plant (Plant Operator III) ‐ $5.79 per pay period. "Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater Treatment Plant, enabling those employees to perform other plant.
A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the city.
Administrative Services Department Page 4 2/21/2024
Agenda Item #11.7.
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF ST. HELENA & ST. HELENA EMPLOYEE ASSOCIATION
The City of St. Helena, hereina�er called “City,” and the St. Helena Employee Associa�on, hereina�er called “SHEA,” have met and conferred and reached agreement to amend the July 1, 2022 MOU between the City and SHEA.
Underground U�li�es Series Pay Adjustment with New Salary Schedule Current salary schedule:
Position Current
Max Step
Maintenance Worker I 74,445
Maintenance Worker II 81,896
Lead Maintenance Worker 90,081
Underground Utilities
Superintendent 109,218
Effec�ve Mar 1, 2024 salary schedule:
Position Max Step %
Variance
Maintenance Worker I 77,829 4.5%
Maintenance Worker II 85,619 4.5%
Lead Maintenance Worker 94,176 4.5%
Underground Utilities
Superintendent 113,747 4.1%
For City For SHEA
____________________________________ ________________________________ Anil Comelo, City Manager Richard Reed, Labor Consultant Agenda Item #11.7.
Background/Jus�fica�on
In 2019, the City authorized all posi�ons in SHEA to be paid at 95% of the market median in furtherance of equity, successful recrui�ng and employee reten�on, based on the comparable ci�es enumerated in the July 1, 2022 MOU between the Par�es.
While the City con�nues to develop funding for its compe�ng priori�es, it must carefully priori�ze expense decisions balancing the needs of the cons�tuents, the employee pay philosophy and goals as well as required City programs and plans.
The demand for maintenance service coupled with a shortage of candidates to fill cri�cal roles requires immediate aten�on to con�nue sa�sfactory City service. Therefore, the City has authorized the above pay adjustment.
Agenda Item #11.7.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 27, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Approval of a resolution establishing an on-call list for tree maintenance services and authorizing execution of three agreements: (1) West Coast Arborist for a not-to-exceed amount of $127,500 (2) Mountain F Enterprises, Inc for a Not-To-Exceed amount of $56,250 and (3) Skyview Tree
Experts for a Not-To-Exceed amount of $56,250, each for a 3-year period.
GOAL: Goal 7: Enhance Organizational Effectiveness
RECOMMENDED
ACTION:
Approve agreements for on-call tree maintenance services with West Coast Arborist, Skyview Tree Experts and
Mountain F. Enterprises, Inc.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Execution agreements with three vendors for on-call tree maintenance and emergency tree services.
FINANCIAL IMPACT: The financial impact are the total contracts combined value of $85,000 annually, not-to-exceed $255,000 over the
three-year period. The value of the three contracts is
included in the approved operating budget for FY24 and
FY25, therefore no additional funds are requested.
BACKGROUND:
The City of St. Helena Public Works Department is responsible for the maintenance of street trees within public rights-of-way, as well as within parks, open spaces, City facilities and other City properties. Tree maintenance is an important element of the Public Works Department's operations in order to ensure the safety of the public on city streets, parks and open spaces, and to protect the longevity and structural health of the trees. There are ongoing routine maintenance needs as well as increasing climaterelated weather events that have severe impacts to our tree community requiring a timesensitive response.
A Request for Proposals was released on November 17, 2023, for on-call tree maintenance services. The goal was to retain a list of qualified companies which could supplement the City’s on-going tree evaluations and conduct tree maintenance work that is not currently performed by in-house staff due to equipment limitations, as well as being responsive respond in emergencies. The RFP scope of work requested bids for performing safety and grid pruning, removal and planting of trees, inventory system Agenda Item #11.8.
management, watering and other arboriculture related services. The term of the agreement was solicited for three years, with two, one-year extensions and included within the bid was the option to award to multiple vendors.
DISCUSSION:
The scope of work proposed in the RFP consisted of pruning street and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and inventory of trees. This work also includes scheduled crew pruning according to a mutually established maintenance schedule as well as emergency call outs, over and above the grid pruning.
Bid responses were due on Friday December 15, 2023, and six proposals were received. All six were verified as responsive, then rated by the on-call tree RFP maintenance selection team. The top three vendors have been selected both based on quality of application, consultant identification and team, references and project examples, as well as cost.
Bidding Firms Deemed Responsive
Skyview Tree Experts Yes
West Coast Arborist Yes
Julian Cabrera Tree Care Yes
Mountain F Enterprises, Inc. Yes
The Professional Tree Care Yes
Pacific Tree Care Yes
The City’s Purchasing Policy requires contracts for maintenance services to be awarded to the lowest priced responsible and suitable bidder taking into consideration quality, service, fitness or capacity to the particular requirements of the City, and price. Taking into consideration quality, services, fitness or capacity to the requirements of the City, and price, the proposals provided by Skyview Tree Experts, West Coast Arborist and Mountain F. Enterprises have been verified as the three lowest responsive and responsible.
Staff has contacted all bidders and recommends entering into professional services agreements with four different vendors: West Coast Arborist, Skyview Tree Experts and Mountain F. Enterprises, Inc., each for a 3-year period, with two possible one-year extensions. Staff recommends the top rated vendor, West Coast Arborist will have an agreement not-to-exceed $127,500 and Mountain F. Enterprises and the Skyview Tree Experts will have agreements not-to-exceed $56,250 each.
ENVIRONMENTAL REVIEW: This is not a CEQA project.
DOCUMENTS ATTACHMENTS:
Resolution Tree Maintenance Services
Bid Response - Tree Maintenance
Agenda Item #11.8.
20240213 PSA Tree Maintenance WCA Final
20240213 PSA Tree Maintenance MFE Final
20240213 PSA Tree Maintenance STE
Agenda Item #11.8.
CITY OF ST. HELENA
RESOLUTION NO.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ST.
HELENA APPROVING THREE
PROFESSIONAL SERVICES
AGREEMENTS WITH (1) WEST
COAST ARBORIST FOR A
NOT-TO-EXCEED CONTRACT
VALUE OF $127,500, (2)
MOUNTAIN F ENTERPRISES
AND (3) SKYVIEW TREE EACH
FOR NOT TO EXCEED
CONTRACTS OF $56,250 FOR
TREE MAINTENANCE
SERVICES, EACH FOR A 3-
YEAR PERIOD AND
AUTHORIZING THE CITY
MANAGER TO EXECUTE THE
AGREEMENTS
RECITALS
A. WHEREAS, The City of St. Helena
Public Works Streets and Trees Division
is responsible for the maintenance of
street trees within public rights-of-way,
as well as within parks, open spaces,
City facilities and other City properties.
B. WHEREAS, Tree maintenance is an
important element of the Public Works
Department's operations in order to
ensure the safety of the public on city
streets, parks and open spaces, and to
protect the longevity and structural
health of the trees.
C. WHEREAS, There are ongoing routine
maintenance needs as well as
increasing climate related weather
Agenda Item #11.8.
events that have severe impacts to our
tree community requiring a time
sensitive response.
D. WHEREAS, A Request for Proposals
was released on November 17, 2023 for
on-call tree maintenance services for
performing safety and grid pruning,
removal and planting of trees, inventory
system management, watering and
other arboriculture related services.
E. WHEREAS, Bids were received on
December 15th and six proposals were
received. All six were verified as
responsive, then rated by the on-call
tree RFP maintenance selection team.
F. WHEREAS, Due to the unpredictable
timing need for the services, multiple
vendors are necessary. The top three
vendors have been selected both based
on quality of application, consultant
identification and team, references and
project examples, as well as cost.
RESOLUTION
NOW, THEREFORE, the City Council of the
City of St. Helena resolves as follows:
1. Authorizes the execution of three
Professional Service Agreement each
for a 3-year period for tree maintenance
services for a total value not to exceed
$255,000 with:
a. West Coast Arborist contract
value not-to-exceed $127,500
b. Mountain F. Enterprises contract
value not-to-exceed $56,250.
c. Skyview Tree Experts contract
value of not-to-exceed $56,250.
2. Authorizes the City Manager to execute
the agreements.
Approved at a Regular Meeting of the St.
Helena City Council on February 27 2024, by
the following vote:
Agenda Item #11.8.
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________
________________________
Paul Jamison Dohring, Mayor Cindy
Tzafopoulos, City Clerk
Agenda Item #11.8.
City of St. Helena
Public Works Department
1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.org
Bid Results for Posted Request for Proposals or Bids
Project Title: Tree Maintenance Services
Proposal Due Date: December 15, 2023
Proposer
Aggregate Rating
(100 points)
West Coast Arborist 95.4
Mountain F Enterprises, Inc 95.4
Skyview Tree Experts 85.5
The Professional Tree Care 85.4
Pacific Tree Care 80.4
Julian Cabrera Tree Care 50.4
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
AGREEMENT FOR PROFESSIONAL SERVICES
TREE MAINTENANCE SERVICES
THIS AGREEMENT, made and entered into on February 13, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and West Coast Arborist (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Tree Maintenance Services
B. The City of St. Helena Public Works Streets and Trees Division is responsible for the maintenance of street trees within public rights-of-way, as well as within parks, open spaces, City facilities and other City properties.
C. Tree maintenance is an important element of the Public Works Department's operations in order to ensure the safety of the public on city streets, parks and open spaces, and to protect the longevity and structural health of the trees.
D. There are ongoing routine maintenance needs as well as increasing climate related weather events that have severe impacts to our tree community requiring a time sensitive response.
E. A Request for Proposals was released on November 17, 2023, for on-call tree maintenance services for performing safety and grid pruning, removal and planting of trees, inventory system management, watering and other arboriculture related services.
F. Bids were received on December 15th and six proposals were received. All six were verified as responsive, then rated by the on-call tree RFP maintenance selection team.
G. Due to the unpredictable timing need for the services, multiple vendors are necessary.
The top three vendors have been selected both based on quality of application, consultant identification and team, references and project examples, as well as cost.
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, “Scope of Services” that was included in the Request for Proposals and made part of this Agreement. Within the first month of this contract, the Public Works department and the Consultant will draft and agree upon a preventative maintenance schedule for Tree Maintenance. All other services will be provided on an on-call basis, and are conditioned upon response times as listed in Section 3.
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
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
The term of this agreement is for three years, with the option of two one (1) year extensions that can be issued upon written agreement of both parties within 30 days of contract expiration.
Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification.
Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
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 for each service described in Section 1, at the rates listed in the Exhibit B “Rate Schedule”. Total compensation shall not exceed $127,500.00 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, 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 Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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
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.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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.
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.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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 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.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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.
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 Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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
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 #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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 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 Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
“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, 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 Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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, sent by facsimile, email, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Patrick Mahoney
West Coast Arborist, Inc.
781 San Pablo Avenue
Pinole, CA 94564
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.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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.
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 Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
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
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: Patrick Mahoney Name: Anil Comelo
Title: President Title: City Manager
Approved as to Form:
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
EXHIBIT A – SCOPE OF WORK
This work shall consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and inventory of trees as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day, in the area as specified in these specifications and the special provisions. The Contractor will cease all pruning activities when the designated number of trees has been pruned. Regardless of size of the tree the price to prune will be the same for all grid and park trees. This work also includes scheduled crew pruning according to a mutually established maintenance schedule as well as emergency call outs, over and above the grid pruning. All green waste to be disposed of by the Contractor and the cost to be included within the various bid items.
Other Provisions
A. The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract B. Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
C. Contractor shall maintain an adequate crew of employees to perform the service required.
D. Unit prices quoted shall include all required safety equipment owned and available for work.
E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.
F. Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor.
G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company
H. Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of St. Helena, if requested.
I. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition J. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.
K. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.
L. Contractor must be compliant at all times with the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work upon Highways, published by the California Department of Transportation.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
M. Contractor shall also comply with the International Society of Arboriculture (ISA) Pruning Standards, latest revised edition of the Western Chapter, Standards for Nursery Stock by the American Association of Nurserymen, and the American National Standards for tree care operations.
N. A certified arborist must be on the Contractor’s staff. Although a certified arborist does not have to be onsite at all times, a certified arborist must be on-call and available to answer questions as they arise.
O. Public Convenience. Contractor shall perform all tree trimming/maintenance operations in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and evening and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition.
P. Tree Inventory. The City is working on developing a current tree inventory, and the selected contractor shall ensure that the tree inventory remains up to date.
Q. Pictures. Contractor is to supply representative of “Before and After” trimming pictures that are suitable for reproduction when requested by the City.
R. Tree Health Report Contractor is to supply a tree health report after any inspection or work.
S. Tree Planting. Contractor to follow the guidelines as outlined in the City’s Standard Tree Planting and Staking (L-17) standards and Tree Root Barrier (L-18) standards. There is no tree establishment period, however, there is a 90-day warranty for the workmanship and health of the nursery stock for newly planted trees. If a tree failure is a result of vandalism, trauma or irrigation failures, however, the warranty shall not apply.
T. Response Criteria for Emergency Routine Services
a. The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
b. Emergency Response - The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
c. Emergency Work - In the event that emergency work is required, the Contractor shall notify the Director of Public Services or representative by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed.
U. The City will only pay for hours and work performed. The City may, in accordance with the Specifications, order more or less work as necessary at the City’s sole discretion, as increased or decreased by the hourly rates noted and payment will be made for the amount of work or materials actually provided as determined by the City and accepted at the hourly rates noted in the bid.
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
Exhibit B – Cost Proposal
Consultant hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for Tree Maintenance services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:
Item
No.
Preventative Maintenance At City
Facilities
UNIT UNIT PRICE
1. Residential Grid and Park Pruning Per tree $150.00
2. Full Trim Based on Service or Special
Requests
Per tree $325.00
3. Complete Tree / Removal – Under 36”
(including stump/roots)
Per tree $1800.00
4. Complete Tree / Removal – Over 36”
(including stump/roots)
Per tree $3600.00
5. Stump Removal (including roots) Per tree $350.00
6. Tree Planting – 15-gallon tree with linear
root barrier
Per tree $325.00
7. Tree Planting – 15-gallon tree without root
barrier
Per tree $275.00
8. Tree Planting – 24-inch box tree with linear
root barrier
Per tree $575.00
9. Evaluations by certified arborist with verbal
recommendations
Hourly $180.00
10. Tree Watering Hourly $110.00
11. Crew Rates (Regular Time) Hourly - per worker $110.00
12. Crew Rates (Emergency Response) Hourly – per worker $159.00
13. Tree Treatments Hourly – per worker $159.00
LABOR: Scheduled Work – Straight Time
Item
No.
Item
Description
Item Unit Price
(Cost/Hour)
1 Tree Service Foreman 1 $110.00
2 Tree Service Laborer 1 $110.00
3 Traffic Control
Laborer/Flagger
1 $110.00
4 Tree Consultation with
Arborist
1 $180.00
LABOR: Scheduled work – Emergency Call out work – Straight Time Item
No.
Item
Description
Unit Price
(Cost/Hour)
1 Tree Service Foreman $159.00
2 Tree Service Laborer $159.00
3 Traffic Control Laborer/Flagger $159.00
4 Tree Consultation with Arborist $280.00
Agenda Item #11.8.
Tree Maintenance Services – West Coast Arborist 2024
EQUIPMENT: ALL WORK
Item
No.
Item Description Unit Price/Cost
per Hour
1. Chipper with Chip Truck $25.00
2. Bucket Truck $25.00
3. Crew Truck (pickup) $25.00
4. Stump Grinder $25.00
5. Crane Truck $150.00
6. Roll Off Truck W/Loader $150.00
7. Masticator $150.00
Prices above shall include fuel, oil, lubrication, supplies, necessary attachments, repairs, maintenance, depreciation, storage, dump fees and all incidentals including the cost of small tools such as chain saws. Equipment used for which an hourly rate is not stated in the table above will be paid in accordance with the current Caltrans Equipment Rental Rate Book along with a 15% markup.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024
AGREEMENT FOR PROFESSIONAL SERVICES
TREE MAINTENANCE SERVICES
THIS AGREEMENT, made and entered into on February 13, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Mountain F.
Enterprises, Inc (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Tree Maintenance Services
B. The City of St. Helena Public Works Streets and Trees Division is responsible for the maintenance of street trees within public rights-of-way, as well as within parks, open spaces, City facilities and other City properties.
C. Tree maintenance is an important element of the Public Works Department's operations in order to ensure the safety of the public on city streets, parks and open spaces, and to protect the longevity and structural health of the trees.
D. There are ongoing routine maintenance needs as well as increasing climate related weather events that have severe impacts to our tree community requiring a time sensitive response.
E. A Request for Proposals was released on November 17, 2023, for on-call tree maintenance services for performing safety and grid pruning, removal and planting of trees, inventory system management, watering and other arboriculture related services.
F. Bids were received on December 15th and six proposals were received. All six were verified as responsive, then rated by the on-call tree RFP maintenance selection team.
G. Due to the unpredictable timing need for the services, multiple vendors are necessary.
The top three vendors have been selected both based on quality of application, consultant identification and team, references and project examples, as well as cost.
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, “Scope of Services” that was included in the Request for Proposals and made part of this Agreement. Within the first month of this contract, the Public Works department and the Consultant will draft and agree upon a preventative maintenance schedule for Tree Maintenance. All other services will be provided on an on-call basis, and are conditioned upon response times as listed in Section 3.
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
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 The term of this agreement is for three years, with the option of two one (1) year extensions that can be issued upon written agreement of both parties within 30 days of contract expiration.
Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification.
Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
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 for each service described in Section 1, at the rates listed in the Exhibit B “Rate Schedule”. Total compensation shall not exceed $56,250.00 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, 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 Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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
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.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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.
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.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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 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.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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.
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 Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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
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 #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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 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 Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 “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, 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 Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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, sent by facsimile, email, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Jim Finney
Mountain F Enterprises Inc
950 Iron Point Road, #210
Folsom, CA 95630
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.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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.
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 Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 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
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: Jim Finney Name: Anil Comelo
Title: Project Manager Title: City Manager
Approved as to Form:
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 EXHIBIT A – SCOPE OF WORK
This work shall consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and inventory of trees as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day, in the area as specified in these specifications and the special provisions. The Contractor will cease all pruning activities when the designated number of trees has been pruned. Regardless of size of the tree the price to prune will be the same for all grid and park trees. This work also includes scheduled crew pruning according to a mutually established maintenance schedule as well as emergency call outs, over and above the grid pruning. All green waste to be disposed of by the Contractor and the cost to be included within the various bid items.
Other Provisions
A. The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract B. Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
C. Contractor shall maintain an adequate crew of employees to perform the service required.
D. Unit prices quoted shall include all required safety equipment owned and available for work.
E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.
F. Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor.
G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company
H. Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of St. Helena, if requested.
I. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition J. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.
K. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.
L. Contractor must be compliant at all times with the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work upon Highways, published by the California Department of Transportation.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 M. Contractor shall also comply with the International Society of Arboriculture (ISA) Pruning Standards, latest revised edition of the Western Chapter, Standards for Nursery Stock by the American Association of Nurserymen, and the American National Standards for tree care operations.
N. A certified arborist must be on the Contractor’s staff. Although a certified arborist does not have to be onsite at all times, a certified arborist must be on-call and available to answer questions as they arise.
O. Public Convenience. Contractor shall perform all tree trimming/maintenance operations in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and evening and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition.
P. Tree Inventory. The City is working on developing a current tree inventory, and the selected contractor shall ensure that the tree inventory remains up to date.
Q. Pictures. Contractor is to supply representative of “Before and After” trimming pictures that are suitable for reproduction when requested by the City.
R. Tree Health Report Contractor is to supply a tree health report after any inspection or work.
S. Tree Planting. Contractor to follow the guidelines as outlined in the City’s Standard Tree Planting and Staking (L-17) standards and Tree Root Barrier (L-18) standards. There is no tree establishment period, however, there is a 90-day warranty for the workmanship and health of the nursery stock for newly planted trees. If a tree failure is a result of vandalism, trauma or irrigation failures, however, the warranty shall not apply.
T. Response Criteria for Emergency Routine Services
a. The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
b. Emergency Response - The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
c. Emergency Work - In the event that emergency work is required, the Contractor shall notify the Director of Public Services or representative by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed.
U. The City will only pay for hours and work performed. The City may, in accordance with the Specifications, order more or less work as necessary at the City’s sole discretion, as increased or decreased by the hourly rates noted and payment will be made for the amount of work or materials actually provided as determined by the City and accepted at the hourly rates noted in the bid.
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 Exhibit B – Cost Proposal
Consultant hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for Tree Maintenance services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:
Item
No.
Preventative Maintenance At City
Facilities
UNIT UNIT PRICE
1. Residential Grid and Park Pruning Per tree $135.00
2. Full Trim Based on Service or Special
Requests
Per tree $550.00
3. Complete Tree / Removal – Under 36”
(including stump/roots)
Per tree $1750.00
4. Complete Tree / Removal – Over 36”
(including stump/roots)
Per tree $3450.00
5. Stump Removal (including roots) Per tree $300.00
6. Tree Planting – 15-gallon tree with linear
root barrier
Per tree $265.00
7. Tree Planting – 15-gallon tree without root
barrier
Per tree $220.00
8. Tree Planting – 24-inch box tree with linear
root barrier
Per tree $600.00
9. Evaluations by certified arborist with verbal
recommendations
Hourly $145.00
10. Tree Watering Hourly $88.00
11. Crew Rates (Regular Time) Hourly $355.00
12. Crew Rates (Emergency Response) Hourly $480.00
LABOR: Scheduled Work – Straight Time
Item
No.
Item
Description
Item Unit Price
(Cost/Hour)
1 Tree Service Foreman 1 $105.00
2 Tree Service Laborer 1 $95.00
3 Traffic Control
Laborer/Flagger
1 $90.00
4 Tree Consultation with
Arborist
1 $145.00
LABOR: Scheduled work – Emergency Call out work – Straight Time Item
No.
Item
Description
Unit Price
(Cost/Hour)
1 Tree Service Foreman $145.00
2 Tree Service Laborer $165.00
3 Traffic Control Laborer/Flagger $165.00
4 Tree Consultation with Arborist $165.00
Agenda Item #11.8.
Tree Maintenance Services – Mountain F Enterprises Inc. 2024 EQUIPMENT: ALL WORK
Item
No.
Item Description Unit Price/Cost
per Hour
Chipper with Chip Truck $75.00
Bucket Truck $45.00
Crew Truck (pickup) $25.00
Stump Grinder $65.00
Crane Truck $380.00
CAT 2790 $70.00
Prices above shall include fuel, oil, lubrication, supplies, necessary attachments, repairs, maintenance, depreciation, storage, dump fees and all incidentals including the cost of small tools such as chain saws. Equipment used for which an hourly rate is not stated in the table above will be paid in accordance with the current Caltrans Equipment Rental Rate Book along with a 15% markup.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024
AGREEMENT FOR PROFESSIONAL SERVICES
TREE MAINTENANCE SERVICES
THIS AGREEMENT, made and entered into on February 13, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Skyview Tree Experts, Inc (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Tree Maintenance Services
B. The City of St. Helena Public Works Streets and Trees Division is responsible for the maintenance of street trees within public rights-of-way, as well as within parks, open spaces, City facilities and other City properties.
C. Tree maintenance is an important element of the Public Works Department's operations in order to ensure the safety of the public on city streets, parks and open spaces, and to protect the longevity and structural health of the trees.
D. There are ongoing routine maintenance needs as well as increasing climate related weather events that have severe impacts to our tree community requiring a time sensitive response.
E. A Request for Proposals was released on November 17, 2023, for on-call tree maintenance services for performing safety and grid pruning, removal and planting of trees, inventory system management, watering and other arboriculture related services.
F. Bids were received on December 15th and six proposals were received. All six were verified as responsive, then rated by the on-call tree RFP maintenance selection team.
G. Due to the unpredictable timing need for the services, multiple vendors are necessary.
The top three vendors have been selected both based on quality of application, consultant identification and team, references and project examples, as well as cost.
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, “Scope of Services” that was included in the Request for Proposals and made part of this Agreement. Within the first month of this contract, the Public Works department and the Consultant will draft and agree upon a preventative maintenance schedule for Tree Maintenance. All other services will be provided on an on-call basis, and are conditioned upon response times as listed in Section 3.
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
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 The term of this agreement is for three years, with the option of two one (1) year extensions that can be issued upon written agreement of both parties within 30 days of contract expiration.
Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification.
Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
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 for each service described in Section 1, at the rates listed in the Exhibit B “Rate Schedule”. Total compensation shall not exceed $56,250.00 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, 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 Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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
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.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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.
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.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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 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.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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.
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 Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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
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 #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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 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 Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 “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, 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 Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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-entities 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, sent by facsimile, email, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Dan Dunn
Skyview Tree Experts, Inc
P.O. Box 8326
Santa Rosa, CA 95407
[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
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.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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.
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 Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 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
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: Dan Dunn Name: Anil Comelo
Title: President Title: City Manager
Approved as to Form:
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 EXHIBIT A – SCOPE OF WORK
This work shall consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and inventory of trees as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day, in the area as specified in these specifications and the special provisions. The Contractor will cease all pruning activities when the designated number of trees has been pruned. Regardless of size of the tree the price to prune will be the same for all grid and park trees. This work also includes scheduled crew pruning according to a mutually established maintenance schedule as well as emergency call outs, over and above the grid pruning. All green waste to be disposed of by the Contractor and the cost to be included within the various bid items.
Other Provisions
A. The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract B. Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
C. Contractor shall maintain an adequate crew of employees to perform the service required.
D. Unit prices quoted shall include all required safety equipment owned and available for work.
E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.
F. Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor.
G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company
H. Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of St. Helena, if requested.
I. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition J. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.
K. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.
L. Contractor must be compliant at all times with the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work upon Highways, published by the California Department of Transportation.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 M. Contractor shall also comply with the International Society of Arboriculture (ISA) Pruning Standards, latest revised edition of the Western Chapter, Standards for Nursery Stock by the American Association of Nurserymen, and the American National Standards for tree care operations.
N. A certified arborist must be on the Contractor’s staff. Although a certified arborist does not have to be onsite at all times, a certified arborist must be on-call and available to answer questions as they arise.
O. Public Convenience. Contractor shall perform all tree trimming/maintenance operations in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and evening and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition.
P. Tree Inventory. The City is working on developing a current tree inventory, and the selected contractor shall ensure that the tree inventory remains up to date.
Q. Pictures. Contractor is to supply representative of “Before and After” trimming pictures that are suitable for reproduction when requested by the City.
R. Tree Health Report Contractor is to supply a tree health report after any inspection or work.
S. Tree Planting. Contractor to follow the guidelines as outlined in the City’s Standard Tree Planting and Staking (L-17) standards and Tree Root Barrier (L-18) standards. There is no tree establishment period, however, there is a 90-day warranty for the workmanship and health of the nursery stock for newly planted trees. If a tree failure is a result of vandalism, trauma or irrigation failures, however, the warranty shall not apply.
T. Response Criteria for Emergency Routine Services
a. The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.
b. Emergency Response - The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
c. Emergency Work - In the event that emergency work is required, the Contractor shall notify the Director of Public Services or representative by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed.
U. The City will only pay for hours and work performed. The City may, in accordance with the Specifications, order more or less work as necessary at the City’s sole discretion, as increased or decreased by the hourly rates noted and payment will be made for the amount of work or materials actually provided as determined by the City and accepted at the hourly rates noted in the bid.
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 Exhibit B – Cost Proposal
Consultant hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for Tree Maintenance services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:
Item
No.
Preventative Maintenance At City
Facilities
UNIT UNIT PRICE
1. Residential Grid and Park Pruning Per tree $265.00
2. Full Trim Based on Service or Special
Requests
Per tree $495.00
3. Complete Tree / Removal – Under 36”
(including stump/roots)
Per tree $2600.00
4. Complete Tree / Removal – Over 36”
(including stump/roots)
Per tree $4600.00
5. Stump Removal (including roots) Per tree $325.00
6. Tree Planting – 15-gallon tree with linear
root barrier
Per tree $265.00
7. Tree Planting – 15-gallon tree without root
barrier
Per tree $200.00
8. Tree Planting – 24-inch box tree with linear
root barrier
Per tree $515.00
9. Evaluations by certified arborist with verbal
recommendations
Hourly $195.00
10. Tree Watering Hourly $95.00
11. Crew Rates (Regular Time) Hourly $375.00
12. Crew Rates (Emergency Response) Hourly $535.00
13. Tree Treatments Hourly $190.00
LABOR: Scheduled Work – Straight Time
Item
No.
Item
Description
Item Unit Price
(Cost/Hour)
1 Tree Service Foreman 1 $135.00
2 Tree Service Laborer 1 $125.00
3 Traffic Control
Laborer/Flagger
1 $125.00
4 Tree Consultation with
Arborist
1 $215.00
LABOR: Scheduled work – Emergency Call out work – Straight Time Item
No.
Item
Description
Unit Price
(Cost/Hour)
1 Tree Service Foreman $150.00
2 Tree Service Laborer $150.00
3 Traffic Control Laborer/Flagger $150.00
4 Tree Consultation with Arborist $265.00
Agenda Item #11.8.
Tree Maintenance Services – Skyview Tree Experts, Inc 2024 EQUIPMENT: ALL WORK
Item
No.
Item Description Unit Price/Cost
per Hour
Chipper with Chip Truck $70.00
Bucket Truck $160.00
Crew Truck (pickup) $45.00
Stump Grinder $65.00
Crane Truck $276.00
Prices above shall include fuel, oil, lubrication, supplies, necessary attachments, repairs, maintenance, depreciation, storage, dump fees and all incidentals including the cost of small tools such as chain saws. Equipment used for which an hourly rate is not stated in the table above will be paid in accordance with the current Caltrans Equipment Rental Rate Book along with a 15% markup.
Agenda Item #11.8.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 27, 2024
FROM: Clayton Church, Public Works Operations Manager,
Lesley Milton, Asst. to the City Manager
SUBJECT: Authorization to enter into a lease-purchase agreement with Enterprise Fleet Management to lease and purchase
ten (10) new operations vehicles for the Public Works and Fire departments for a not to exceed cost of $516,166.95 which includes a 15% contingency for supply variations
and authorization to lease comparable vehicles should the proposed vehicles not be available.
GOAL: Goal 1: Strengthen Financial Sustainability, Goal 2:
Improve Infrastructure & Further Environmental
Sustainability, Goal 7: Enhance Organizational
Effectiveness
RECOMMENDED
ACTION:
Staff recommends authorizing the City Manager authority to purchase of 10 vehicles with the recommended
replacements (listed in appendix A) based on SourceWell pricing and availability from Enterprise. City staff are dedicated to the Council’s goal of integrating alternative fuels into the City fleet and lowering the City’s carbon and environmental footprint.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Authorize the lease/purchase of ten (10) new vehicles:
replacing seven (7) gas or diesel vehicles with more fuelefficient models and two (2) mid-sized dump trucks for Public Works Dept and one (1) extra-large pick-up diesel vehicles for the Fire Department.
FINANCIAL IMPACT: The Financial Impact is a total not-to-exceed cost of $516,167, which includes a 15% contingency in the event the proposed vehicles are not available and a comparable "like kind" vehicle is available, at a moderately higher rate.
The approved FY 23 budget included additional funding for the replacement of Public Works vehicles in the mount of $550,000, which was carried over into FY 24.
BACKGROUND:
Consistent with the City Council adopted goal of Infrastructure and Environmental Sustainability, staff has been revising the vehicle replacement strategy exploring the Agenda Item #11.9.
implementation of alternative fuels to the City Fleet. Additionally, beginning in 2024, 10% of Government Agency vehicles purchased will be required to be electric. With the City’s climate initiatives, staff has been exploring ways to reduce environmental impacts as well as use resources more efficiently. In 2019 City Council directed staff to select alterative fueled vehicles where feasible. City (i.e. Public Works, Fire and Police) vehicles are among one of the most visible forms of city government and keeping a modern, well-maintained fleet, reflects positively on the City and the respective departments.
DISCUSSION:
ENVIRONMENTAL CONSIDERATIONS
While staff has been exploring full electrification of the fleet, integrating our fleet with electric vehicles is not yet possible as technology and the City's charging infrastructure requires enhancement. Staff is working with PG&E and 3rd party vendors to assess City buildings to better understand capacity to charge electric vehicles and the costs associated with this infrastructure upgrade. While this is possible in the future, in order to maintain the current level of services in the Public Works Operations Division, the purchase of replacement vehicles at this time is necessary.
Several vehicles that have been identified for replacement and need to be authorized as surplus because they have exceeded their usable life or are beyond repair. Replacing the fleet with new vehicles will reduce repair downtime, fuel costs, and overall carbon footprint. The strategy to purchase some vehicles and lease the other is a more costeffective way to manage the fleet as the leased vehicles generate excessive mileage and need to be replaced more frequently.
CARBON IMPACT
By exchanging 10 existing vehicles in our fleet with more energy efficient and lower emitting replacements the impacts to the City's carbon emissions is a reduction of 51%.
See Attachment A for detailed information for each vehicle.
Existing Vehicles Replacement
Vehicles
Proposed
Reduction
Total CO2 emitted 61,633 30,240 51%
Total mT CO2 28 13.717 51%
Agenda Item #11.9.
VEHICLES TO BE REPLACED
Vehicle
Number
Year Make Model Mileage
117 2008 Ford F-150 109,161
100 2011 Ford F-250 142,303
101 2008 Ford F-250 96,370
103 1998 Ford Ranger 139,011
107 1999 Ford F-350 Super Duty 98,805
209 2007 Chevy S-10 116,550
201 2016 Ford Super Duty F-350
SRW
76,750
309 2008 Ford F-350 54,413
217 2018 Ford F-350 Super Duty 67,457
* Several of these vehicles are heavy duty work trucks that while they have low milage, the engines and vehicle bodies have had significant usage
PROPOSED REPLACEMENTS - PURCHASE
The city is planning to purchase the following vehicles at the following costs. See Attachment A for detailed information for each vehicle.
Vehicle No. Model Purchase
Price/Value
Total Initial
Charges on
Delivery
1 2024 Ford F-350
Chassis XL 4x4 SD
Regular Cab
$ 94,029 $9,029
2 2024 Ford F-350
Chassis XL 4x4 SD
Regular Cab
$94,029 $9,029
3 2024 Ford Police
Interceptor Utility
$58,005 $6,189
Subtotal $246,063 $24,247
Total Purchase Cost to Include
Delivery, Registration & Taxes
$270,310
*Tax Rate 8.25%
Agenda Item #11.9.
PROPOSED REPLACEMENTS - LEASED
The City is proposing to lease the following vehicles for the following costs.
Vehicle
No. Model Monthly Payment
Total
Initial
Charges
on
Delivery
Term
Total
Cost of
Lease
4 2024 Ford F-150 XL
4x2 SuperCrew Cab
5.5 ft. box 145 in.
$833.96 $624.18 60
months $52,642
5 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
6 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
7 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
8 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
9 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
10 2024 Ford Maverick
XL Front-Wheel Drive
SuperCrew 4.5 ft. box
121.1 in.
$571.70 $400.26 36
months $20,981
Total Cost to Include Delivery, Registration, and Taxes $178,531 Agenda Item #11.9.
Total Financial Impact
Total Cost to Purchase 3 Vehicles $270,310
Total Cost to Lease 7 Vehicles $178,531
Subtotal $448,841
15% Contingency $67,326
Grand Total for 10 Vehicles $516,167
Vehicles that operate above 100k miles statistically have increased likely hood of nonpreventive maintenance repairs. In 2023, the City paid $39,018 in maintenance costs for vehicles over 100k miles. Of the 27 vehicles on vehicle management program with Enterprise, it was an average repair cost of $243.19 per month. This figure does not account for the opportunity cost of the time vehicles are out of service preventing staff from being able to accomplish required city maintenance obligations.
Currently the City has an executed agreement with Enterprise for Fleet management services. As a component of that partnership, Enterprise provides the City with Sourcewell pricing ensuring the City receives the most competitive costs. Quote that include pricing for the desired vehicles and their Sourcewell pricing are included in Attachment A. Public Works has experienced difficulties ordering and procuring vehicles due to national supply chain issues and high demand for vehicles in the civilian market.
Therefore this item is requesting authorization to purchase comparable or "like kind" vehicles in the event the quoted vehicles are no longer available once the authorization to purchase has been granted.
At this time, staff recommends replacing seven (7) gasoline and/or diesel vehicles with more fuel-efficient models; as well replacing two (2) vehicles (mid-sized dump trucks) from the Public Works Department and one (1) heavy duty diesel trucks in the Fire Department in kind. A feasible electric replacement for these vehicles to meet the needs of the Operations Division is not yet available. This action would allow the City additional time to improve our electric charging infrastructure as well as replacing old vehicles with more environmentally friendly models and new cleaner burning diesels thus lowering the City’s carbon footprint, lower fuel consumption, and allow time to conduct a comprehensive evaluation of the fleet.
ENVIRONMENTAL REVIEW:
This is not a CEQA Project.
DOCUMENTS ATTACHMENTS:
20240227 PWFD Vehicle Purchases
2024 PW vehicle purchases
Attachment A Enterprise Vehicle Quotes
Agenda Item #11.9.
CITY OF ST. HELENA
RESOLUTION NO.
AUTHORIZATION TO ENTER INTO A LEASE-PURCHASE AGREEMENT
WITH ENTERPRISE FLEET MANAGEMENT TO LEASE AND PURCHASE
TEN (10) NEW OPERATIONS VEHICLES FOR THE PUBLIC WORKS AND FIRE DEPARTMENTS FOR A NOT TO EXCEED COST OF $516,166.95 WHICH INCLUDES A 15% CONTINGENCY FOR SUPPLY VARIATIONS AND
AUTHORIZATION TO LEASE COMPARABLE VEHICLES SHOULD THE
PROPOSED VEHICLES NOT BE AVAILABLE.
RECITALS
A. WHEREAS, Public Works vehicles are among one of the most visible forms of city government and keeping a modern, well maintained fleet, reflects positively on the City and the Public Works department, and B. WHEREAS, with the City’s climate initiatives, staff has been exploring ways to reduce environmental impacts as well as use resources more efficiently, and
C. WHEREAS, While staff has been exploring full electrification of the fleet, integrating our fleet with electric vehicles is not yet possible as technology and the City's charging infrastructure requires enhancement. Staff is working with PG&E and 3rd party vendors to assess City buildings to better understand capacity to charge electric vehicles and the costs associated with this infrastructure upgrade, and
D. WHEREAS, While this is possible in the future, in order to maintain the current level of services in the Public Works Operations Division, the purchase of replacement vehicles at this time is necessary, and E. WHEREAS, Several vehicles that have been identified for replacement and need to be authorized as surplus because they have exceeded their usable life or are beyond repair. Replacing the fleet with new vehicles will reduce repair downtime, fuel costs, and overall carbon foot print, and F. WHEREAS, By exchanging 9 existing vehicles in our fleet with more energy efficient and lower emitting replacements the impacts to the City's carbon emissions is a reduction of 51%, and
G. WHEREAS, The City has an executed agreement with Enterprise for Fleet management services. As a component of that partnership, Enterprise provides the City with Sourcewell pricing ensuring the City receives the most competitive costs, and
H. WHEREAS, Public Works has experienced difficulties ordering and procuring vehicles due to national supply chain issues and high demand Agenda Item #11.9.
for vehicles in the civilian market. Therefore this item is requesting authorization to purchase comparable or "like kind" vehicles in the event the quoted vehicles are no longer available once the authorization to purchase has been granted.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorize the replacement by leasing of Seven (7) gasoline and/or diesel vehicles with more fuel efficient models; as well replacement by purchasing two (2) vehicles (mid-sized dump trucks) from the Public Works Department and one (1) heavy duty diesel truck in the Fire Department with more fuel efficient options as presented.
2. Authorize up to a 15% contingency if the quoted vehicles are not available but others of “like kind” are available for purchase.
3. Authorize the City Manager to execute all purchasing documents necessary to secure the above vehicles.
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.9.
Vehicle
No. Model
Purchase
Price/Value
Total Initital
Charges on
Delivery Hybrid Y/N
MPG
Combined
Average
lbs CO2 mT CO2
1 2024 Ford F-350 Chassis XL 4x4 SD Regular Cab $ 94,029.00 $ 9,029.19 N 10 4093.229388 1.85667667 2 2024 Ford F-350 Chassis XL 4x4 SD Regular Cab $ 94,029.00 $ 9,029.19 N 10 5645.437292 2.560753557 3 2024 Ford Police Interceptor Utility $ 58,005.00 $ 6,188.90 Y 24 3152.730987 1.430069394 $ 246,063.00 $ 24,247.29
Total Purchase Cost to include Delivery, Registration & Taxes $ 270,310.29 12891.39767 5.847499622 *Tax Rate 8/25%
Vehicle
No. Model
Monthly
Payment
Total Initital
Charges on
Delivery Term
Total cost of
Lease
MPG
Combined
Average
lbs CO2 mT CO2
4 2024 Ford F-150 XL 4x2 SuperCrew Cab 5.5 ft. box 145 in. $ 866.96 $ 624.18 60 Months $ 52,641.78 23 10260.86772 4.654299 5 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 36 Months $ 20,981.46 36.5 655.929863 0.297528 6 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 37 Months $ 20,981.46 36.5 655.929863 0.297528 7 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 38 Months $ 20,981.46 36.5 655.929863 0.297528 8 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 39 Months $ 20,981.46 36.5 655.929863 0.297528 9 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 40 Months $ 20,981.46 36.5 655.929863 0.297528 10 2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. $ 571.70 $ 400.26 41 Months $ 20,981.46 36.5 655.929863 0.297528 $ 178,530.54 14196.4469 6.439466
Total Cost to Purchase 4 Vehicles $ 270,310.29
Total Cost of Lease Contract for 7 Vehicles $ 178,530.54 Total $ 448,840.83
Contingency (15%) $ 67,326.12
Grand Total for 11 Vehicles $ 516,166.95
Total Cost to include Delivery, Registration and Taxes
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Proposal Summary Proposal #: P1471809Prepared For: Church, Clayton Quantity: 6 Driver Information Base Lease Payment Initial Charges Billed upon Delivery Quote Driver ST
Use Tax
Rate
Expected
Annual
Mileage
Capitalized
Amount
(Delivered
Price per
Vehicle)
Lease
Term
Depr
Rate
Depr
Amount Mgmt Fee Interest
1 Monthly
Use Tax
Full
Maint
Program
2 Additional
Services
3 Total Monthly
Payment inc.
Tax and Addl
Services
Book Value at
Term
Initial
Charges
4 License,
Registration,
Certain Other
Charges and Tax
Total Initial
Charges Billed
upon Delivery
2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. WB - US - / Black Onyx w/Front Cloth Bucket Seats 7744896 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.267744897 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.267744898 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.267744899 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.267744900 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.267744901 CA 7.7500% 10,000 $26,688.00 24 1.3500% $360.29 $26.69 $143.60 $41.12 $571.70 $18,041.04 $0.00 $400.26 $400.26 Total Monthly Payment for 6 vehicles: $3,430.20 Total Initial Charges for 6 vehicles: $2,401.56 1Monthly Lease Charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor)2See the following pages for details of Full Maintenance Service3Additional Services may include Commercial Automotive Liability Enrollment or Physical Damage Management4Excludes License, Registration, Certain Charges, and TaxCurrent market and vehicle conditions may also affect value of vehicles.Proposal is subject to Customer's Credit Approval.Enterprise FM Trust will be the owner of the vehicles covered by this Proposal. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicles under the Master Open-End (Equity) Lease Agreement and shall have all rights and obligations of the Lessorunder the Master Open-End (Equity) Lease Agreement with respect to such vehicles.Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the orderedvehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.Lessee: City of St. Helena%signature1 %date1Signature Title Date Printed On 01/18/2024 05:24:13 PM Page 1 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Capitalized Amount Calculations Proposal #: P1471809Prepared For: Church, Clayton Quantity: 6 Quote
Capitalized Prices/
Billed on Delivery
Manufacturer
Invoice Price
Incentives& Rebates Adjustment
Capitalized
Price
of Vehicle
1 Certain
Other
Charges
Initial
License &
Registration
Fee
Capitalized
Price
Reduction
Certain Other
Charges on
CPR
Gain
Applied
from Prior
Unit
Certain
Other
Charges
on
GOP
Tax on
Incentives
Aftermarket
Equipment
Courtesy
Delivery /
Dealer
Prep Fee
Delivery
Charge
Other
Costs Total
2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. WB - US - / Black Onyx w/Front Cloth Bucket Seats 7744896
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 7744897
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 7744898
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 7744899
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 7744900
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 7744901
Capitalized Price $26,328.00 $0.00 $60.00 $26,388.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $26,688.00Billed on Delivery $0.00 $400.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400.26 ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.1Capitalized price of vehicles may be adjusted to reflect final manufacturer’s invoice. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce thecapitalized price of the vehicles.All language and acknowledgments contained in the signed proposal apply to all vehicles listed on the ‘Equity Lease Proposal Summary’ page of this document. In addition, you may incur additional fees required to register and operate these vehicles in accordance with various state,county, and city titling, registration, and tax laws.%intial1Initials Printed On 01/18/2024 05:24:13 PM Page 2 of 6
Agenda Item #11.9.
VEHICLE INFORMATION:
2024 Ford Maverick XL Front-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. WB - US Series ID: W8A
SELECTED COLOR:
SELECTED OPTIONS:
Quantity: 6
Pricing Summary:
INVOICE MSRP
Base Vehicle $ 23,338.00 $ 23,815.00
Total Options $ 1,395.00 $ 1,500.00
Destination Charge $ 1,595.00 $ 1,595.00
Total Price $ 26,328.00 $ 26,910.00
Exterior: -
Interior: 9W - Black Onyx w/Front Cloth Bucket Seats
CODE DESCRIPTION INVOICE MSRP
100A Equipment Group 100A Standard NC NC
121WB 121" Wheelbase STD STD
425 50-State Emissions System STD STD
445 Transmission: Automatic Continuous Variable (CVT) NA NA 64Z Wheels: 17" Steel w/Sparkle Silver Painted Cover Included Included 9 Front Cloth Bucket Seats Included Included
993 Engine: 2.5L Hybrid $ 1,395.00 $ 1,500.00
9W_02 Black Onyx w/Front Cloth Bucket Seats NC NC
NONGV GVWR: 5,180 lbs Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.63 Axle Ratio Included Included
STDRD Radio: AM/FM Stereo w/6 Speakers Included Included STDTR Tires: P225/65R17 A/S BSW Included Included
Printed On 01/18/2024 05:24:13 PM Page 3 of 6
Agenda Item #11.9.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: manual folding side-view door mirrors Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper
Box Style: regular
Body Material: galvanized steel/aluminum body material
Grille: black grille
Convenience Features:
Air Conditioning automatic air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Fuel Remote Release: power fuel remote release
Power Windows: power windows with driver 1-touch down
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: auxiliary driver and passenger-side visor mirrors Emergency SOS: 911 Assist
Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 1 seatback storage pockets
Dashboard Storage: dashboard storage
IP Storage: bin instrument-panel storage
Rear Underseat Storage Tray: rear underseat storage tray Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Radio Data System: radio data system
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-Dimming Headlights: Auto High Beam auto high-beam headlights Cab Clearance Lights: cargo bed light
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Printed On 01/18/2024 05:24:13 PM Page 4 of 6
Agenda Item #11.9.
Trip Computer: trip computer
Trip Odometer: trip odometer
Front Pedestrian Braking: front pedestrian detection
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Clock: in-radio display clock
Systems Monitor: driver information centre
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front and rear seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: manual tailgate/rear door lock Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 6-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Height Adjustment: manual height-adjustable driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear full bench seat
Rear Folding Position: rear seat fold-forward seatback
Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: coloured instrument panel insert, door panel insert, console insert Printed On 01/18/2024 05:24:13 PM Page 5 of 6
Agenda Item #11.9.
Shift Knob Trim: urethane shift knob
Floor Mats: carpet front floor mats
Standard Engine:
Engine 191-hp, 2.5-liter I-4 (hybrid regular gas)
Standard Transmission:
Transmission 2-speed CVT w/ OD
Printed On 01/18/2024 05:24:13 PM Page 6 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Proposal Summary Proposal #: P1471858Prepared For: Church, Clayton Quantity: 1 Driver Information Base Lease Payment Initial Charges Billed upon Delivery Quote Driver ST
Use Tax
Rate
Expected
Annual
Mileage
Capitalized
Amount
(Delivered
Price per
Vehicle)
Lease
Term
Depr
Rate
Depr
Amount Mgmt Fee Interest
1 Monthly
Use Tax
Full
Maint
Program
2 Additional
Services
3 Total Monthly
Payment inc.
Tax and Addl
Services
Book Value at
Term
Initial
Charges
4 License,
Registration,
Certain Other
Charges and Tax
Total Initial
Charges Billed
upon Delivery
2024 Ford F-150 XL 4x2 SuperCrew Cab 5.5 ft. box 145 in. WB - US Oxford White / Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat 7745025 CA 7.7500% 6,000 $43,912.00 60 1.3500% $592.81 $43.91 $167.88 $62.36 $866.96 $8,343.40 $0.00 $624.18 $624.18 Total Monthly Payment for 1 vehicles: $866.96 Total Initial Charges for 1 vehicles: $624.18 1Monthly Lease Charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor)2See the following pages for details of Full Maintenance Service3Additional Services may include Commercial Automotive Liability Enrollment or Physical Damage Management4Excludes License, Registration, Certain Charges, and TaxCurrent market and vehicle conditions may also affect value of vehicles.Proposal is subject to Customer's Credit Approval.Enterprise FM Trust will be the owner of the vehicles covered by this Proposal. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicles under the Master Open-End (Equity) Lease Agreement and shall have all rights and obligations of the Lessorunder the Master Open-End (Equity) Lease Agreement with respect to such vehicles.Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the orderedvehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.Lessee: City of St. Helena%signature1 %date1Signature Title Date Printed On 01/18/2024 06:07:33 PM Page 1 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Capitalized Amount Calculations Proposal #: P1471858Prepared For: Church, Clayton Quantity: 1 Quote
Capitalized Prices/
Billed on Delivery
Manufacturer
Invoice Price
Incentives& Rebates Adjustment
Capitalized
Price
of Vehicle
1 Certain
Other
Charges
Initial
License &
Registration
Fee
Capitalized
Price
Reduction
Certain Other
Charges on
CPR
Gain
Applied
from Prior
Unit
Certain
Other
Charges
on
GOP
Tax on
Incentives
Aftermarket
Equipment
Courtesy
Delivery /
Dealer
Prep Fee
Delivery
Charge
Other
Costs Total
2024 Ford F-150 XL 4x2 SuperCrew Cab 5.5 ft. box 145 in. WB - US Oxford White / Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat 7745025
Capitalized Price $43,552.00 $0.00 $60.00 $43,612.00 $0.00 $0.00 $0.00 $300.00 $0.00 $0.00 $43,912.00Billed on Delivery $0.00 $624.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $624.18 ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.1Capitalized price of vehicles may be adjusted to reflect final manufacturer’s invoice. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce thecapitalized price of the vehicles.All language and acknowledgments contained in the signed proposal apply to all vehicles listed on the ‘Equity Lease Proposal Summary’ page of this document. In addition, you may incur additional fees required to register and operate these vehicles in accordance with various state,county, and city titling, registration, and tax laws.%intial1Initials Printed On 01/18/2024 06:07:33 PM Page 2 of 6
Agenda Item #11.9.
VEHICLE INFORMATION:
2024 Ford F-150 XL 4x2 SuperCrew Cab 5.5 ft. box 145 in. WB - US Series ID: W1K
SELECTED COLOR:
SELECTED OPTIONS:
Quantity: 1
Pricing Summary:
INVOICE MSRP
Base Vehicle $ 41,557.00 $ 43,515.00
Total Options $ 0.00 $ 0.00
Destination Charge $ 1,995.00 $ 1,995.00
Total Price $ 43,552.00 $ 45,510.00
Exterior: YZ - Oxford White
Interior: AS - Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat
CODE DESCRIPTION INVOICE MSRP
101A Equipment Group 101A Standard NC NC
145WB 145" Wheelbase STD STD
425 50 State Emissions System STD STD
44G Transmission: Electronic 10-Speed Automatic Included Included 64C Wheels: 17" Silver Steel Included Included
99P Engine: 2.7L V6 EcoBoost Included Included
A Vinyl 40/20/40 Front Seat NC NC
AS_02 Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat NC NC PAINT Monotone Paint Application STD STD
STDGV GVWR: 6,400 lbs Payload Package Included Included STDRD Radio: AM/FM SiriusXM w/360L Included Included
STDTR Tires: 245/70R17 BSW A/S Included Included
SYNC SYNC 4 w/Enhanced Voice Recognition Included Included WARANT Fleet Customer Powertrain Limited Warranty NC NC X19 3.55 Axle Ratio Included Included
YZ_01 Oxford White NC NC
Printed On 01/18/2024 06:07:33 PM Page 3 of 6
Agenda Item #11.9.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper
Box Style: regular
Integrated Storage: pickup integrated storage
Body Material: aluminum body material
: class IV trailering with harness, hitch
Grille: black grille
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Remote Engine Start: remote start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Emergency SOS: SYNC 4 911 Assist emergency communication system Navigation System: Connected Navigation navigation system with voice activation Front Cupholder: front and rear cupholders
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
Interior Concealed Storage: interior concealed storage
IP Storage: bin instrument-panel storage
Power Accessory Outlet: 1 12V DC power outlet
Entertainment Features:
radio SiriusXM with 360L AM/FM/Satellite with seek-scan Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 5G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-Dimming Headlights: Auto High Beam auto high-beam headlights Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Printed On 01/18/2024 06:07:33 PM Page 4 of 6
Agenda Item #11.9.
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: front pedestrian detection
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Clock: in-radio display clock
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Printed On 01/18/2024 06:07:33 PM Page 5 of 6
Agenda Item #11.9.
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Cabback Insulator: cabback insulator
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:
Engine 325-hp, 2.7-liter V-6 (regular gas)
Standard Transmission:
Transmission 10-speed automatic w/ OD and PowerShift automatic Printed On 01/18/2024 06:07:33 PM Page 6 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Proposal Summary Proposal #: P1471864Prepared For: Church, Clayton Quantity: 2 Driver Information Base Lease Payment Initial Charges Billed upon Delivery Quote Driver ST
Use Tax
Rate
Expected
Annual
Mileage
Capitalized
Amount
(Delivered
Price per
Vehicle)
Lease
Term
Depr
Rate
Depr
Amount Mgmt Fee Interest
1 Monthly
Use Tax
Full
Maint
Program
2 Additional
Services
3 Total Monthly
Payment inc.
Tax and Addl
Services
Book Value at
Term
Initial
Charges
4 License,
Registration,
Certain Other
Charges and Tax
Total Initial
Charges Billed
upon Delivery
2024 Ford F-350 Chassis XL 4x4 SD Regular Cab 169 in. WB DRW - US Oxford White / Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat 7745039 Almanza, Manny CA 7.7500% 10,000 $94,029.00 60 1.3500% $1,269.39 $94.03 $356.61 $133.30 $1,853.33 $17,865.60 $0.00 $1,271.80 $1,271.807745040 Almanza, Manny CA 7.7500% 10,000 $94,029.00 60 1.3500% $1,269.39 $94.03 $356.61 $133.30 $1,853.33 $17,865.60 $0.00 $1,271.80 $1,271.80 Total Monthly Payment for 2 vehicles: $3,706.66 Total Initial Charges for 2 vehicles: $2,543.60 1Monthly Lease Charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor)2See the following pages for details of Full Maintenance Service3Additional Services may include Commercial Automotive Liability Enrollment or Physical Damage Management4Excludes License, Registration, Certain Charges, and TaxCurrent market and vehicle conditions may also affect value of vehicles.Proposal is subject to Customer's Credit Approval.Enterprise FM Trust will be the owner of the vehicles covered by this Proposal. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicles under the Master Open-End (Equity) Lease Agreement and shall have all rights and obligations of the Lessorunder the Master Open-End (Equity) Lease Agreement with respect to such vehicles.Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the orderedvehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.Lessee: City of St. Helena%signature1 %date1Signature Title Date Printed On 01/18/2024 06:29:28 PM Page 1 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Capitalized Amount Calculations Proposal #: P1471864Prepared For: Church, Clayton Quantity: 2 Quote
Capitalized Prices/
Billed on Delivery
Manufacturer
Invoice Price
Incentives& Rebates Adjustment
Capitalized
Price
of Vehicle
1 Certain
Other
Charges
Initial
License &
Registration
Fee
Capitalized
Price
Reduction
Certain Other
Charges on
CPR
Gain
Applied
from Prior
Unit
Certain
Other
Charges
on
GOP
Tax on
Incentives
Aftermarket
Equipment
Courtesy
Delivery /
Dealer
Prep Fee
Delivery
Charge
Other
Costs Total
2024 Ford F-350 Chassis XL 4x4 SD Regular Cab 169 in. WB DRW - US Oxford White / Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat 7745039
Capitalized Price $52,369.00 $0.00 $60.00 $52,429.00 $0.00 $0.00 $41,000.00 $600.00 $0.00 $0.00 $94,029.00Billed on Delivery $0.00 $1,271.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,271.80 7745040
Capitalized Price $52,369.00 $0.00 $60.00 $52,429.00 $0.00 $0.00 $41,000.00 $600.00 $0.00 $0.00 $94,029.00Billed on Delivery $0.00 $1,271.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,271.80 ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.1Capitalized price of vehicles may be adjusted to reflect final manufacturer’s invoice. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce thecapitalized price of the vehicles.All language and acknowledgments contained in the signed proposal apply to all vehicles listed on the ‘Equity Lease Proposal Summary’ page of this document. In addition, you may incur additional fees required to register and operate these vehicles in accordance with various state,county, and city titling, registration, and tax laws.%intial1Initials Printed On 01/18/2024 06:29:28 PM Page 2 of 6
Agenda Item #11.9.
Open-End (Equity) Lease Proposal Date: 01/18/2024
Prepared For: City of St. Helena (579445) Aftermarket & Other Costs Proposal #: P1471864Prepared For: Church, Clayton Quantity: 2Aftermarket Equipment Quote Driver Description Capitalized Price Billed Price 2024 Ford F-350 Chassis XL 4x4 SD Regular Cab 169 in. WB DRW - US Oxford White / Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat 7745039 Almanza, Manny Dump Truck $41,000.007745040 Almanza, Manny Dump Truck $41,000.00 Total Aftermarket Equipment $82,000.00 $0.00
%intial1Initials
Printed On 01/18/2024 06:29:28 PM Page 3 of 6
Agenda Item #11.9.
VEHICLE INFORMATION:
2024 Ford F-350 Chassis XL 4x4 SD Regular Cab 169 in. WB DRW - US Series ID: F3H
SELECTED COLOR:
SELECTED OPTIONS:
Quantity: 2
Pricing Summary:
INVOICE MSRP
Base Vehicle $ 50,374.00 $ 53,025.00
Total Options $ 0.00 $ 0.00
Destination Charge $ 1,995.00 $ 1,995.00
Total Price $ 52,369.00 $ 55,020.00
Exterior: Z1 - Oxford White
Interior: AS - Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat
CODE DESCRIPTION INVOICE MSRP
169WB 169" Wheelbase STD STD
425 50-State Emissions System STD STD
44G Transmission: TorqShift 10-Speed Automatic Included Included 640A Order Code 640A NC NC
64K Wheels: 17" Argent Painted Steel Included Included
99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_03 Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat NC NC PAINT Monotone Paint Application STD STD
STDGV GVWR: 14,000 lb Payload Package Included Included STDRD Radio: AM/FM Stereo w/MP3 Player Included Included SYNC4 SYNC 4 Communications & Entertainment System Included Included TD8 Tires: LT245/75Rx17E BSW PLUS A/S (6) Included Included WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 Oxford White NC NC
Printed On 01/18/2024 06:29:28 PM Page 4 of 6
Agenda Item #11.9.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 2
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with black rub strip Front Tow Hooks: 2 front tow hooks
Body Material: aluminum body material
: trailering with harness, brake controller
Grille: black grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Emergency SOS: SYNC 4 911 Assist emergency communication system Front Cupholder: front cupholder
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 5G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cab clearance lights
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Forward Collision Alert: forward collision
Printed On 01/18/2024 06:29:28 PM Page 5 of 6
Agenda Item #11.9.
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: driver information centre
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Ignition Disable: SecuriLock immobilizer
Panic Alarm: panic alarm
Traction Control: driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Seats And Trim:
Seating Capacity max. seating capacity of 3
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Leather Upholstery: vinyl front seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:
Engine 335-hp, 7.3-liter V-8 (regular gas)
Standard Transmission:
Transmission 10-speed automatic w/ OD and PowerShift automatic Printed On 01/18/2024 06:29:28 PM Page 6 of 6
Agenda Item #11.9.
Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Administration
DATE: February 27, 2024
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Consideration and proposed approval of a resolution for the City Council appointment of an applicant to fill the vacancy created by the resignation of Council Member Lester Hardy, and direct the City Clerk to administer the Oath of Office to the New Council Member
RECOMMENDED
ACTION:
Nominate an applicant for approval by the majority of
Council. Direct the City Clerk to administer the oath of office and the newly appointed Council Member will be seated at the dais.
PREVIOUS COUNCIL
ACTION:
On January 23, 2024, the City Council established a
process for the appointment of a new City Council Member to fill the vacancy created by Council Member Hardy’s
resignation.
STATEMENT OF THE
PURPOSE:
Appoint an applicant to the vacant City Council position.
FINANCIAL IMPACT: Not applicable.
BACKGROUND:
Council Member Hardy announced on January 19, 2024 that he is resigning from the City Council, effective at the end of January.
At the January 23, 2024 City Council meeting, the City Council chose to conduct a recruitment and appoint a member from the community to fill the remainder of the term of Councilmember Hardy. The City Council invited interested individuals to submit an application for consideration. The applications were accepted through February 16, 2024 and candidate interviews are scheduled for February 23, 2024 at a Special Council meeting.
DISCUSSION:
The City held a recruitment for City Council applicants from January 23, 2024 through February 16, 2024. The City received four applications for consideration and interviews are scheduled for February 23, 2024.
The applicants are:
1. Doug Boeschen
2. Jeffrey Green
3. Patrick Kenealy
Agenda Item #13.1.
4. Chris Warner
At the City Council meeting on February 27, 2024, it is anticipated that the City Council will appoint one of the above to fill the vacant City Council seat to fill the remaining term of Council Member Lester Hardy.
DOCUMENTS ATTACHMENTS:
Attachment 1 - Doug Boeschen Application
Attachment 2 - Chris Warner Application
Attachment 3 - Patrick Kenealy Application
Attachment 4 - Jeffrey Green Application
Attachment 5 - Resolution
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Application for Appointment to the St. Helena City Council Doug Boeschen
1. A twenty-year St. Helena resident, I have benefitted tremendously from being a member of our community. I founded and continue to run a successful local business. My wife and I have raised a happy family here. I would like to give back to the local community, and believe my professional and volunteer experiences would be an asset to the City Council. Working with the St. Helena Parks and Recreation Department has given me a great appreciation for the effort needed to support our community.
2. I understand the St. Helena City Council requires a significant commitment in time and energy, and I would take that obligation seriously. I would have about twenty hours per week for Council business.
3. If appointed, I would very seriously consider running for election in November of 2024.
4. My background as a local business leader, Silicon Valley strategy consultant, non-profit board member, local volunteer within the Latino community, and youth athletics organizer would all help enable me to make decisions in the best interest of the St. Helena community. I believe the City Council benefits from members who have extensive ties to multiple St. Helena groups and activities, while also leveraging relevant experience from outside Napa Valley.
5. Community and government service has been a focus of my life for nearly thirty years, starting with volunteer work with an international human rights group in the early 1990s. Since then, I have focused much of my volunteer work on helping the local Latino community as an elementary school tutor, prospective citizen tutor and registrar, farmworker rights leader, domestic employee rights advocate, and youth coach and organizer. My current positions as Commissioner with the St. Helena Parks and Recreation Department, and board member with the UpValley Family Centers, have given me an even greater appreciation for our community and the good that city government can have on the lives of our residents.
6. I believe the most important issues facing St. Helena are the integration of all local community groups, the coordination of various and disparate city departments and organizations, and the long-term impact of global warming and resource conservation.
7. If I were appointed to the Council, my top three priorities would be to address the challenges mentioned in the previous question: to work to better welcome and integrate our Latino community, to strive to improve integration across city departments and other influential organizations, and to continue the city’s efforts to protect and preserve our natural resources in the long-term.
8. I believe St. Helena’s fiscal, health, and quality-of-life challenges are all best addressed by leadership willing to consider creative and dynamic long-term solutions. Communities singularly motivated to maintain “the way it’s always been” are unable to adjust to the needs of changing populations and economic conditions. Policies of intelligent and creative development and evolution will help to ensure a thriving and happy community as we move forward together.
9. My vision for the future of St. Helena is a dynamic and open community that actively welcomes all groups, encourages our youth to challenge themselves, supports local businesses, and provides employment, housing, cultural, and social opportunities for all our residents.
10. I believe the most important element of city government is to treat all people with respect.
Disagreement is common - and necessary - in group decision-making, but retaining respect for all parties and their opinions will always be paramount.
Agenda Item #13.1.
Agenda Item #13.1.
D O U G B O E S C H E N
1903 Vineyard Ave. St. Helena, CA 94574
[email protected]
707 815-6141
PROFESSIONAL EXPERIENCE
GENERAL MANAGER AND WINEMAKER, BOESCHEN VINEYARDS 2006-present Co-founded, co-own, and lead successful St. Helena-based business achieving 500% growth over 20 years. Manage all winemaking, business, and farming operations.
ASSISTANT WINEMAKER, SPOTTSWOODE WINERY 2005-2006
Worked with winemaking team on all aspects of wine production.
SENIOR PRINCIPAL, STRATEGY CONSULTANT, THE MCKENNA GROUP 1994-2000
Led teams of consultants developing internet-based strategies, primarily for Silicon Valley clients.
AUTHOR AND RESEARCHER, INTERNATIONAL HUMAN RIGHTS LAW GROUP 1993- 1994
Researched and co-wrote published book focusing on emerging democracies in Eastern Europe.
VOLUNTEER, BOARD, AND COMMISSION EXPERIENCE
COMMISSIONER, ST. HELENA PARK AND RECREATION DEPARTMENT 2022-present Advise professional staff and help lead ongoing efforts focused on equitable recreation, Crane Park lighting replacement, Crane Park pickleball complex installation, Harvest Festival, and others.
BOARD MEMBER, UPVALLEY FAMILY CENTERS 2023-present
Advise professional staff on mission providing services to up-valley individuals and families.
ADVOCATE FOR FARMWORKER RIGHTS 2023-present
First winery in Napa Valley to offer hazard pay and disaster insurance to farmworkers.
ELEMENTARY SCHOOL TUTOR 2017-present
Work with teachers at the St. Helena Elementary School, tutoring primarily in reading and math.
PROSPECTIVE CITIZEN REGISTRAR AND TUTOR 2020-present
Help Napa County prospective citizens apply for citizenship, and study for the citizenship exam.
MEMBER, HAND-IN-HAND DOMESTIC EMPLOYER NETWORK 2019-present Advocate for domestic employee rights. Testified and lobbied before California legislature.
COACH AND YOUTH ATHLETICS ORGANIZER 2006-present
Coached dozens of St. Helena teams in soccer, baseball, basketball and track. Starter, meet organizer and coach for youth track and field competitions with St. Helena Montessori, Sunrise Montessori, St. Apollinaris, and Justin Sienna High School.
BOARD MEMBER, BLACK BUTTE RANCH HOMEOWNER ASSOCIATION 2002-2008 Advised professional staff on all operations required to manage community of 1300 homes.
EDUCATION
Stanford University, Bachelor of Arts, International Relations 1992 Stanford University, Master of Arts, International Policy 1993 UC Davis, Bachelor of Science, Viticulture & Enology 2005, Bilingual Spanish Fun Fact: I am the Washington State high school high-hurdle champion from 1988.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
Agenda Item #13.1.
1088 College Ave. | St. Helena, CA 94574 (707)
967-2792 | cityofsthelena.org
DATE AND TIME RECEIVED:
NOTE: THIS COMPLETED AND SIGNED APPLICATION MUST BE FILED WITH THE ST. HELENA CITY CLERK BY FRIDAY, FEBRUARY 16, 2024, AT 5:00 P.M.
APPLICATION FOR APPOINTMENT TO THE ST. HELENA CITY COUNCIL This application is to fill a vacancy on the St. Helena City Council. The St. Helena City Council will publicly-review all submitted applications where the applicants meet the qualifications. The Council will hold a public interview process for each candidate on Friday, February 23, 2024, beginning at 2:00 p.m. The applicant interviews will take place at City Hall main conference room, 1088 College Avenue, St. Helena. The appointment to the City Council will be made at the regularly scheduled City Council meeting on Tuesday, February 27, 2024, beginning at 6 p.m. The term of office will be from February 27, 2024, until the certification of the November 5, 2024, General Municipal Election.
This application is a public document, although your personal information will be redacted. Your application will be compiled with other applications and considered by the St. Helena City Council as a part of a noticed public meeting.
Only St. Helena residents who are registered voters in St. Helena will be eligible for appointment.
Name: Patrick Kenealy
Residence Address: 2995 Spring Street, Saint Helena, CA 94574 Mailing Address (if different):
E-mail: [email protected]
415-420-2881
Are you currently a registered voter and a resident of the City of St. Helena, or will be at the time of an appointment? YES (yes or no)
• Please include your resume and answer the following questions on a separate sheet(s) of paper.
Best Phone Number to Reach You : :
Agenda Item #13.1.
1088 College Ave. | St. Helena, CA 94574 (707)
967-2792 | cityofsthelena.org
(continued on next page)
Reasons for Applying
1. Why do you want to be appointed to the Council? Saint Helena is a great City in a challenging moment when important choices must be made to preserve its quality of life and lay the foundations for a bright future. I know and love the City and I think my business and financial experience in small, large and very large organizations can help the council make heart-felt, fact-based decisions.
2. Service as a City Council Member easily could require 10 or more hours per week reviewing council agenda packets, responding to citizen communications, meeting with constituents, and attending various regional and local subcommittee meetings, and council meetings. How much time per week do you have to devote to City Council service? I’m mostly retired from a 40-year career in the media and venture capital businesses, and am experienced at the kind of “homework” and multi-tasking the City Council position requires. I think I can spend the kind of time needed to be informed on the issues and to be in touch with City residents.
3. If appointed, do you plan on running for election in November 2024? It depends a bit on how the interim term goes, but, in general, yes.
Experience, Qualifications, Education
4. What qualifications, life experiences, and educational background do you have that will enable you to make sound decisions in the best long-term interest of the community? I was a weekend and summer resident of Saint Helena for roughly 20 years, and have been a homeowner here for 12 years, and a fulltime resident for five years. My older kids summered in Saint Helena for many years and our 6-year old has lived here since he was born, and attends the Saint Helena Montessori School. My wife, Tracy and I are deeply involved in our community and want it to thrive. I think I know the City, its qualities and its challenges.
I’ve spent my career as a media CEO and as a venture capitalist. I’ve been CEO of media businesses with revenues from a few million dollars per year to more than a billion dollars per year. I’ve funded, founded and managed venture capital firms that have invested hundreds of millions of dollars into hundreds of technology start-ups. I’ve hired dozens of senior operating executives over the years and reviewed and approved hundreds of operating budgets and long-term plans. I’m used to making large decisions at a rapid cadence, for sometimes-conflicting stakeholders. I’ve always believed that happy employees make happy customers.
Agenda Item #13.1.
1088 College Ave. | St. Helena, CA 94574 (707)
967-2792 | cityofsthelena.org
I’ve served on dozens of boards of directors, primarily in the for-profit world, but also in the nonprofit world -- from private schools, to major industry trade associations, to museums such as the Tech Museum in San Jose.
I’ve lived in Boston, New York, London, Paris, and San Francisco, before Saint Helena, overseeing business units in more than 50 countries, so I have a good sense of how different places work, and know how special Saint Helena is.
I have a BA in economics from Harvard University, with later studies in accounting, financial reporting, business-to-business marketing, and ad agency management. I was a McAllister Fellow at Northwestern University’s Medill School of Journalism.
I think this Saint Helena and business experience can serve the City especially well at this moment when the City Council must build some civic consensus and make some pressing decisions.
5. Please describe your community service and government participation in St. Helena or elsewhere. Most recently, I was a member of Saint Helena’s Financing City Infrastructure Task Force, and co-authored, with Tom McBroom, its April 2020 Report to the City Council. Currently, I’m part of Saint Helena’s Real Property Transfer Tax Committee. Over the years I’ve appeared as an applicant and a neighbor before Saint Helena’s Planning Commission. I’ve also testified before local, state, and federal government agencies in the USA and overseas.
Issues, Priorities, Concerns
6. What do you believe are the most important issues facing the City? Fire safety, reliable water supplies, fiscal solvency, long-term vision, civic unity
7. If you were appointed to the Council, what would be your top three priorities? The first three above
8. What strategies can be undertaken to address the City’s fiscal challenges, improve the City’s economic health, and maintain and enhance quality of life? Some ideas:
a Balance the City budget quickly at slightly-better than current service standards – more by growing short-term tax revenue than by deep cuts
b Use a mix of surplus asset sales, sales tax, property tax, hotel tax, service fees and philanthropy to boost City revenue in the short- and medium-term
c Listen to the citizens’ service priorities and adjust expense budgets accordingly d Transparently show citizens the true costs of City services and help them guide the City Council to make key decisions
Agenda Item #13.1.