City of St. Helena
Regular City Council Meeting
Tuesday, July 23, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes. The Mayor may reduce the four minute time limit for all speakers in circumstances where a large number of citizens intend to make public comment.
Public comment for meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line agenda.
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Page
1. CALL TO ORDER
2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Patrick Kenealy, Billy Summers
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
5. APPROVAL OF THE MINUTES
Estimated start time: 6:05 p.m.
5.1. Consideration and proposed approval of:
1. Special Meeting Minutes - Applicant Interviews of June 20, 2024
2. Special Meeting Minutes - Study Session of June 25, 2024
3. Regular Meeting Minutes of June 25, 2024
(Provided prior to the meeting Provided 7/19/24 at12:00pm) 06-20-2024 Special City Council - Applicant Interviews - Minutes 06-25-2024 Special City Council - Study Session - Minutes 06-25-2024 Regular City Council - Minutes
9 - 26
6. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make
requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
Estimated start time: 6:20 p.m.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
8.1. National Parks and Recreation Month Proclamation
Estimated start time: 6:25 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Director of Community Services Staff Report - Pdf
27 - 28
9. STAFF BRIEFING
None
10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:30 p.m.
10.1. Resolution rescinding Resolution 2022-31 and approving amendment #3 to Policy P-CC-0001 Outdoor Display of Governmental and NonGovernmental Flags on City owned property or at City Hall.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff recommends adopting a resolution rescinding resolution 2022-31 and amending Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property and at City Hall.
Staff Report - Pdf
29 - 34
10.2. Consideration and approval of a Resolution Establishing Appropriation Limits for Fiscal Year 2024-25 and the Selection of Current Year Adjustment Factors.
35 - 45
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends the City Council of the City of St. Helena adopt a Resolution establishing an appropriation limit for Fiscal Year 2024-25.
Staff Report - Pdf
10.3. Proposed approval of a Resolution approving a one-year agreement with MarinIT to provide Information Technology Services for an amount not-to-exceed $288,849 for FY 2024-25.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
47 - 72
10.4. Approval of a Resolution authorizing the City Manager to execute a Professional Services Agreement with Beauchaine Consulting Group, LLC to provide public management consulting services related to labor negotiations in an amount not-to-exceed $50,000.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
73 - 92
10.5. Recommended approval of a Resolution authorizing a two-year Agreement with the Housing Authority of the City of Napa to provide contract housing services for an amount not-to-exceed $122,450 for the two-year period starting on July 1, 2025.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
93 - 105
10.6. Consideration and proposed adoption of a Resolution accepting the work and directing the filing of the Notice of Completion for the Pavement Restoration Project, Capital Improvement Project R23-79.
CEQA Determination: Not a CEQA project
Prepared By: Mario Traverso, Project Manager
Recommendation:
Approve attached Resolution.
Staff Report - Pdf
107 - 111
10.7. May 2024 Review and Forecasting of City Water Supply Availability. 113 - 118
CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:
Receive and file.
Staff Report - Pdf
10.8. June 2024 Review and Forecasting of City Water Supply Availability.
CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:
Receive and file.
Staff Report - Pdf
119 - 124
10.9. A Resolution of the City Council of the City of St. Helena Authorizing an Agreement for Emergency Response Services with the County of Napa.
CEQA Determination: Not a CEQA project
Prepared By: John Sorensen, Fire Chief
Recommendation:
Approve the agreement with Napa County for the term of one year, commencing on August 1, 2024 with automatic renewals for an additional 4 years.
Napa County Automatic Aid Agreement - Pdf
125 - 157
10.10. Approve Resolution Authorizing Amendment #1 to the Agreement with General Services with Mel Services, Inc., dba Workers.com for general landscaping and maintenance services for an additional $25,200 and a total not-to-exceed amount of $50,000.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Adopt the proposed resolution authorizing Amendment #1 to the General Services Agreement with Mel Services, Inc., dba Workers.com for landscaping and maintenance services.
Staff Report - Pdf
159 - 181
10.11. Proposed approval of a resolution authorizing Amendment #6 to the Professional Services Agreement with Willdan Financial Services in the amount of $10,560, for a total amount not-to-exceed of $142,295 to a complete a feasibility analysis related to the Affordable Housing and Commercial Linkage Fees.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
183 - 192
10.12. Consideration and adoption of a resolution authorizing Amendment #1 193 - 213
to Professional Services Agreement (PSA) FY2023-001 with consultant Ward Levy related to providing property appraisal services to the City for an additional $34,500 for a total contract amount not to exceed $50,000.
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Approve and adopt the attached resolution.
Staff Report - Pdf
10.13. Authorization for 1) Emergency Generator Rental Services from C&D Power through December 2024 for the Wastewater Treatment Plant MBR Facility for a Not-to-Exceed cost of $151,236, which includes a 10% Contingency, and 2) A Budget increase in the amount of $99,236 utilizing Fund 571 Wastewater Operations fund balance.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Authorize the rental costs for emergency back up generator at the wastewater treatment plant.
Staff Report - Pdf
215 - 219
10.14. Consideration for City Council approval for the nomination and election of the current Planning Commission Chair to serve a fourth term as outlined in the City Council Protocol for Committees, Commissions and Boards (Resolution No.2023-128).
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
It is recommended that the City Council approve the attached resolution authorizing election of the current Chair of the Planning Commission (John Ponte) to serve an additional term ending June 2025 as outlined per the City Council Protocol for Committees, Commission and Boards.
Staff Report - Pdf
221 - 273
11. PUBLIC HEARINGS
Estimated start time: 6:40 p.m.
11.1. Introduction and first reading of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of property frontage debris, surveyor requirements and street repair responsibilities as discussed as directed by Council at the 1/23/24 City Council meeting.
CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Introduce and waive the first reading of the proposed revisions to the 275 - 293
ordinance; schedule second reading on 8/13/24
Staff Report - Pdf
12. OLD BUSINESS
12.1. Discussion and Direction Regarding Downtown Paver Rehabilitation strategies between Adams Street and Pope Street
CEQA Determination: Not a CEQA project
Prepared By: Mario Traverso, Project Manager
Recommendation:
Staff recommends revising the project to align with the scope of Option 2
The project becomes repair and maintenance focused, targets specific surface needs
Minimizes expenditure on non-critical items
Allows time for due process for tree size and species selection Replacement Trees:
Use 15 Gallon size trees which are more cost effective (14 trees) thereby saving $40,000 (or $170,000)
Chinese Pistache is the recommended specie (and if not available one of the others listed above), or
If a species of the larger trees is desired, staff recommends London Plane
Upon receiving direction from Council, staff will amend the project documents to reflect the direction. The project will be promptly advertised in anticipation of construction in the Fall months.
Staff Report - Pdf
Presentation
Public Comment.Oliver Caldwell
295 - 330
13. NEW BUSINESS
None
14. CITY COUNCIL REPORTS:
14.1. A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports
15. ADJOURNMENT
The next Regular City Council meeting is scheduled for August 13, 2024, at 6:00 p.m.
This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on July 18, 2024.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting
described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
MINUTES
City of St. Helena
Special City Council Meeting – Applicant Interviews
Thursday, June 20, 2024 @ 4:00 PM
City Hall Main Conference Room, 1088 College
Avenue, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Patrick Kenealy, and Council Member Billy Summers
Absent: Council Member Anna Chouteau
1. CALL TO ORDER
2. ROLL CALL
3. ADOPTION OF THE AGENDA
3.1 Vice Mayor Eric Hall moved to adopt the agenda. The motion was seconded by Council Member Patrick Kenealy and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, and Council Member Patrick Kenealy
NOES: None
ABSENT: Council Member Anna Chouteau and Council Member Billy Summers
ABSTAIN: None
RECUSE: None
Council Member Summers arrived to the special meeting at about 4:20 pm.
4. PUBLIC COMMENT:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item.
5. NEW BUSINESS:
5.1 The following lists the names of the individuals who have applied for various boards and committees.
Agenda Item #5.1.
Special City Council
June 20, 2024
Active Transportation & Sustainability Committee to the NVTA One opening
Two applications were received from Glenn Smith and Natalia Ramirez Guzman.
Active Transportation & Sustainability Committee
Four Three regular openings and two alternate openings
Four applications were received from Glenn Smith, Natalia Ramirez Guzmàn, Coral Posert and Richard Seiferheld.
(It was three regular openings not four that was noted in error) Library Board of Trustees
Four openings and one opening with an expiring term June 30, 2025 Five applications were received from Alexandra Haslip, Dana Johnson, Deborah Boeschen, John (Jack) Stuart and Michelle Deasy.
Parks and Recreation Commission
Three openings
Eight applications were received from Christopher Smith, Denise Nelson, Donna Hinds, Doug Boeschen, John Thompson, Julie Jenanyan, Cheryl Rainville and Stephanie Smithers.
Planning Commission
Two openings
Two applications were received from Autumn Anderson and Sue Furdek The City Council conducted the applicant interviews.
Richard Seiferheld, Dana Johnson, Jack Stuart, Denise Nelson, Julie Jenanyan, Donna Hinds, and John Thompson addressed the City Council.
Agenda Item #5.1.
Special City Council
June 20, 2024
6. ADJOURNMENT
Mayor Dohring adjourned the meeting at 4:51 p.m.
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.
MINUTES
City of St. Helena
Special City Council Meeting – Study Session
Tuesday, June 25, 2024 @ 4:00 PM
City Hall Main Conference Room, 1088 College
Avenue, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. ADOPTION OF THE AGENDA
3.1 Vice Mayor Eric Hall moved to adopt the agenda. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
4. PUBLIC COMMENT:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item.
5. NEW BUSINESS:
5.1 Wastewater Treatment Plant Spray Field Uses Study Session Joe Leach, Public Works Director provided a presentation on the spray fields, forest, bees and trails.
Agenda Item #5.1.
Special City Council
June 25, 2024
Paul Asmuth, Napa Valley Community Forest representative provided a presentation on the community forest and proposed wetlands.
6. ADJOURNMENT
Mayor Dohring adjourned the meeting at 5:15 p.m.
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, June 25, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
4.1 Vice Mayor Eric Hall moved to adopt the agenda as presented. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. ADOPTION OF MINUTES
5.1 Consideration and proposed approval of Regular Meeting Minutes of May 28, 2024 and June 11, 2024.
Vice Mayor Eric Hall moved to approve the Regular Meeting Minutes of May 28, 2024 and June 11, 2024.
The motion was seconded by Council Member Patrick Kenealy and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Agenda Item #5.1.
Regular City Council
June 25, 2024
Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
6. PUBLIC FORUM:
No public comment was received.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Reports were made by staff and City Council.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
None.
9. STAFF BRIEFING
None.
10. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
10.1 Consideration and proposed adoption of a Resolution approving the plans for the C22-03 Jacob Meily Park Installation of New Turf and Upgrade Irrigation Project and authorizing the advertisement for bids.
CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Project Manager
Recommendation:
Adopt the attached resolution and authorize staff to solicit proposals for the C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation Project.
10.2 Consideration of Resolution adding a portion of McCorkle Avenue to the City’s List of Red Zones (parking prohibitions) and rescinding Resolution 2023-71 CEQA Determination: Exempt
Agenda Item #5.1.
Regular City Council
June 25, 2024
Prepared By: Jose Calderon, Engineering Technician II
Recommendation:
Approve Resolution adding portion of McCorkle Avenue to the City’s List of Red Zones (parking prohibitions) and rescinding Resolution 2023-71.
10.3 Consideration and Proposed Approval of a Resolution Extending the Waiving of Sign Fees for Businesses
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Staff recommends the City Council approve the attached resolution.
10.4 Consideration and Proposed Adoption of a Resolution Adopting a list of Projects for Fiscal Year 2024-25 funded by SB1: The Road Repair and Accountability Act of 2017.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
10.5 Adopt Resolution authorizing the City Manager to execute a Professional Services Agreement with Telstar for control system integration and SCADA automation upgrades for the Water Treatment Plant as part of CIP Project Number W18-113 for a not to exceed contract of $206,889 and authorize the Public Works Director to approve up to 10% contingency.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Approve the attached Resolution.
10.6 This item was pulled.
Approval of a Resolution approving and authorization to purchase SMART Advanced Meter Infrastructure from Badger Meter, Inc. to replace all existing utility meter infrastructure for a not to exceed cost of $1,056,966.44 as budgeted for CIP Project W24-04 Smart Meter Deployment.
10.7 Adoption of a City Council Resolution Authorizing Bid Advertisement for CIP Project W24-04 SMART Meter Deployment.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Agenda Item #5.1.
Regular City Council
June 25, 2024
Adopt the attached Resolution.
10.8 Approval of a Resolution authorizing Amendment No. 7 to STH Contract:
FY2021-048 in the amount of $140,000 with Operational Technical Services for a total amount not-to-exceed of $3,584,005 for temporary Water Treatment Plant operators.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Adopt the attached Resolution.
Vice Mayor Eric Hall moved moved to approve items 10.1 through 10.5 and
10.7 through 10.8 The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
10.6 Approval of a Resolution approving and authorization to purchase SMART Advanced Meter Infrastructure from Badger Meter, Inc. to replace all existing utility meter infrastructure for a not to exceed cost of $1,056,966.44 as budgeted for CIP Project W24-04 Smart Meter Deployment.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:
Approve the attached Resolution.
Joe Leach, Director of Public Works reported on the item.
No public comment was received.
Vice Mayor Eric Hall moved to approve the item. The motion was seconded by Council Member Patrick Kenealy and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, and Council Member Patrick Kenealy
NOES: Council Member Billy Summers
Agenda Item #5.1.
Regular City Council
June 25, 2024
ABSENT: None
ABSTAIN: None
RECUSE: None
11. PUBLIC HEARINGS
Item 11.2 was heard prior to item 11.1.
11.1 Introduction and first reading of an Ordinance approving Zoning Ordinance Amendment (ZOA 2024-001) to amend Chapter 17.30 of Title 17 of the St.
Helena Municipal Code regarding the calculation of housing in-lieu fees.
Estimated start time: 6:45 p.m.
CEQA Determination: Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Introduction and waive the first reading of the proposed Ordinance to:
1. Find that the proposed changes to Chapter 17.30 of the Zoning Code are exempt from CEQA Guideline 15061 (b)(3); and
2. Approve and adopt Zoning Ordinance Amendment (ZOA 2024-001) to amend Chapter 17.30 of Title 17 of the St. Helena Municipal Code regarding the calculation of housing in-lieu fees.
Item heard out of order.
Director of Community Development, Maya DeRosa made presentation.
Mayor Dohring opened the public hearing.
No public comment was received.
Mayor Dohring closed the public hearing.
Vice Mayor Eric Hall moved to continue item to a date to be determined in August 2024. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
Agenda Item #5.1.
Regular City Council
June 25, 2024
ABSTAIN: None
RECUSE: None
11.2 Approval of Resolutions adopting updates to the City's Affordable Housing InLieu Fees and Nonresidential/Commercial Linkage Fees.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Adopting updates to the City's Affordable Housing In-Lieu Fees and Nonresidential/Commercial Linkage Fees.
Item 11.2 heard before 11.1.
Maya DeRosa, Director of Community Development made a presentation.
Mayor Dohring opened the public hearing.
Public comment was received by Joe McGrath, Steve Goldfarb, and Mary Stephenson.
Mayor Dohring closed the public comment.
Council Member Anna Chouteau moved to continue the item for additional information from Willdan to a date uncertain in August 2024. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
12. OLD BUSINESS
12.1 Receive 9212 Report for the Noble House Project and either: (1) Adopt the St.
Helena Agritourism Initiative measure, without alteration or (2) Pass a Resolution Submitting the Noble House St. Helena Agritourism Initiative to the voters for consideration at the November 5, 2024 Election.
Estimated start time: 7:05 p.m.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Agenda Item #5.1.
Regular City Council
June 25, 2024
Recommendation:
Adopt a resolution to either: (1) adopt the measure, without alteration or (2) submit the measure to the voters.
Assistant City Manager April Mitts introduced the item.
May DeRosa, Community Development Director reported the item.
Barbara Monette, Garry Rose, Kelly Wheaton, David Campbell, Tom Belt, Susan Kenward, Casey Garrett, Joe McGrath, Elaine De Man, Rachel Williams, Kevin Teague and Mary Stephenson addressed the City Council.
Council Member Anna Chouteau moved to approve a resolution submitting the Noble House St. Helena Agritourism Initiative to the voters for the consideration at the November 5, 2024 Election.
The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Dohring called for a ten minute recess at 8:38 p.m.
Council Member Anna Chouteau moved to continue the meeting beyond 9:00 p.m. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13. NEW BUSINESS
13.1 Approval of a resolution appointing applicants to the Active Transportation & Sustainability Committee, Active Transportation Sustainability Committee to NVTA, Parks and Recreation Commission, Library Board of Trustees and Agenda Item #5.1.
Regular City Council
June 25, 2024
Planning Commission and consider leaving the recruitment open for the unfilled terms of office until filled.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff recommends adopting a resolution appointing applicants to the following committees:
Active Transportation Sustainability Committee to NVTA
Active Transportation Sustainability Committee
Library Board of Trustees
Parks & Recreation Committee
Planning Commission
Donna Hinds and Deanna Griffin addressed the City Council.
Mayor Paul Dohring moved to approve Glenn Smith to the Active Transportation Sustainability Committee to NVTA. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Paul Dohring moved to appoint Glenn Smith, Coral Posert, Natalia Ramirez Guzman and Richard Seiferheld to the Active Transportation and Sustainability Committee. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Agenda Item #5.1.
Regular City Council
June 25, 2024
After the meeting the City Clerk found an administrative error that there were three regular openings rather than four and two alternate openings. The first three applicants listed on the agenda were placed as regular members and the fourth listed was placed as an alternate. All four applicants were appointed to the Active Transportation and Sustainability Committee.
Mayor Paul Dohring moved to appoint Alexandra Haslip, Dana Johnson, Jack Stuart and Michelle Deasy to the Library Board of Trustees. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Paul Dohring moved to appoint Doug Boeschen, John Thompson, and Stephanie Smithers to the Parks and Recreation Commission. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Paul Dohring moved to appoint Autumn Anderson and Sue Furdek to the Planning Commission. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13.2 Approval of a Resolution of the City Council of the City of St. Helena, State of California, Calling and Giving Notice of a General Municipal Election and consider Ballot Measures A1, A2 and B to be Held on Tuesday, November 5, Agenda Item #5.1.
Regular City Council
June 25, 2024
2024; Requesting the Consolidation by the Napa County Supervisors for the Statewide General Election and that Napa County Provide Election Services with full Reimbursement by the City of St. Helena
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Approve the resolution.
City Clerk, Cindy Tzafopoulos reported on the item.
No public comment was received.
Vice Mayor Eric Hall moved to approve the resolution. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Vice Mayor Eric Hall moved to continue the meeting beyond 9:30 p.m. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13.3 Consideration and adoption of a Resolution of the City Council of the City of St.
Helena authorizing payment of $330,000 to Pacific Gas & Electric Company for services rendered related to the realignment of overhead power lines associated with the Farmstead Development Project and authorize the City Manager to enter into a supplemental agreement with Long Meadow Ranch for reimbursement.
CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Agenda Item #5.1.
Regular City Council
June 25, 2024
Adopt the attached Resolution.
Assistant Director of Public Works, Eric Janzen reported on the item.
Public comment was received by Ted Hall.
Vice Mayor Eric Hall moved for the City Manager and staff to work with the applicant on an acceptable agreement to both parties and bring it back for Council consideration. Also, adopt the resolution as presented.
Council Member Chouteau amended the motion to allow the City Manager the discretion and authority to negotiate and execute the agreement with the applicant. Vice Mayor Hall was in agreement with the amendment.
The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
14. CITY COUNCIL REPORTS:
14.1 A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
Agenda Item #5.1.
Regular City Council
June 25, 2024
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports
15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 9:42 p.m.
CHALLENGING DECISIONS OF CITY ENTITIES
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.
Agenda Report to the City Council
Agenda Section: PRESENTATIONS AND PUBLIC RECOGNITIONS
Department: Recreation
DATE: July 23, 2024
FROM: Dave Jahns, Director of Community Services
SUBJECT: National Parks and Recreation Month Proclamation
RECOMMENDED
ACTION:
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
PURPOSE:
FINANCIAL IMPACT:
DOCUMENTS ATTACHMENTS:
Parks and Recreation Month Proclamation
Agenda Item #8.1.
City of St. Helena Proclamation
Designation of July as Park and Recreation Month
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of St. Helena; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who utilize parks and participate in community recreational activities; and
WHEREAS, parks and recreation provides public spaces for leisure, enrichment, and gathering opportunities designed to encourage active lifestyles for people of all ages; and WHEREAS, park and recreation programming and education activities such as outof-school enrichment, sports, arts & culture, and environmental education are critical to childhood development; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS, parks and recreation is fundamental to the environmental well-being of our community; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the City of St. Helena recognizes and celebrates the benefits derived from parks and recreation resources.
NOW THEREFORE, BE IT RESOLVED that I, Paul Jamison Dohring, Mayor of the City of St. Helena, and the St. Helena City Council, do hereby proclaim that July is recognized as Park and Recreation Month in the City of St. Helena.
Dated: July 23, 2024
______________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #8.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: July 23, 2024
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Resolution rescinding Resolution 2022-31 and approving amendment #3 to Policy P-CC-0001 Outdoor Display of
Governmental and Non-Governmental Flags on City
owned property or at City Hall.
RECOMMENDED
ACTION:
Staff recommends adopting a resolution rescinding
resolution 2022-31 and amending Policy P-CC-0001
Outdoor Display of Governmental and Commemorative or
other Governmental Flags on City Property and at City
Hall.
PREVIOUS COUNCIL
ACTION:
On June 13, 2017, the St. Helena City Council established a uniform policy to govern the flying of the National, State, and City flags on City-owned properties; and
On May 10, 2022, the City Council amended the policy to allow the POW/MIA flag to be flown beneath the National flag.
STATEMENT OF THE
PURPOSE:
Approve the resolution adopting amendment #3
FINANCIAL IMPACT: No fiscal impact.
BACKGROUND:
The City Council established an outdoor flag display policy on June 13, 2017. The uniform policy established guidelines for flying the National, State, City, and NonGovernmental Flags on City-owned properties.
A member of the public approached Council Member Hall and requested that the City Council consider flying the POW flag on the ceremonial flag pole in perpetuity. The City Council adopted amendment #2 approving the request on May 10, 2022.
In February 2024, City Hall relocated from 1572 Railroad Avenue to 1088 College Avenue. The City made a request to the College Administration to fly City flags on their flag poles and approval to remove overgrown and obstructing trees. The College Administration approved for the City to remove the overgrown trees and allow the use the flag poles.
DISCUSSION:
Amendment #3 to Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property and at City Hall Agenda Item #10.1.
(Attachment 2) and it memorializes that the Ceremonial Flagpole is located at the City of St. Helena City Hall.
DOCUMENTS ATTACHMENTS:
Attachment 1 - Outdoor Display of Governmental and Non-Governmental Flags on City Property Policy Amendment _2 Redlined
Attachment 2 - Resolution Rescinding Resolution 2022-31 and Approving Amendment 3- St Helena Flag Policy
Agenda Item #10.1.
Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
Flags on City Property or at City Hall
City of St. Helena
Council Policy
Administration
Policy # P-CC-0001
Revision # 3
Implementation Date 2017-06-13
Title:
Outdoor Display of Governmental and
Commemorative or other Governmental
Flags on City Property or at City Hall Last Update Date 05-28-201905-10-22 Approval by City Council Resolution No. 2024- Date Approved 07-23-2024 I. Purpose, Overview and Scope of this Policy
The purpose of this administrative policy is to establish a uniform policy to govern Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property or at City Hall.
Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or hertheir control or to wear or carry a flag.
This policy rescinds the previous Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property or at City Hall policy policies and remains in effect until rescinded by City Council.
For the purposes of this policy, the Ceremonial Flagpole is located at the City of St. Helena City Hall.
II. Authority
The City Manager is hereby authorized to establish and maintain written administrative regulations to document the procedures by which City staff will display flags in accordance with Flag Law.
III. Policy - Flying Flags on City Property and at City Hall at Half-Staff
1. National, California, and/or City flags on City-owned property or at City Hall shall be flown at half-staff upon order of the President of the United States or authorization by the Governor of California.
2. National, California, and/or City flags on City-owned property or at City Hall may also be flown at half-staff at the direction of the Mayor upon the death of:
a. A City Councilmember, past or present;
b. A City employee whose death occurred during the discharge of duty; c. A City employee or retiree having served the City for 25 or more years; and/or d. A prominent citizen not holding or having held elected public office, whose accomplishments and contributions to the community clearly demonstrated a Agenda Item #10.1.
Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
Flags on City Property or at City Hall
City of St. Helena
Council Policy
Administration
commitment over and beyond that which would be normally associated with the performance of work.
3. For the above circumstances, flags will be flown at half-staff as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.
IV. Policy – Display of Commemorative or Other Governmental Flags on City Property or at City Hall
1. The Mayor and/or a member of the City Council or member of the public may submit a request to the City Manager in writing to display a Commemorative or other Governmental Flag on a Ceremonial Flagpole in conjunction with official actions, ceremonial items, or proclamations of the City Council. The request shall specify:
a. the type of flag to be displayed, and
b. how display of the flag would relate to a prior or proposed official action, ceremonial item or proclamation of the City Council, and
c. the request is consistent with the City Council’s mission and vision statements, and d. the proposed time and manner of display.
2. Following consideration of a request, if the City Manager approves the request, either by minute order or in conjunction with adoption of some other official action, ceremonial item, or proclamation, the City shall display the requested Commemorative or other Governmental Flag on a Ceremonial Flagpole at the time, place and manner so directed by the City Manager or City Council. If the City Manager does not approve a request, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months.
3. The City flag may be flown upon the order of the City Manager, in theirhis or her discretion.
4. The POW/MIA Flag will be flown beneath the National flag.
5. The Ceremonial Flag Pole will be located beside the existing governmental designated flag pole outside of the principal municipal administrative building or other municipal buildings at the City Manager’s discretion.
Agenda Item #10.1.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESCINDING RESOLUTION 2022-31 AND AMENDING
THE POLICY P-CC-0001 OUTDOOR DISPLAY OF
GOVERNMENTAL AND COMMEMORATIVE OR OTHER
GOVERNMENTAL FLAGS ON CITY PROPERTY OR AT
CITY HALL
RECITALS
A. On June 13, 2017, the St. Helena City Council established a uniform policy to govern the flying of the National, State, and City flags on City-owned properties at half-staff to pay homage to the deceased and to govern the display of Commemorative or other Governmental flags on specified City-owned flagpoles; and B. On May 10, 2022, the City Council amended the policy to allow the POW/MIA flag to be flown beneath the National flag; and
C. On July 23, 2024, the City Council established in Exhibit A, the Ceremonial Flagpole is located at the City of St. Helena City Hall.
D. The City Council desires to have flag requests processed administratively and all requests must be consistent with the City Council’s mission and vision statements.
RESOLUTION
The City Council of the City of St. Helena hereby resolves:
1. Rescinds Resolution 2022-31; and
2. Approves amending City Council Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags attached Exhibit A; and
3. If any action, subsection, clause or phrase of this Resolution or the policies in Exhibit A shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or of the policy adopted by this Resolution that can be given effect without the invalid provisions.
4. The City Council finds that the project is exempt from the requirements of CEQA pursuant to section 15303 in that it qualifies for a Class 3 Categorical Exemption.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024, by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Council Member Chouteau: _____
Agenda Item #10.1.
Council Member Kenealy: _____
Council Member Summers: _____
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: July 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration and approval of a Resolution Establishing Appropriation Limits for Fiscal Year 2024-25 and the
Selection of Current Year Adjustment Factors.
RECOMMENDED
ACTION:
Staff recommends the City Council of the City of St.
Helena adopt a Resolution establishing an appropriation limit for Fiscal Year 2024-25.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose is to set the FY 2024-25 appropriation limit per California State law requirements.
FINANCIAL IMPACT: None, since the Appropriation Limit is higher than the Appropriations subject to Limit for Fiscal Year 2024-25.
BACKGROUND:
State law requires the City to set an appropriation limit after adoption of the annual budget. This limit is commonly known as the “Gann Limit.” The limit is based on appropriations (formal authorization by the City Council to spend funds) only from proceeds of taxes, as defined by the law and statewide reporting guidelines. The appropriation limit amount is increased each year by a formula that uses a combination of percent changes in the Statewide Per Capita Income (PCI), city or county population, and the City non-residential assessed valuation. The factors are allowed to be used in combination to provide the greatest increase or least decrease in the annual appropriation limit.
In November 1979, the people of California added Article XIII-B to the State Constitution, which placed limitations on the appropriations of State and local governments. In June 1990, the people approved Proposition 111, which, among other things, amended the Article XIII-B. The amendment created a new base year of FY 1986-87, allowed annual increases based on the city or county population growth and assessed valuation growth of non-residential property, provides for exclusion of capital expenditures over $100,000, and requires an annual independent auditor review of the calculations. Statewide reporting guidelines were developed to define and implement the changes and establish the annual audit requirements.
The City’s appropriation limit and the appropriations subject to the limit are calculated based on the statewide reporting guidelines and are reviewed by the independent auditor for compliance with the State law and guidelines. The appropriations limit has Agenda Item #10.2.
increased significantly since 1987 by applying the higher of county or city population growth rates and the percentage of non-residential assessed valuation growth. The State Department of Finance provides the PCI and population growth rates. The County Assessor provides the non-residential assessed valuation information.
DISCUSSION:
The appropriations limit for FY 2024-25 is $66,052,614. This increased from the prior year by an increase in the Statewide Per Capita Personal Income of 3.62% in combination with the 0.57% increase in City population growth rate for a cumulative compound change factor of 1.0421 (1.0362 x 1.0057).
The FY 2024-25 appropriations of $66,052,614 is the portion funded from proceeds of taxes that are subject to the limit. This amount is $49,378,995 or 74.76% under the appropriation limit.
The FY 2024-25 GANN Limit Calculation Sheets and supporting documents are included as Attachment A and Attachment B.
ENVIRONMENTAL REVIEW: None.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Attachment 1_ Resolution FY25 GANN Limit
Attachment A - GANN Limit Calculations FY 2025
Attachment B - Price Factor and Population Information FY2025 Agenda Item #10.2.
CITY OF ST. HELENA
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA APPROVING THE APPROPRIATION LIMIT FOR
FISCAL YEAR 2024-25 AND THE SELECTION OF CURRENT
YEAR ADJUSTMENT FACTORS.
RECITALS
A. The people of California on November 6, 1979 added Article XIII-B to the State Constitution placing various limitations on the appropriations of the State and local governments; and
B. The State Legislature adopted Chapters 1205 and 1342 of the 1980 Statutes which implemented Article XIII-B; and
C. The people of California on June 5, 1990 amended Article XIII-B effective July 1, 1990; and
D. The provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued through the League of California Cities revised guidelines to recalculate the appropriations limit; and E. This Government Code provides the process in which to calculate the appropriation limit and requires cities to adopt a resolution setting the annual appropriation limit; and
F. The City of St. Helena has complied with the provisions of Article XIII-B in determining the appropriations limit for Fiscal Year 2024-25.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The annual adjustment factors used to calculate the FY 2024-25 appropriations limit shall be the change in statewide per capita personal income percentage of 3.62% and the change in City population growth rate of 0.57%; and
2. The FY 2024-25 appropriation limit shall be $66,052,614; and
3. The City reserves the right to change this factor selection at some future time when the necessary information becomes available on a regularly accepted and/or legislated basis.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024, by the following vote:
Agenda Item #10.2.
Mayor Paul Dohring: __________
Vice Mayor Eric Hall: __________
Councilmember Anna Chouteau: __________
Councilmember Patrick Kenealy: __________
Councilmember Billy Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.2.
CITY OF ST. HELENA
APPROPRIATIONS LIMITATION SUMMARY
Fiscal Year 2024‐25
PROCEEDS OF TAXES $ 16,673,618
EXCLUSIONS $ ‐
APPROPRIATIONS SUBJECT TO LIMITATION 16,673,618 $
CURRENT YEAR LIMIT $ 66,052,614
OVER (UNDER) LIMIT $ (49,378,995)
AVAILABLE CAPACITY AS A % OF LIMIT 74.76%
In November, 1979, the voters of the State of California approved Proposition 4, commonly known as the Gann Initiative. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of government Prop 4 became effective for the 1980/81 fiscal year, but the formula for calculating the limits was based on the 1978/79 "base year" revenues.
In order to deal with an increasing number of complaints about the restrictions of Prop 4, and to increase the accountability of local government in adopting their limits, the voters approved Prop 111 in June 1990. Among other things, Prop 111 provides new adjustment formulas which should make the Appropriations Limit more responsive to local growth issues. It also requires an annual review of Limit calculations.
The Appropriations Limitations imposed by Propositions 4 and 111 creates a restriction on the amount of revenue which can be appropriated in any fiscal year. The Limit is based on actual population and inflation.
Not all revenues are restricted by the Limit, only those which are referred to as "Proceeds of Taxes."
ATTACHMENT A
Agenda Item #10.2.
CITY OF ST. HELENA
Spending Limit Calculation
Fiscal Year 2024‐25
APPROPRIATIONS SUBJECT TO LIMIT
Fiscal year 2024‐2025 estimated revenues 18,708,047 $
Less:
Nonproceeds of tax (2,034,428) $
Plus:
User fees in excess of costs $ ‐ Total appropriations subject to limit: 16,673,618 $
APPROPRIATION LIMIT
Fiscal year 2023‐2024 appropriation limit: 63,383,756 $ A. Cost of living adjustment (1) 1.0362
B. Population adjustment (2) 1.0057
Change Factor (A x B) 1.0421
Increase in appropriation limit $ 2,668,858 FISCAL YEAR 2024‐2025 APPROPRIATION LIMIT 66,052,614 $
REMAINING APPROPRIATION CAPACITY 49,378,995 $
AVAILABLE CAPACITY AS A PERCENT OF LIMIT 74.76%
(1) Based on percentage change in California per capita income. (2) Based on annual population change for St. Helena.
Agenda Item #10.2.
CITY OF ST. HELENA
Spending Limit Calculation
Fiscal Year 2024‐25
PROCEEDS NON‐PROCEEDS
OF TAX OF TAX
Property tax 5,609,634 5,609,634 Retail sales/use tax 5,693,584 5,693,584 Transient occupancy tax 4,021,071 4,021,071 Business license tax 179,394 179,394 Real property transfer tax 161,113 161,113 Motor vehicle in‐lieu 964,260 964,260 Public Safety Sales Tax 84,315 84,315 Franchise Taxes 588,224 588,224 Charges for Services 776,587 776,587 Other Revenues 579,865 579,865
SUBTOTAL 16,629,056 $ $ 2,028,991 $ 18,658,047 PERCENT OF TOTAL 89.13% 10.87% 100.00%
INTEREST INCOME 44,563 $ $ 5,437 $ 50,000
TOTAL ‐ GENERAL FUND 16,673,618 $ $ 2,034,428 $ 18,708,047
(excludes interfund transfers & Sales Tax Set‐Aside)
REVENUE SOURCE TOTAL
Agenda Item #10.2.
CITY OF ST. HELENA
Appropriation Limitation Adjustments Since 2004
BUDGET PRICE POPULATION CHANGE PRIOR YEAR CURRENT
YEAR FACTOR FACTOR FACTOR APPROP LIMIT APPROP LIMIT 2003/2004 1.0231 1.0027 1.0259 32,274,992 33,109,700 2004/2005 1.0328 1.0099 1.0430 33,109,700 34,534,236 2005/2006 1.0526 1.0150 1.0684 34,534,236 36,895,998 2006/2007 1.0396 0.9119 0.9480 36,895,998 34,978,144 2007/2008 1.0460 1.0150 1.0617 34,978,144 36,586,269 2008/2009 1.0429 ‐1.0029 1.0400 36,586,269 38,049,720 2009/2010 1.0062 1.0114 1.0177 38,049,720 38,722,084 2010/2011 0.9746 1.0069 0.9813 38,722,084 37,998,939 2011/2012 0.9749 1.0069 0.9816 37,998,939 37,300,777 2012/2013 1.0377 1.0068 1.0448 37,300,777 38,970,224 2013/2014 1.0512 1.0029 1.0542 38,970,224 41,084,299 2014/2015 0.9977 1.0124 1.0101 41,084,299 41,498,079 2015/2016 1.0382 1.0209 1.0599 41,498,079 43,983,746 2016/2017 1.0537 1.0123 1.0667 43,983,746 46,915,725 2017/2018 1.0369 1.0025 1.0395 46,915,725 48,768,533 2018/2019 1.0367 1.0059 1.0428 48,768,533 50,856,632 2019/2020 1.0385 1.0023 1.0409 50,856,632 52,936,086 2020/2021 1.0373 0.9954 1.0325 52,936,086 54,658,013 2021/2022 1.0573 0.9961 1.0532 54,658,013 57,564,537 2022/2023 1.0755 0.9848 1.0592 57,564,537 60,969,617 Agenda Item #10.2.
!"
#
$
%
&
'(%
)*+,
-
+.
+/012*+)*/
2*+
3
4.
25
26
+2*++
2*2+62+
262
*25
+27
5+7
+*.2*+2**7*-
+6
+28 95*:./2*+6.2.
25
+27
5+7
+*.2*+2** ;+.<=
+*+:.+2*+>255+7
+25
*2*-+7 *
2* 2* .2
25 *2*+62*<
?
@82256
+2*-/
25
5+7
+)*+A
2
*++*6
+/+
16
*.2B+725
2*2*.2
25
?
@*2*+6282256
+2C*-/
25
2<+/ .++**2
/*.+2<*.2*+
+27
5+7
82256
+2)*-/
25
*.2*+
+27
5+7
**.+2
+/25
.66
/+**2
/
805
+
+27
5+7
/2
1./
/
+/22
+22.2*+B
/ ++/62<*.2*+8
!"
DE
F$
G "H'
' I*6
/226.2
2J5+++.*2*+628)*+,
-
+.
+/012*+)*/
2*+
K*-/
//2*++*62*+
7/+725
*2*+6282
LMMMC
2*+NO)P*25
)*+)*+22.2*+
1 62
2+
/22*625
*2*+62.2*+6+/2
8I
/22
4.
/J<>2*.2
25 *2*+626.2
+225
.2*+ 2*25
++../28+<4.
2*+
/225-
*+25
4.
6 +25*./ J
/
2
/2*25
*.+2< /22
7*.+
*25
>2
8Q*22
7
+<
-
>25
**2*+628
!"
D
$
05 *.2*+
22*+*76
*+<2*2
+/*.+2
8)*+ ,
-
+.
+/012*+)*/
2*+==@8R6+/2
++
2*.2*62<
2< +<*.2*+
262
252
1
/25
.
+2
2
/*.2*+>2525
I22
)*+2*
A
8
S""
$T
EEFE'
%
EG
D
""UT V!
WXYZY[8\
+*2
05
*<
A2<*.2*+
262
6<J
-
/805
2
*++*6
5+7
J
/*+52*/28
M<*.5-
+<4.
2*+
7/+725/2
*+2225
6*75 ,
5]+22ON=RP
?
KR8
^,5/_5+ ,M)`,
_MaaM`Q )5
2+7
2256
+2
ATTACHMENT B
Agenda Item #10.2.
! " #$%# #&
'
()*+,+- '
()*+,+./0 ! *'
()*+,+.
0
(
111 ! " #$%# #111 !
(+-1+.)1)1+-)1)1+.)1)1+.
23
45 676896:;<<
:=><?
:=<@
:=<@
7A9B
;
?=:
<=:
=:
23
;:><<=
<
<<=:<
<<=:<
CAD 6
;<=
@
=>:
=>:
9E6AF
;
?
=:@
=:@
=<@:
G669
39 A H
;
@
:=<<
:=<
=@I
79E6A8J9A
;>@:>
=@:I:>>=>
:>=
?
KLME966EH
H 6A96N H
5A
86AA966HB
9E3OE
A
H 6A6AA 5 6A
6AAEA96=AA 6HN H
9
A966AAEA966HF A
6P95 ;
Agenda Item #10.2.
!
"
#$%$&' (%)
#
% %"
*)+"$%%%,!'
#
$!!%!$%),-.$*%
%"#
+%*
))+
-%(./#
% %"*)+"$%!%*(
(#
!
$!$!
%)$)%,
"
#
!
)$+
#$)+
)!
$!$!
%)$)%,
(0#
!
)$+
#$)+
%-
'
()
)+#
" $.
$1213415
$!!%!$%),
6 7$!$6
%)$
)%,
8 $9
$6
)$+
#$)+
:89;%*
!%.
$
1213415<=1
8%%>)+ $)
?$,!
' )+ $,!
!%!'$%)#$)+
$)(#
#$)+
)
7$"%)$!
$!$!
%)$)%,
$ +%>#"$% )%,!')+$
1213415$!!%!$%),
@AB
6 7$!$7% %"C*)+7#$)+
D<=1!
)
6%!'$%)7#$)+
D2EF!
)
6 7$!$7% %"C*)+%)*
(%$$% <=1GE22DE2<=1
E22
6%!'$%)%)*
(%$$% 2EFGE22DE22EF
E22
7$'$%)%""$%"%891213415 E2<=1?E22EFDE2<FH
Agenda Item #10.2.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: July 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed approval of a Resolution approving a one-year agreement with MarinIT to provide Information Technology Services for an amount not-to-exceed $288,849 for FY
2024-25.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose is to approve an agreement with MarinIT to
provide IT services during FY 2024-25.
FINANCIAL IMPACT: The total Financial Impact of $288,849 has been included in the approved FY 2024-25 Operating Budget utilizing
funds as follows:
General Fund (Fund 101) - $192,847
Water Fund (Fund 561) - $38,570
Wastewater Fund (Fund 571) - $25,713
Equipment Replacement Fund (Fund 592) - $31,719
BACKGROUND:
An informal solicitation of proposals was conducted in 2012 and MarinIT was selected from this process to provide citywide IT services. The City has contracted with MarinIT for over ten years to provide 24/7 network support as well as workstation/desktop maintenance.
In FY 2017-18 the City added additional support services for the new VoIP phone system that the City implemented in December of 2017 which increased the Informational Technology (IT) Support Agreement from $60,000 to $80,000 annually.
In FY 2019-20, the City migrated to the Office 365 Subscription which added additional costs to the overall MarinIT contract, as this is a pass-through cost to the City.
In FY 2021-22 the City added enhanced Cybersecurity and Network Monitoring to the MarinIT contract adding an additional $34,000 to the annual contract.
In FY 2022-23 the City increased the number of licenses it held and enhanced security scans which resulted in a 6% increase over the FY 2021-22 agreement.
Agenda Item #10.3.
Excluding special projects included in FY 2022-23, the recommended agreement is a
29.4% increase over the FY 2021-22 and is primarily due to additional on-site hours for IT support to better meet the needs of the organization.
DISCUSSION:
The City is recommending continuing to contract with MarinIT in FY 2024-25 for its citywide IT support services. The services the City currently receives from MarinIT include the following:
1. General IT support services
2. Facilitation of annual licensing, warranty, and software renewals
3. Cyber security awareness, monitoring, and training
4. Management and implementation of various annual IT needs, including special projects such as purchase and installation system hardware as various City facilities
Table 1 provides details for the FY 2024-25 recommendations.
Table 1: FY 2024-25 MarinIT Recommendations
Description Cost
Managed Services - Annual
Onsite IT Service, Support, & Maintenance 162,240
Mobile Device Management 13,520
Hosted Servers, VM Licensing, & Maintenance 15,120
PC and Server Monitoring - Automate Proactive Monitoring: AntiVirus/Malware 48,750 Subtotal $239,630
Business Continuity
Managed Coud Data Backup - Servers 5,016
Managed Cloud Backup for 365 Environment 1,197
Subtotal $6,213
Cyber-Security
2-Factor Authentication 16,190
Security Awareness Training 3,500
Licenses for Security Awareness Training 4,979
Subtotal $24,669
Annual Maintenance Renewals
Hardware Maintenance/Support Renewal 7,500
Subtotal $7,500
Other
Contract Contingency 10,000
Subtotal $10,000
Estimated Tax 837
Agenda Item #10.3.
TOTAL $288,849
The recommended agreement is a 10.45% increase over the FY 2023-24 and is primarily due to additional cyber-security efforts, which include implementation of twofactor authentication. The costs associated with equipment replacement will be charged to the designated Equipment Replacement Fund and all other costs are distributed between the General Fund, Water Fund, and Wastewater Fund.
In the upcoming fiscal year, the City will be evaluating its IT service needs and issue a request for proposals to ensure transparency, competition, and cost effectiveness in the IT service contract.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
Resolution - FY 2024-25 MarinIT Agreement
PSA Marin IT FY 2023-24 IT Support-c1
Agenda Item #10.3.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
APPROVING A ONE-YEAR AGREEMENT WITH MARIN IT
TO PROVIDE INFORMATION TECHNOLOGY SERVICES
FOR AN AMOUNT NOT-TO-EXCEED $288,849 for FY
2024-25.
RECITALS
A. In 2012, an informal solicitation of proposals was conducted for outsourced Information Technology services; and
B. Marin IT was selected from this process; and
C. The City has contracted with MarinIT for the past eleven years to provide 24/7 network support as well as workstation/desktop maintenance; and D. In FY 2017-18 the City added additional support services with MarinIT for the new VoIP phone system which was implemented in December 2017; and E. In FY 2021-22 the City added additional services for enhanced cyber security scans; and
F. In FY 2023-24 the City has requested to additional on-site support hours to meet the ongoing needs of the organization; and
G. In FY 2024-25 the City is adding additional services related to cyber security, which includes implementation of two-factor authentication; and H. The City desires to continue receiving professional information technology services on a limited and “as needed” basis in connection with information technology support and phone services; and
I. MarinIT has represented that they have the necessary expertise, experience, and qualification to perform the required duties.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council approves the Agreement with MarinIT for a total not to exceed amount of $288,849; and
Agenda Item #10.3.
2. The City Council authorizes the City Manager to execute the agreement on behalf of the City.
3. Funding is provided as follows:
Funding Details Fund GL Account Amount
Previously authorized in
FY 2024-25 Operating
Budget
General Fund 101-43-20-21-30 175,883
Previously authorized in
FY 2024-25 Operating
Budget
General Fund 101-43-20-23-35 16,965
Previously authorized in
FY 2024-25 Operating
Budget
Water Fund 561-43-20-21-30 35,177
Previously authorized in
FY 2024-25 Operating
Budget
Water Fund 561-43-20-23-35 3,393
Previously authorized in
FY 2024-25 Operating
Budget
Wastewater Fund 571-43-20-21-30 23,451
Previously authorized in
FY 2024-25 Operating
Budget
Wastewater Fund 571-43-20-23-35 2,262
Previously authorized in
FY 2024-25 Operating
Budget
Equipment
Replacement Fund 592-43-20-22-12 31,719
TOTAL $288,849
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Paul Dohring:
Vice Mayor Eric Hall:
Council Member Anna Chouteau:
Council Member Pat Kenealy:
Council Member Billy Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on July 23, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and MarinIT (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as FY 2024-25 COSH IT Annual Support.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Scope of Services” attached hereto and made a part hereof. Total compensation shall not exceed $288,849 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 Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.
Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
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 Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
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: $2,000,000 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: $2,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Cyber Liability Insurance.
1. Cyber Liability Insurance with limits not less than $1,000,000 per claim.
2. Coverage shall be sufficient broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
3. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
E. Excess Limits. If Consultant maintains higher limits than the minimums shown Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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 Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
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.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by 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 Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
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.
Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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.
Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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.
Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
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 issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first-class mail, addressed as follows:
To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: MarinIT
366 Bel Marin Keys Blvd.
Novato, CA 94939
415-842-3275
Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
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.
Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
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 Agenda Item #10.3.
MarinIT, FY 2024-25 Annual Support
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: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.3.
www.marinit.com -
Managed Services
DESCRIPTION PRICE QTY EXT. PRICE
Monthly Support
IT Service, Support, Maintenance - Billed Monthly - Onsite and Remote
24 hours per week for 1 year @ $130 per hour
Total of 1248 hours annually
Onsite Services performed:
Help Desk Ticket/end-user break/fix resolution
Server Maintenance - DNS, DHCP, patching/hot-fixes, examine server logs, etc
End-user device and peripheral maintenance
Network device maintenance (switching, firewall, wireless) - firmware updates, examine log files, misc adjustments as needed MDT & CAD/RMS support (PD)
Software support/updates
Device software/firmware updates
Office 365 management/administration
Remote Access (VPN) support
Manage and maintain data backups
o Review logs and verify process is in working order
o perform corrective action when needed
o perform quarterly test restores
Review Anti-Virus\Security logs, verify security definitions are up to date, take required corrective action
Active Directory and end-user account maintenance
$13,520.00 12 $162,240.00
Mobile Device Management - Billed Monthly as needed
Estimated at 2 hours per week at $130 per hour (104 hours annually)
Maintain phone list
Place orders for new hires
Activate/deactivate as needed
* - Billed as needed - client only billed for hours used $13,520.00 1 $13,520.00
Hosted Servers
Monthly Recurring for Hosted Domain Controller $255.00 12 $3,060.00 Quote #2024-004463 v1 Page: 5 of 14
Agenda Item #10.3.
www.marinit.com -
Managed Services
DESCRIPTION PRICE QTY EXT. PRICE
Monthly Recurring for Hosted File Server
**This cost will go away once the File Server is transitioned to SharePoint
$900.00 12 $10,800.00
Monthly Recurring for VM Licensing and Maintenance $105.00 12 $1,260.00 PC and Server Monitoring
Automate Proactive Monitoring and Remote Control - Includes AntiVirus/Malware with EDR Billed Monthly PC and Server
Includes software - anti-virus/malware with EDR
o EDR - Endpoint Detection and Response
o Real-time continuous monitoring and endpoint data
analytics with advanced reporting and rule-based
automated response to threats
Up to 125 devices (Servers, PC/MAC) @ $32.50 each per month ($4062.50 monthly)
Pro-active system monitoring and alerting
Advanced IT asset inventory reporting and management
Secure remote control
* - Device count will be adjusted as needed - Client is only billed for devices in use
** - License renewal fee of $2500 waived
$4,062.50 12 $48,750.00
Subtotal: $239,630.00
Business Continuity
DESCRIPTION PRICE QTY EXT. PRICE
Managed Cloud Data Backup - Servers
Veeam Backup and Replication Enterprise Edition - 1 license per Server - 1 Year - billed monthly
Annual total $772.80 (12 months @ $64.40 per month)
$6.44 10 $64.40
Quote #2024-004463 v1 Page: 6 of 14
Agenda Item #10.3.
www.marinit.com -
Business Continuity
DESCRIPTION PRICE QTY EXT. PRICE
Secure Cloud Backup with Veeam Cloud Connect - 15 TB - 1 Year - Billed Monthly
Annual total - $4501.80 (12 months @ $412.66 per month) Cost will go down roughly $100 per month after File Server is transitioned to SharePoint
Covers All City Departments, including PD
$412.66 12 $4,951.92
Managed Cloud Backup for 365 Environment
11:11 Cloud Backup for Microsoft 365 with Veeam - 1 Year - Billed Monthly
Covers up to 155 accounts
Includes protection for all Microsoft 365 data, including SharePoint, Exchange, OneDrive, and Teams
Customer defined retention policy
24x7x365 Support
End-to-End Encryption
Unlimited Storage Quota
Annual total - $2540.64 (12 months @ $211.72 per month) $211.72 1 $211.72
11:11 Immutable 365 Shadow Copy - 1 Year - Billed Monthly Immutable option locks data - unchangeable, and undeleteable $82.05 12 $984.60
Subtotal: $6,212.64
Cyber-Security
DESCRIPTION PRICE QTY EXT. PRICE
2-Factor Authentication
Quote #2024-004463 v1 Page: 7 of 14
Agenda Item #10.3.
www.marinit.com -
Cyber-Security
DESCRIPTION PRICE QTY EXT. PRICE
Standard Cisco Duo Access edition - 1 Year Term - 1-Time annual cost
Standard Cisco Duo Access edition - Annual Subscription - Priced $72.00 per user, for 140 users
Multi-Factor Authentication (MFA) protects against stolen credentials and account take-over
Phishing Resistant Authentication prevents attackers from bypassing MFA (includes verified Duo push and support for FIDO2 authenticators)
DOJ/FIPS compliant Trusted Endpoints, checks that device is registered or managed, before allowing access
Cisco Support Included
$72.00 140 $10,080.00
Cisco hardware Token - 10 Pack
Required RFID token to authenticate users users who do not have City-issued cellular phone and do not want to run the app on their personal phone. Device will provide a random security PIN that is tied to the user account
These tokens are for City Staff only - the Police Department will use a different device that is compatible with the RIMS CAD program
$265.32 10 $2,653.20
Yubico - YubiKey 5 NFC - Two-Factor authentication (2FA) Security Key
For Police Staff Only
Required for 2-Factor authentication to gain entry into RIMS CAD\RMS
o DOJ Requirement beginning in October 2024
o Will also authenticate Domain accounts
o YubiKey is the only compatible RIMS 2-factor device
$53.80 25 $1,345.00
Quote #2024-004463 v1 Page: 8 of 14
Agenda Item #10.3.
www.marinit.com -
Cyber-Security
DESCRIPTION PRICE QTY EXT. PRICE
1Password - Password Management Service - Annual Billing - 25 users
1 Password Subscription - Billed Annually
Each user vault is encrypted
PC or Mac (Android and Iphone apps available)
Business license includes 1Password for Families (Licensed users can create a personal vault)
For Sr. Staff, HR, Accounting/Finance, PD Admin staff Add\suspend accounts at any time
$2,112.00 1 $2,112.00
Security Awareness Training
Project Management for KnowBe4 - One-Time Annual Billing - Coordinate campaign with CoC management staff
Build campaign and publish videos, prepare end-user
communications
Monitor training - begin email campaign
Monitor and prepare reports as needed
Present to CoC management and plan post-campaign action items
Covers 2 campaigns for the year - billed at the start of the campaign
1 Campaign annually is the minimum, however Marin IT recommends running 2 the first year
$3,500.00 1 $3,500.00
Licenses for Security Awareness Training
Quote #2024-004463 v1 Page: 9 of 14
Agenda Item #10.3.
www.marinit.com -
Cyber-Security
DESCRIPTION PRICE QTY EXT. PRICE
KnowBe4 Diamond - Security awareness training and Simulated Phishing platform
Up to 130 subscription seats of KnowBe4 Diamond level cyber security awareness training platform - $27.50 per user, per year, - $1,787.50 KnowBe4 Diamond level includes:
Training videos to help users identify phishing and ransomware attacks.
Printed materials reminding users about cyber security and how to identify phishing and ransomware attempts.
Simulated phishing campaigns to measure cyber security awareness, both prior to initial training and ongoing.
Phish Alert Button Outlook Plug-in for reporting suspicious email to IT.
Second Chance - Link Transparency for Outlook. - Second Chance is a pop-up window to show the URL you're about to go to, regardless of how it's displayed in the body of the email. End User clicker reports for measuring training efficacy. Remedial Training for "clickers", users who click links in simulated phishing emails following training.
Reported phishing attack statistics.
Reports on training attendance per user.
* Marin IT recommends at least 1 campaign per year
** Client only billed for actual licenses required. Total will be adjusted as needed
$3,575.00 1 $3,575.00
Quote #2024-004463 v1 Page: 10 of 14
Agenda Item #10.3.
www.marinit.com -
Cyber-Security
DESCRIPTION PRICE QTY EXT. PRICE
KnowBe4 PhishER - Automatic and Safe Analysis of Reported Phishing Attempts
KnowBe4 PhishER - Automatic and Safe Analysis of Reported Phishing Attempts - Priced at $10.80 per user, per year for 130 users - $1404.00* When users report suspected phishing attempts with the Phish Alert button in Outlook, the message needs to be analyzed to determine if it's a legitimate email (false positive) or a threat. As phishing attempts are getting more sophisticated, this becomes more challenging, and more error prone, for a human.
Phish ER is an AI that scans the suspected phishing attempt and analyzes it against known malicious attempts across the organization. If a message is found to be malicious, it scans for other instances in the organization. If a message is found to be clean and falsely reported, it is returned to the user. And it does all of this faster than a human ever could, which is important because reaction time is a factor in mitigating cyber security events.
*This is not a requirement for cyber security awareness training, but it mitigates the risks of either triggering an event by trying to evaluate it, or falsely reporting (and deleting) an important message.
*Price will be adjusted + or - based on actual usage.
$1,404.00 1 $1,404.00
Subtotal: $24,669.20
Annual Maintenance Renewals
DESCRIPTION PRICE QTY EXT. PRICE
Estimated Annual Hardware Maintenance/Support Renewals
Estimated Annual maintenance agreements
Cisco
Meraki (Wireless)
Palo Alto (Firewalls)
$7,500.00 1 $7,500.00
Subtotal: $7,500.00
Quote #2024-004463 v1 Page: 11 of 14
Agenda Item #10.3.
www.marinit.com -
Contingency
DESCRIPTION PRICE QTY EXT. PRICE
Budgetary Contingency
Recommended for unexpected, mission critical hardware, software or labor expenditures that cannot wait until the next budget cycle. Client must approve the expense.
$10,000.00 1 $10,000.00
Subtotal: $10,000.00
Quote #2024-004463 v1 Page: 12 of 14
Agenda Item #10.3.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: July 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Approval of a Resolution authorizing the City Manager to execute a Professional Services Agreement with
Beauchaine Consulting Group, LLC to provide public
management consulting services related to labor
negotiations in an amount not-to-exceed $50,000.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose is the execute an agreement with
Beauchaine Consulting Group to provide services to the
City of St. Helena related to labor relations, including negotiations for the labor contracts that expire on June 30, 2025.
FINANCIAL IMPACT: The total Financial Impact of $50,000 has been included in the approved FY 2024-25 Operating Budget utilizing
General Fund.
BACKGROUND:
The City of St. Helena currently has three formally recognized bargaining groups, which include the following:
St. Helena Employees Association (SHEA)
St. Helena Police Officers' Association (POA)
St. Helena Professional Firefighters Association (SHPFA) The City negotiated a collective bargaining agreement or Memorandum of Understanding with each of the bargaining groups that establishes an agreement on topics such as wages, hours, and terms and conditions of employment.
In addition to the formally recognized groups, the City has one additional full-time employee group that is unrepresented, which consists of Department Heads and MidManagers. Wages, hours, and terms and conditions of employment for the unrepresented group our outlined in the Unrepresented Compensation Program.
Each of the existing agreements were negotiated for a specific term, which are due to expire on June 30, 2025. In order to make amendments to the existing conditions of the Agenda Item #10.4.
agreements, which includes updating the term of the agreement, the City is required to engage in discussions ("meet and confer") with each of the bargaining groups involved to reach mutual agreements on proposed updates.
DISCUSSION:
As the City enters into the last year of the memorandums of understandings for each of the bargaining groups, the City is recommending entering into a Professional Services Agreement with Beauchaine Consulting Group, LLC (BCG) to provide public management consulting services related to labor negotiations.
Labor negotiations can involve complex legal issues and regulatory requirements.
External negotiators are often well-versed in these areas, helping to ensure that the organization remains compliant with relevant laws and regulations. In addition, experienced negotiators have insights to industry trends and best practices. This can provide valuable benchmarks and strategic guidance during negotiations.
BCG will act as the City's Chief Labor Negotiator to negotiate a new term for the existing memorandum of understandings, as well as assist with labor relations that require meet and confer with the collective bargaining groups.
BCG has extensive experience in major Human Resources functions with a special emphasis on employee & labor relations, negotiations, memorandum of understanding and collective bargaining agreement draft review, police & fire, as well as policy & personnel rules review and updating.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Goal 6: Improve Employee Recruitment, Retention, & Morale DOCUMENTS ATTACHMENTS:
Resolution Beauchaine Consulting Group PSA
PSA Beauchanie Consulting Group, LLC 700124 Public Management Consulting Agenda Item #10.4.
CITY OF ST. HELENA
RESOLUTION NO. 2024 -
Authorizing the City Manager execute a Professional Services Agreement with Beauchaine Consulting Group, LLC for public management consulting services related to labor negotiations in an amount not-to-exceed $50,000.
RECITALS
A. The City of St. Helena currently has three formally recognized bargaining groups, which include, St. Helena Employees Association, St. Helena Police Officers’ Association, and St. Helena Professional Firefighters Association; and B. The City negotiated a collective bargaining agreement or Memorandum of Understanding with each of the bargaining groups that establishes an agreement on topics such as wages, hours, and terms and conditions of employment; and C. The City has one additional full-time employee group that is unrepresented, which consists of Department Heads and Mid-Managers. Wages, hours, and terms and conditions of employment for the unrepresented group our outlined in the Unrepresented Compensation Program; and
D. Each of the existing agreements were negotiated for a specific term, which are due to expire on June 30, 2025; and
E. In order to make amendments to the existing conditions of the agreements, which includes updating the term of the agreement, the City is required to engage in discussions ("meet and confer") with each of the bargaining groups involved to reach mutual agreements on proposed updates; and
F. Beauchaine Consulting Group, LLC (BCG) has extensive experience in major Human Resources functions with a special emphasis on employee & labor relations, negotiations, memorandum of understanding and collective bargaining agreement draft review, police & fire, as well as policy & personnel rules review and updating G. The City of St. Helena and BCG now desire to execute an a Professional Services Agreement to provide public management consulting services related to labor negotiations for a total amount not-to-exceed $50,000.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to execute a Professional Services Agreement with Beauchaine Consulting Group, LLC (BCG) to provide public management consulting services related to labor negotiations for a total amount not-to-exceed $50,000.
Agenda Item #10.4.
2. Funding is provided as follows:
Funding Details Fund GL Account Amount
FY 2024-25: Previously
authorized in FY 2024-25
Operating Budget
General Fund 101-43-10-21-45 $50,000
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024, by the following vote:
Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Kenealy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on July 1, 2024, by and between the City of St. Helena, located in the County of Napa, State of California (City), and Beauchaine Consulting Group, LLC (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as public management consulting services.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services & Engagement Letter” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services & Engagement Letter” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services & Engagement Letter”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A. Total compensation shall not exceed fifty thousand dollars ($50,000.00) 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. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 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: $2,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, officers, officials, employees, representatives, and volunteers (the “Indemnitees”) from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 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 the Indemnifying Party, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and the Indemnifying Party agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against Indemnitees, 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 the Indemnifying Party has agreed to indemnify Indemnitees as provided above, Indemnifying Party, upon notice from Indemnitees, shall defend Indemnitees at Indemnifying Party’s expense by counsel acceptable to Indemnitees, 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 Indemnitees’ sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the 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 Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
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 Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 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 – 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, Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 17 – 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 18 – 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 & Engagement Letter”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 19 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile, first class mail, or email addressed as follows:
To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Beauchaine Consulting Group, LLC
Stephanie Beauchaine, Managing Member
[email protected]
PO Box 314
Fortuna, CA 95540
1-707-298-7564
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 20 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 21 – 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 22 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibit, 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 23 – 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.
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 SECTION 24 – 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 25 – 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 26 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 27 – 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 28 – 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 29 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third-party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
Agenda Item #10.4.
Beauchaine Consulting Group Public Management Consulting 070124 SECTION 30 – 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 31 – ORDER OF PRECEDENCE
In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.4.
EXHIBIT A
Scope of Services
1. Serve as the CLIENT’s Labor Negotiations Advisor and Labor Negotiator through June 30, 2025;
2. Allow CLIENT’s City Council the opportunity to create the guidelines and parameters for ensuing discussions with CLIENT’s recognized employee group(s);
3. Meet with CLIENT’s Negotiation Committee and City Council to ensure proper relations with CLIENT’s City Council and to assist in the formulation of CLIENT’s position(s) for forthcoming meetings with CLIENT’s recognized employee group(s);
4. Collaboratively develop guidelines, proposals, counter-proposals, strategies, and human resources and labor relations documents as are necessary to negotiations, specifically in cooperation with CLIENT’s duly provided complementary/sub-specialists and licensed professionals, needed, or desired for input, review, or approval, as described in, including, but not necessarily limited to, CLIENT’s Negotiation Committee members and, without limitation, CLIENT’s City Council, as well as CLIENT’s legal counsel and actuary(ies), if/as necessary or desired.
5. Assist in developing tentative agreements, and MOU provisions, as are reasonable and/or necessary to negotiations, specifically at the direction of CLIENT’s Negotiation Committee and CLIENT’s City Council, and with the cooperation, review, and/or approval of any other appropriate, duly provided CLIENT complementary/sub-specialists and licensed professionals, including, but not necessarily limited to CLIENT’S legal counsel, where CLIENT shall ensure that all tentative agreements and MOU provisions are subject to final review and approval by CLIENT’s legal counsel and any other necessary or desired complementary/sub-specialists and licensed professionals, prior to MOU adoption by CLIENT’s City Council.
6. Serve as the CLIENT’s Labor Negotiations Advisor and Labor Negotiator in any impasse proceedings or unit determination disputes.
Hourly Fees
Generally, our fees for services are calculated based upon the applicable hourly rates for those professionals who perform the work-at-hand. Our schedule of hourly rates for such personnel is based on experience, education, training, and skill. Our 2024 schedule for the City of St. Helena is as follows, which now represents a discounted rate for local and current clients after our July 1, 2024 increases:
Agenda Item #10.4.
Agenda Item #10.4.
1 | Page Client Engagement Letter
Engagement Letter
We are pleased to have the opportunity to provide public management consulting services to the City of St. Helena. This letter is intended to confirm the terms upon which Beauchaine Consulting Group, LLC. will provide professional services to your organization.
1. Professional Services: Our goal is to provide your team with high quality public management consulting services, on schedule, and at a reasonable cost. Although we will do our best to serve you effectively, we cannot guarantee a specific outcome on any given project or endeavor. Nor do we guarantee that any particular result will be attained by us.
2. Reliance: In the course of providing consulting services to your organization, we may be reliant on your team to provide us with accurate and detailed information, from which we will base our strategy, recommendations, or calculations. We are not responsible for any adverse impacts of strategy decisions or calculations made due to the omission of information.
In some circumstances we may find that certain figures, supporting documents, or historical information that we would ordinarily rely upon are unavailable. In this circumstance, we will discuss the matter with your team and together decide upon a course of action. In such circumstances, we are not responsible for any adverse impacts that may arise from recommendations, calculations, or strategies derived without the information from which we ordinarily rely upon.
3. Costs: While rendering services pursuant to this engagement, it may be necessary for us to incur expenses for items such as special delivery services, copying, and or supplies. These costs may include a 5% mark-up to cover our costs associated with providing the billed service or product to your team.
4. Expert Testimony: In the event of any legal or other controversy where City requests the services of Consultant in providing expert testimony, deposition, or participation in any investigation in connection with this engagement, except to the extent such suits or claims by third parties against the client arise out of errors or omissions of the consultant, the client shall pay the hourly charges for such services provided, including costs of preparation and travel on a time-and-material basis. Costs associated with testimony and preparation are not subject to any compensation caps established in this or any other agreement, and this provision shall survive the suspension or termination of the engagement.
5. Invoices: Our invoices are prepared and mailed as services or expenses are incurred, on a weekly, bi-weekly, or monthly basis depending on the volume of work performed, with a net-30 term. Timely payment of invoices ensures resources remain available for your engagement.
Agenda Item #10.4.
2 | Page Client Engagement Letter
6. Late Payments: If City fails to make payment on invoices in full on, or before the due date set forth on the invoice, Consultant reserves the right to assess a monthly service charge equal to 3% of all fees and expenses which are past due. This monthly service charge will be billed to you at the end of each month in which a late payment occurs. In no event will the service charge be greater than permitted by any applicable law. We also reserve the right to apply funds held as retainer against any past due amounts.
7. Retainer: We may require a retainer or advance payment before commencing work on your behalf. In most cases, the retainer amount is calculated to cover initial consultation fees, miscellaneous expenses, advance travel arrangements, or mobilization costs for on-site work. The retainer for your project is $0.
8. Warranties: During our engagement, we may recommend the purchase and installation of software or hardware, or we may recommend additional professional service providers to your team. We make no assurances or guarantee of any products or services referred, aside from any warranty or guarantee that may be provided by the vendor directly.
9. Confidentiality: We treat all aspects of our client relationships as confidential and will gladly provide or sign appropriate non-disclosure agreements as requested.
Agenda Item #10.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: July 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Recommended approval of a Resolution authorizing a twoyear Agreement with the Housing Authority of the City of Napa to provide contract housing services for an amount not-to-exceed $122,450 for the two-year period starting on July 1, 2025.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
May 24,2022 - Approval of STH Contract: FY2023-005 for
services rendered in FY 2022-23 and FY 2023-24.
STATEMENT OF THE
PURPOSE:
The purpose is to approve a two-year agreement starting July 1, 2025 through June 30, 2026 with the Housing
Authority of the City of Napa to provide housing services to the City of St. Helena.
FINANCIAL IMPACT: The total Financial Impact is $122,450 for a two-year period starting on July 1, 2025 through June 30, 2026. The Financial Impact of $60,100 has been included in the FY 2025-26 Operating Budget utilizing General Fund. The
additional Financial Impact of $62,350 will be included in the FY 2026-27 Operating Budget utilizing General Fund.
BACKGROUND:
In 2008, the Napa Valley Housing Authority Joint Powers Agreement was dissolved and the City of St. Helena entered into a separate agreement with the Housing Authority of the City of Napa (HACN). Since that time, the HACN has provided services related to affordable housing occupancy certifications, annual owner verification and eligibility, administration of the lottery process for new affordable housing units, technical assistance to the City related to development agreements, countywide homelessness representation, and other specific requests for technical assistance. HACN and the City have continued this contractual relationship and have a strong and productive working relationship.
The existing two-year agreement STH Contract: FY2023-005 spanned FY 2022-23 and FY 2023-24 for a total amount not-to-exceed $114,000.
DISCUSSION:
The Housing Authority if the City of Napa provides valuable affordable housing services to the City of St. Helena that existing staff does not have the expertise to provide.
Agenda Item #10.5.
HACN has prepared a new two-year agreement to continue to provide housing related services to the City of St. Helena. These services currently include management of Section 8 housing and continuum of care services, regulatory agreement monitoring, review of development projects and proposed affordable housing regulatory agreements, and additional services that are mutually agreed upon. The proposed cost for FY 2024-25 is $60,100 and for FY 2025-26 is $62,350, for a total two-year amount not-to-exceed of $122,450.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:
Resolution 2024 - Housing Authority Agreement
Attachment 1 - St Helena - Housing Services Contract - Final Agenda Item #10.5.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTION AUTHORIZING A TWO-YEAR AGREEMENT FOR FY
2024-25 AND FY 2025-26 WITH THE HOUSING AUTHORITY OF THE CITY OF NAPA IN AN AMOUNT NOT-TO-EXCEED OF $122,450 TO
CONTINUE THEIR SERVICES AS THE CONTRACT HOUSING
AUTHORITY FOR THE CITY OF ST. HELENA.
A. The City of St. Helena desires to obtain housing services from the Housing Authority of the City of Napa (HACN) during Fiscal Year 2024-25 and Fiscal Year 2025-26; and
B. The City and HACN desire to enter into a two-year agreement for HACN to provide housing related services effective July 1, 2024 in an amount not-to-exceed $122,450 subject to the terms and conditions set forth in the agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
1. Authorize the City Manager to enter into a two-year agreement with the Housing Authority of the City of Napa to continue their services as the contract housing authority for the City of St. Helena in an amount $60,100 for FY 2024-25 and $62,350 for FY 2025-26 with a total amount not-to-exceed $122,450, and
2. Funding is provided as follows:
Funding Details Fund GL Account Amount
FY 2024-25: Previously
authorized in FY 2024-25
Operating Budget
General Fund 101-40-00-24-05 $60,100
FY 2025-26: New appropriation
to be included in FY 2025-26
Operating Budget
General Fund 101-40-00-24-05 $62,350
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Agenda Item #10.5.
Council Member Patrick Kenealy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.5.
INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AND BETWEEN THE
HOUSING AUTHORITY OF THE CITY OF NAPA AND
THE CITY OF ST. HELENA
HOUSING AUTHORITY OF THE CITY OF NAPA AGREEMENT NO. _____ CITY OF ST. HELENA AGREEMENT NO. _____
THIS AGREEMENT FOR SERVICES (this “Agreement”) is made and entered into as of July 1, 2024 (“Effective Date”), by and between the HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic (the "Authority"), and the CITY OF ST. HELENA, a municipal corporation (the “City”) under the joint exercise of powers provisions of the Government Code of the State of California, California Government Code Section 6500‐6536. City and Authority are public entities organized and operating under the laws of the State of California and each is a public entity as defined in California Government Code Section 6500. The Authority and City are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, the City desires to obtain housing services from the Authority during the Fiscal Year 2024 – 2025 and Fiscal Year 2025 – 2026, and the Authority is willing to provide such services to the City subject to the terms and conditions set forth herein.
TERMS
NOW, THEREFORE, City and Authority agree as follows:
1. Term of the Agreement. The term of this Agreementshall commence on the Effective Date and shall expire on June 30, 2026 (the “Term”) unless earlier terminated in accordance with Paragraphs 7 or 8 of this Agreement.
2. Scope of Services. Authority shall perform the services described in the Scope of Services in Exhibit “A”, attached hereto and incorporated by reference herein (the “Services”).
3. Compensation.
(a) Baseline Rates. In consideration of Authority’s performance of the Services, the City shall pay to Authority the baseline rate (“Baseline Rate”) of Fifty‐Six Thousand One Hundred Dollars ($56,100.00) for fiscal year 2024–2025 and Fifty‐Eight Thousand Three Hundred Fifty Dollars ($58,350.00) for fiscal year 2025–2026
(b) Pass‐Through Rate. In addition to the Baseline Rate, City shall pay to Authority the pass‐through rate (“Pass‐Through Rate”) of Four Thousand Dollars ($4,000) per fiscal year, of which Two Thousand Dollars ($2,000) per fiscal year will be paid by Authority to Abode Services (“Abode”) for County wide rental assistance services provided by Abode and Two Thousand Dollars ($2,000) per fiscal year will be paid by Authority to Fair Housing Napa Valley (“Fair Housing”) for Countywide fair housing, general housing and counseling services provided by Fair Housing. (c) Maximum Annual Compensation. The total compensation for the Services provided by Authority to the City under this Agreement, including the Baseline Rate and the Pass‐Through Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
Rate, shall not exceed $60,100.00 for fiscal year 2024‐2025 or $62,350.00 for fiscal year 2025‐2026 as detailed in the following table:
COMPENSATION BREAKDOWN
Service Provided FY2024‐25 Cost FY2025‐26 Cost Total Cost HACN Baseline Housing Services (Baseline
Rate) $56,100 $58,350 $114,450
Abode Services ‐ Rental Assistance (Pass‐
Through Rate) $2,000 $2,000 $4,000
Fair Housing Napa Valley ‐ Fair Housing,
General Housing and Counseling Services
(Pass‐Through Rate) $2,000 $2,000 $4,000
Total Service Cost $60,100 $62,350 $122,450
(d) Rate for Additional Services. If the City authorizes Authority to perform services that are not included in the Scope of Services set forth in Exhibit “A” (“Additional Services”), Authority will be compensated for the Additional Services on a time and materials basis. The rate for Authority’s time for the Additional Services shall be the then‐current fully burdened overhead rate (the “Fully Burdened Overhead Rate”) for the employee performing the Additional Services. The Fully Burdened Overhead Rate is an hourly billable rate that captures all Authority costs (direct and indirect) associated with an employee, over and above gross compensation or payroll costs. Typical costs associated with the Fully Burdened Overhead Rate include payroll taxes, worker's compensation, health insurance, paid time off, pension contributions, other benefits, and indirect costs including departmental and citywide administrative overhead allocations. The applicable Fully Burdened Overhead Rate will depend on the Authority employee performing the Additional Services as each employee has a different Fully Burdened Overhead Rate that is calculated based on that particular employee’s salary and benefits. (e) Invoices for Additional Services. Authority will submit a monthly itemized invoice to the City for any Additional Services provided by the Authority during the preceding month. The City will pay the Authority within 30 days after approval of each invoice.
4. Method of Payment. The Authority shall provide to City an invoice for payment for the Services on the following dates and in the following amounts:
(a) On July 1, 2024, an invoice equal to 50% of the Baseline Rate for fiscal year 2024‐2025 in the amount of $28,050.00 plus the Pass‐Through Rate for fiscal year 2024‐2025 of $4,000.00 for a total of $32,050.00; and
(b) On January 1, 2025, a second invoice for the remaining 50% of the Baseline Rate for fiscal year 2022‐2023 in the amount of $28,050.00.
(c) On July 1, 2025, a third invoice for 50% of the Baseline Rate for fiscal year 2025‐2026 in the amount of $29,175.00 plus the Pass‐Through Rate for fiscal year 2025‐2026 in the amount of $4,000.00 for a total of $33,175.00; and
(d) On January 1, 2026, a fourth invoice for the remaining 50% of the Baseline Rate for fiscal year 2025‐2026 in the amount of $29,175.00.
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
City shall pay the Authority within thirty (30) days following receipt of an invoice.
5. Independent Contractor. The Authority shall perform the Services under this Agreement as an independent contractor. The Authority and the officers, agents and employees of Authority are not, and shall not be deemed, City employees for any purpose, including workers' compensation. The Authority shall determine the method and manner by which the Services shall be performed. The Authority and its officers, employees and agents shall not be entitled to any of the benefits accorded to a City employee.
City shall not deduct or withhold any amounts whatsoever from the compensation paid to the Authority, including, but not limited to amounts required to be withheld for state and federal taxes. The Authority shall be solely responsible for all such payments.
6. Indemnification. To the fullest extent permitted by law, City shall defend, indemnify and hold harmless the Authority and its elected and appointed officials, officers, agents and employees from and against any and all liability or claims(including actions, demands, damages, injuries,settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to City’s acts or omissions under this Agreement. Consistent with Civil Code Section 2782, City will not be obligated to indemnify Authority for the proportionate share of the Liability caused by the Authority’s active negligence, sole negligence, or willful misconduct. City’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by City, including, but not limited to, workers’ compensation insurance. To the fullest extent permitted by law, Authority shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, agents and employees from and against any Liability of any nature, arising out of, pertaining to, or relating to the Authority’s acts or omissions under this Agreement. Consistent with Civil Code Section 2782, Authority will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. Authority’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Authority, including, but not limited to, workers’ compensation insurance.
7. Termination for Cause. If either party shall fail to fulfill in a timely and proper manner that party's obligations under this Agreement or otherwise breach this Agreement, the non‐defaulting party may, in addition to any other remedies it may have, terminate this Agreement by giving fifteen (15) days written notice to the defaulting party in the manner set forth in Paragraph 11 (Notices).
8. Termination for the Convenience of a Party. This Agreement may be terminated by either party for any reason and at any time by giving no less than thirty (30) days prior written notice of such termination to the other party and specifying the effective date thereof.
9. Payment for Work upon Expiration or Termination. In the event of termination for cause under Paragraph 7 or termination for the convenience of a party under Paragraph 8, Authority shall be entitled to receive compensation for any satisfactory Services and/or Additional Services provided by the Authority prior to the effective date of the notice subject to the maximum amount set forth in Paragraph 3(b). In the event the termination results in the Authority receiving payment in an amount that exceeds the amount due to Authority for the Services provided under this Agreement, City shall be entitled to receive reimbursement for any overpayment from Authority.
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
10. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
11. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by first class mail, postage prepaid. Any mailed notice, demand, request, consent, approval or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
AUTHORITY CITY OF ST. HELENA
Housing Manager Anil Comelo, City Manager
Housing Authority of the City of Napa City of St. Helena P.O. Box 660 1088 College Avenue
Napa, CA 94559 St. Helena, CA 94574
12. Confidentiality. Confidential information is defined as all information disclosed to the Authority which relatesto City past, present, and future activities, as well as activities under this Agreement.
Except as otherwise provided in Paragraph 15, as directed by the City Manager or designee thereof, or when required by the California Public Records Act, a subpoena or by court order, the Authority shall hold all such information as the Authority may receive, if any, in trust and confidence.
13. Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in a writing signed by the Parties.
14. Compliance with Laws. In the performance of this Agreement, the Authority shall observe and comply with all applicable Federal, State and local laws, ordinances, and codes.
15. Access to Records/Retention. City shall have access to any books, documents, papers and records of the Authority prepared or obtained by the Authority when providing the Services under this Agreement. Upon expiration or termination of this Agreement the Authority shall return all such records to City unless otherwise directed by City to retain or dispose of such records, except that with the written permission of City, the Authority may keep a copy of such records as long as such copy is maintained in confidence and is returned to City or its successor agency to be destroyed upon notification to Authority that City has authorized destruction of the original records.
16. Attorney's Fees. In the event that either party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action.
17. Interpretation. The headings used herein are for reference. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California.
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
18. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
19. Entirety of Contract. This Agreement, together with “Exhibits A and B” attached hereto and incorporated herein, constitutes the entire agreement between the Parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof.
20. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
21. Privileges and Immunities. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performance of this Agreement. [Signature page follows.]
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.
CITY:
CITY OF ST. HELENA, a municipal corporation
By: ________________________________________
ANIL COMELO, City Manager
ATTEST:
By: ________________________________________
CINDY TZAFOPOULOS, City Clerk
APPROVED AS TO FORM:
By: ________________________________________
ETHAN WALSH, City Attorney
AUTHORITY:
HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic By: ________________________________________
STEVE POTTER, Executive Director
ATTEST:
By: _________________________________
TIFFANY CARRANZA, Deputy Authority Secretary
COUNTERSIGNED:
By: ___________________________________
ERIKA LEAHY, Deputy City Auditor
APPROVED AS TO FORM:
By: _____________________________________
SABRINA WOLFSON, Interim Authority General Counsel
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
EXHIBIT “A”
Scope of Services
WORK PROGRAM DESCRIPTION
A. COUNTYWIDE ACTIVITIES
1. Section 8 Housing Services Administer HUD‐funded very low income rental housing assistance program in the
City of Napa (88%) and countywide (12%).
2. Continuum of Care Participate in Countywide Continuum of Care for delivery of homeless services &
projects.
B. STANDARD HOUSING SERVICES
1. Regulatory Agreement Monitoring Provide annual monitoring of affordable units listed in Exhibit B for compliance
with City regulatory agreements.
2. Review development projects Provide technical assistance reviewing proposed housing developments to
maximize affordability and number of
affordable housing units.
3. Loan Servicing Provide loan servicing and owner‐
occupancy monitoring for HOME rehab
loans.
4. Affordable Housing Regulatory Agreements Review affordable housing agreements & make recommendations on improvements
to the agreement.
5. Annual Meeting with Staff and Council Report on housing activities provided under this Agreement each year.
C. ADDITIONAL HOUSING SERVICES
1. Additional Services Additional Services are not covered by this Scope of Work. Authority shall be
compensated for any Additional Services
mutually agreed to by the parties in
accordance with paragraph 3(d).
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
EXHIBIT B ‐ MONITORING
DETAIL
Project Type Affordable Units Task Description
Single Family‐
Ownership
Marietta Townhomes BMR 10 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow‐up when necessary.
Update owner database
Wallis BMR 20 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow‐up when necessary.
Update owner database
Magnolia Oaks BMR 2 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow‐up when necessary.
Update owner database
Sherwin Project BMR 1 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow‐up when necessary.
Update owner database
HOME Loans Rehab 20* Annually
Loan servicing & owner occupancy certification,
verify insurance and taxes or HCD registration paid.
Follow‐up when necessary. Update Rehab
database.
RENTAL HOUSING
723 Hunt Avenue Apt. 4 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
957 Hunt Street Studio 2 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
1421 Railroad Avenue Apt. 1 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
Magnolia Oaks Apt. 10 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
Magnolia Oaks
2nd
units 6 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Turley Flats Apt. 8 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Grayson Apt. 2 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Agenda Item #10.5.
City of St. Helena
Services Agreement FY 2024‐2026
Stonebridge Apts. Apt. 80 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Additional affordable
housing units TBD up to 16** Annually
Lease up certification. Mail out project compliance
report and review tenant information for
compliance with Regulatory Agreement. Update
project database.
*Number of loans may increase or decrease over the term of the contract **Affordable units beyond number identified above shall be billed on a time and material basis in accordance with paragraph 3(d)
BMR: Below Market Rate
Agenda Item #10.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 23, 2024
FROM: Mario Traverso, Project Manager
SUBJECT: Consideration and proposed adoption of a Resolution accepting the work and directing the filing of the Notice of Completion for the Pavement Restoration Project, Capital Improvement Project R23-79.
RECOMMENDED
ACTION:
Approve attached Resolution.
PREVIOUS COUNCIL
ACTION:
City Council approved the plans for this project on April 25, 2023, and awarded the contract to Team Ghilotti on
August 8, 2023.
STATEMENT OF THE
PURPOSE:
Consideration and proposed adoption of a Resolution
accepting the work and directing the filing of the Notice of Completion for the Pavement Restoration Project, Capital Improvement Project R23-79.
FINANCIAL IMPACT: See summary below.
BACKGROUND:
The Pavement Restoration Project, Capital Improvement Project R23-79 was the annual pavement maintenance and restoration project administered by the City. The scope of the project was defined by the 5-Year pavement management plan which included new pavement overlay treatments, pedestrian improvements and roadway striping improvements. This project was primarily funded through the Measure T Tax revenue, the County wide 1/2 cent sales tax which supports various roadway and transportation-related improvements.
DISCUSSION:
The scope of the Pavement Restoration Project R23-79 represented Year 2 of the previous 5-Year Pavement Management Plan. This plan was approved in December 2022 and recently updated in December 2024.
The scope of the R23-79 Pavement Restoration Project included restoration for sections of the following streets:
Allyn Avenue
Dowdell Lane
Silverado Trail
Pope Street Bridge
Agenda Item #10.6.
Additionally, staff included two Capital Improvement to combine with the R23-79 project which included:
R21-02 Pratt and Elmhurst Crosswalk Improvements Project R19-05 Grayson Avenue Rehabilitation Project
Combining the projects resulted in significant cost savings.
Work commenced on the Pavement Restoration Project R23-79 in November 2023 and was generally completed by March 2024. The project included approximately 1 mile of roadway rehabilitation throughout the City, the installation of over 11 ADA access points, and over 8,000 square feet of new crosswalk and roadway striping.
There were situations experienced during the course of the project that are reflected by decreased and increased expenditures associated with the project. These generally include the following:
The original R23-79 project included Andrea Avenue from Kearney Street to Oak Avenue. This scope was removed from the project as the work was to be included in the current Kearney and Andrea Watermain Project. This resulted in a deduction of approximately $175,000.
Change Orders were issued to included requested work. This included the following: Road Grading at WWTP, Dump Material at Laydown Yard, Recycled Water Service at High School, Road Repair at White Sulphur Springs, Road Repair at Mills and La Fata, Road Repair on Dowdell East, Silverado Trail Night Work Differential, St. James Storm Drain Repair and Whitehall Lane Emergency Water Repair. In total, additional items resulted in an increase of $138,805.48.
The breakdown of project costs is as follows:
Expenditures Award Actual
Original Contract Items $1,687,141.00 $1,531,789.20
Contingency $253,071.15
Change Orders $138,805.48
Total $1,940,212.15 $1,670,594.68
Upon approval of the resolution accepting the completion for the project, staff will file the appropriate notifications with the County and close out the project.
ENVIRONMENTAL REVIEW: None
GOAL:
Goal 1: Strengthen Financial Sustainability
Goal 2: Improve Infrastructure & Further Environmental Sustainability Agenda Item #10.6.
Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
Attachment 1 - Resolution Accepting Completion R23-79
Agenda Item #10.6.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
Consideration and adoption of a Resolution accepting
the work and final project construction costs of
$1,670,594.68 and directing the filing of the Notice of Completion for the R23-79 Pavement Restoration Project
RECITALS
A. The project plans for the work were approved by the Director of Public Works pursuant to authority by St. Helena City Council on April 25, 2023; and B. Pursuant to St. Helena Municipal Code Chapter 3.04; Article 3 Public Works Projects; Section 3.04.220 on June 22, 2023, a notice inviting bids was posted and mailed to contractors inviting bids for the R23-79 Pavement Restoration Project; and C. On July 20, 2023, five (5) bids were received and opened in accordance with applicable law; and
D. The lowest responsive and responsible bidder for the Project was Team Ghilotti of Petaluma, CA in the amount of $1,687,141.00; and
E. On August 8, 2023, the City of St. Helena Council awarded the R23-79 Pavement Restoration Project to Team Ghilotti in the amount of 1,687,141.00, authorized the City Manager to execute a construction contract in the amount of 1,687,141.00 with Team Ghilotti for R23-79 Pavement Restoration Project, and authorized the Director of Public Works to approve change orders not-to-exceed 15% of the contract amount; and
F. The Public Works Director/City Engineer directed the Contractor to include various substitutions, emergency repairs, and design alterations totaling $138,805.48; and G. The final construction contract amount is $1,670,594.68; and H. The project has been inspected and Team Ghilotti has completed the work in accordance with the contract documents for the project; and I. If no liens or claims have been filled within 35 days of filing the Notice of Completion, the retained payment funds, and any amount due will be released to Team Ghilotti.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The contract entitled R23-79 Pavement Restoration, with the final contract amount of $1,670,594.68, is accepted as complete; and
Agenda Item #10.6.
2. The Public Works Director/City Engineer is authorized to release retention and prepare a Notice of Completion and the City Clerk is directed to file a Notice of Completion with the Napa County Recorder.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Kenealy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.6.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 23, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: May 2024 Review and Forecasting of City Water Supply Availability.
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
Monthly Receive and File reports to City Council.
STATEMENT OF THE
PURPOSE:
To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant, the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.
FINANCIAL IMPACT: None.
BACKGROUND:
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.
DISCUSSION:
In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for May 2024. The water produced for May 2024 is down by -11% when compared to May 2023 and is down by -33% compared to the average of May 2018-2020. Below is a chart summarizing the water produced per source:
Agenda Item #10.7.
Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
May 2023
(Acre-Feet)
May 2024
(Acre-Feet)
Bell Canyon 49 16 11.79
Stonebridge Wells 31 39 33.34
Napa Water 61 51 48.92
Total 141 106 94.05
Percent change from May 2023: -11%
Percent change from average of May 2018 - 2020: -33%
Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2026 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of June 1, 2024, Bell Canyon Reservoir elevation was at 421.44 feet representing approximately 2,341.24 acre feet (AF) and 98.22% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on June 1st in 2022, 2023, and 2024.
Year 2022 2023 2024
Bell Canyon Elevation Level 416.33 Ft. 421.64 Ft. 421.44 Ft.
Acre Feet 1,963 AF 2,356 AF 2,341 AF
Percent Capacity 82.3% 98.9% 98.22%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.7.
the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.
It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of May 2024, Rutherford Pump Station was producing an average of 0.51 MG/day for a total of 48.92 acre feet (AF) for the month.
ENVIRONMENTAL REVIEW: Not applicable.
GOAL:
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:
MWR May 1-31 2024
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Storage Phase I II
Agenda Item #10.7.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS STRALLA
WATER PLANT
TK #1 & #2
ADJUST
11.79 3.84 -0.14
12.6% -0.5%
30.64 MG MG
n/a MG MG
n/a MG MG
0.98 MG MG
% %
245.25 AF 18.7% 382.44 AF 33.8%
79.89 MG 124.57 MG
551.58 AF 42.1% 511.63 AF 45.2%
179.67 MG 166.65 MG
513.43 AF 39.2% 238.34 AF 21.0%
167.24 MG 77.64 MG
TOTAL WATER PRODUCED 1310.26 AF 100.0% 1132.41 AF 100.0%
DELIVERY (ALL)
0.17 0.02
421.44 FT. FT.
-0.56 FT. FT.
2341.24 AF AF
98.2 % %
1.09 IN IN
23.43 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only. -0.44
May 1-31, 2024
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 33.34 0.61 48.92
AMOUNT PRODUCED in MG 10.86 0.20 15.93
PERCENT 35.6% 52.3%
WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 34.80
MAXIMUM DAILY PRODUCED 2.41
MINIMUM DAILY PRODUCED 0.00
AVERAGE DAILY PRODUCED 1.08
WATER YEAR TOTALS
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
ELEVATION BELL CANYON RESERVOIR 421.64
STONEBRIDGE APARTMENTS MG/May. 1 -31 0.00 MG/May. 1-31
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/May. 1 -31 0.00 MG/May. 1-31
TEMPERATURES
MONTHLY RISE OR DROP -0.32
CAPACITY AT END OF PERIOD 2356.40
PERCENT OF FULL CAPACITY 98.9
RAINFALL IN THIS PERIOD 1.17
TOTAL RAINFALL SEASON TO DATE 41.63
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 46.4-89.1 47.5-89.8
Updates will be provided if any errors are identified.
AVERAGE 89.1 68.65
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.51 MG/day during May 2024.
Agenda Item #10.7.
Supply Level (Acre Feet)
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non-drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383 2383
2341
2250
2107
2002
2008
2000
L910
1811 1843 L868
1819 1781
' L845
1767
1750 1685
1586
1488 L469 1456
1500 L421
1451
1396 L359 L389 1394
Entered Phase 1 - 1,431 Acre Ft.
1250 L315
Historic Proiected
1000
Entered Phase 2 - 939 Acre Ft.
750
500 596 Acre Feet*
250
o
. 25A reserve for fire
0 8 8 8 8 u v v 8 8 v 6 v v v v u 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 q, r» :» , d, a, 0/ a, 0/ n, n, n, a, n, I» '» r» a, 0/ 0, d, n, n, 0’ 1» 1» , 0/ n, q, n, w, I» (OQ’Q06} $04 QQ/(J{D ((91 grbk vQ‘Q’D?\OQ \\)\ VOQO(OQIQ06} $04 09/ \Q) ((610g» va g'bA\OQ \& VOQO(3Q? 06’"$04 09/0{D Qéo Q?) vQ‘@QA\OO Agenda Item #10.7.
Agenda Item #10.7.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 23, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: June 2024 Review and Forecasting of City Water Supply Availability.
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
Monthly Receive and File reports to City Council.
STATEMENT OF THE
PURPOSE:
To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant, the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.
FINANCIAL IMPACT: None.
BACKGROUND:
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.
DISCUSSION:
In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for June 2024. The water produced for June 2024 is down by -9% when compared to June 2023 and is down by -31% compared to the average of June 2018-2020. Below is a chart summarizing the water produced per source:
Agenda Item #10.8.
Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
June 2023
(Acre-Feet)
June 2024
(Acre-Feet)
Bell Canyon 74 25 19.46
Stonebridge Wells 41 45 40.7
Napa Water 51 48 46.82
Total 166 118 106.98
Percent change from June 2023: -9%
Percent change from average of June 2018 - 2020: -31% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2026 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of July 1, 2024, Bell Canyon Reservoir elevation was at 420.18 feet representing approximately 2,245.73 acre feet (AF) and 94.21% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on July 1st in 2022, 2023, and 2024.
Year 2022 2023 2024
Bell Canyon Elevation Level 414.94 Ft. 420.93 Ft. 420.18 Ft.
Acre Feet 1,863 AF 2,302.58 AF 2,245.73 AF
Percent Capacity 78.2% 96.6% 94.21%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.8.
the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.
It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of June 2024, Rutherford Pump Station was producing an average of 0.50 MG/day for a total of 46.82 acre feet (AF) for the month.
ENVIRONMENTAL REVIEW: Not applicable.
GOAL:
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:
MWR June 1-30 2024
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Storage Phase I II
Agenda Item #10.8.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS
STRALLA
WATER PLANT
TK #1 & #2
ADJUST
19.46 6.34 -0.14
18.3% -0.4%
34.85 MG MG
n/a MG MG
n/a MG MG
1.16 MG MG
% %
264.71 AF 18.7% 407.89 AF 32.6%
86.22 MG 132.86 MG
598.40 AF 42.2% 560.28 AF 44.8%
194.92 MG 182.50 MG
554.13 AF 39.1% 283.51 AF 22.7%
180.50 MG 92.35 MG
TOTAL WATER PRODUCED 1417.24 AF 100.0% 1251.68 AF 100.0%
DELIVERY (ALL)
0.23 0.09
420.18 FT. FT.
-1.26 FT. FT.
2245.73 AF AF
94.2 % %
0.00 IN IN
23.43 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.
Updates will be provided if any errors are identified.
AVERAGE 75.45 75.55
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.50 MG/day during June 2024.
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 57.3-93.6 54.5-96.6
TEMPERATURES
MONTHLY RISE OR DROP -0.71
CAPACITY AT END OF PERIOD 2302.58
PERCENT OF FULL CAPACITY 96.6
RAINFALL IN THIS PERIOD 0.00
TOTAL RAINFALL SEASON TO DATE 41.63
ELEVATION BELL CANYON RESERVOIR 420.93
STONEBRIDGE APARTMENTS MG/June. 1 -30 0.00 MG/June. 1-30
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/June. 1 -30 0.00 MG/June. 1-30
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
MINIMUM DAILY PRODUCED 0.65
AVERAGE DAILY PRODUCED 1.29
WATER YEAR TOTALS
WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 38.85
MAXIMUM DAILY PRODUCED 1.66
0.32 15.25
PERCENT 38.2% 43.9%
-0.44
June 1-30, 2024
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 40.70 0.98 46.82
AMOUNT PRODUCED in MG 13.26
Agenda Item #10.8.
Supply Level (Acre Feet)
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non-drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383 2383
2341
2250
2162
2066
2064
2000 1,966 1,874 1,899 1,924 1'9“ 1,929
1,837
1'866 11901
1750
L476
1500 1,452 1.414 1,444 1,449
Entered Phase 1 - 1,431 Acre Ft.
L370
1250
Historic Proiected
1000
Entered Phase 2 - 939 Acre Ft.
750
500 596 Acre Feet*
250
o
. 25A reserve for fire
0 % % % % V V V V V V V V V V V V 6 8 % % % % % 8 8 8 8 % b b b b 6 b ’1’ ’1’ 51/ , ’1’ 51¢ 51/ 11/ CL 5), 51/ fix 3’ fix ’1’ ’1, ’1’ fix ’1’ ’1’ ’L 5), 51/ ’V 31/ 51/ , ”V f» ’1’ fl, ’1, ’1, (OQ/Q06' $04 QQ/(J\Q} <8; g7} V‘Q‘g’b? \OQ \\)\ VOQO(?e/Q06} $04 0?; \Q} <63?@?‘ V‘Qkgr? ‘90 \x.‘>VOQO(jg? QC"$QA095’\Q, ‘8‘?Q?) V‘Q‘Vvq?\OQ Agenda Item #10.8.
Agenda Item #10.8.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Fire
DATE: July 23, 2024
FROM: John Sorensen, Fire Chief
SUBJECT: A Resolution of the City Council of the City of St. Helena Authorizing an Agreement for Emergency Response
Services with the County of Napa.
RECOMMENDED
ACTION:
Approve the agreement with Napa County for the term of
one year, commencing on August 1, 2024 with automatic
renewals for an additional 4 years.
PREVIOUS COUNCIL
ACTION:
Approved the agreement with the Napa County for the
term of July 1, 2015 through June 30, 2017 with automatic renewals expiring August 1, 2024.
STATEMENT OF THE
PURPOSE:
Consider adopting a Resolution to continue an automatic aid agreement between the City of St. Helena and Napa
County. The agreement will provide fire services from the St. Helena Fire Department in the surrounding
unincorporated areas of St. Helena. Agreement will also provide fire services from Napa County for incidents in the City of St. Helena. All St. Helena Fire Department services provided to the contract area outlined in the agreement shall be compensated by the County.
FINANCIAL IMPACT: The base contract shall compensate the City for responding to 125 calls per year in the contract area for a total of $54,535.00 per year based on a rate of one hour per call. If response in the contract area exceeds 125 calls annually, the County shall compensate the City at a rate of $436.28 per call for each response thereafter.
BACKGROUND:
The City of St. Helena has contracted with the County of Napa since the 1940’s to provide emergency response services immediately outside the St. Helena city limits.
The current emergency response services agreement expired June 30, 2024 and has been extended until August 1, 2024.
Under the current agreement, the County compensates the City $48,855 per fiscal year for up to 220 calls in the contract area. Calls in excess of 220 are reimbursed at a rate of $400 per call thereafter. During FY 2024 St. Helena Fire Department responded to 137 County contract calls.
DISCUSSION:
Agenda Item #10.9.
St. Helena Fire has developed an exceptional working relationship with fire agencies in the immediate surrounding area, including the Napa County Fire Department, Calistoga Fire Department and CalFire; relationships vital to the protection to St. Helena City and Napa County residents.
A one-year successor agreement has been proposed by the County with a provision for an automatic renewal for an additional 4 years. The proposed agreement will have no change to the response area (Exhibit A), however, the compensation will be adjusted according to current Cal OES Salary Survey and apparatus rates. (Exhibit C).
The proposed agreement shall compensate the City $54,535 per fiscal year for up to 125 calls in the contract area. If responses in the contract area exceed 125 calls annually, the County shall compensate the City at a rate of $436.28 per call for each response thereafter.
The County will compensate the City at a rate of $436.28 per call according to the table in Exhibit C. The figures are based on the current agreement with CAL OES for emergency assignments across the State as identified by the Salary Survey (Exhibit D).
The compensation rates per call will be adjusted annually when the City presents the County with an updated Cal OES Salary Survey for the life of this agreement. Updated compensation rates will take effect upon approval by the County and an updated Salary Survey will be added to this agreement as Exhibit D.
GOAL:
Goal 1: Strengthen Financial Sustainability
Goal 5: Enhance Quality of Life
Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
FINAL St. Helena Contract 7 .9.24 116780
Exhibit A - Contract Area
Exhibit B - Scope of Work
Exhibit C - Compensation and Expense Reimbursement
Exhibit D - Current Rate Sheet Agreement Between City and CAL OES Napa County Emergency Response Services Agreement (FY 25-27) - Resolution Agenda Item #10.9.
1088 College Ave.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
returned to COUNTY, although CITY may retain a copy of such work for its personal records only, except as otherwise provided under Paragraph 15 (Confidentiality) of this Agreement.
Unless otherwise expressly provided in this Agreement, any copyrightable or patentable work created by CITY under this Agreement shall be deemed a "work made for hire" for purposes of copyright or patent law and only COUNTY shall be entitled to claim or apply for the copyright or patent thereof. Notwithstanding the foregoing and to the extent services under this Agreement involve the development of previously patented inventions or copyrighted software, then upon expiration or termination of this Agreement, title to, ownership of, and all applicable patents, copyrights, and trade secrets in the products developed or improved under this Agreement, shall remain with CITY or any other person or entity if such person previously owned or held such patents, copyrights, and trade secrets, and such persons shall retain complete rights to market such product; provided, however, that COUNTY shall receive, at no additional cost, a perpetual license to use such products for its own use or the use of any consortium or joint powers agency to which COUNTY is a party. If the product involves a source code, CITY shall either provide a copy of the source code to COUNTY or shall place the source code in an escrow account, at CITY' s expense, from which the source code may be withdrawn and used by COUNTY for the sole purpose of maintaining and updating the system dependent upon such code when such use is necessary to prevent loss of service to COUNTY.
(b) CITY shall be entitled to receive compensation for any satisfactory work completed prior to expiration or receipt of the notice of termination or commenced prior to receipt of the notice of termination and completed satisfactorily prior to the effective date of the termination; except that CITY shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of the Agreement by CITY whether or not the Agreement expired or otherwise terminated, and COUNTY may withhold any payments not yet made to CITY for purpose of setoff until such time as the exact amount of damages due to COUNTY from CITY is determined.
12. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
13. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
COUNTY
NAP A COUNTY FIRE ADMINISTRATOR
1195 Third Street, Suite 310
Napa, CA 94559
AGREEMENT FOR FIRST RESPONDER SERVICES
[PL No 116780]
CITY
CITY OF ST. HELENA
1088 College Ave.
St. Helena, CA 94574
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
entitled to an extension in their time for performance equivalent to the length of delay. party will be entitled to compensation from the other for force majeure events.
29. Special Terms and Conditions. [RESERVED]
IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the date first above written.
APPROVED AS TO FORM:
Ethan Walsh, City Attorney
APPROVED AS TO FORM
Office of County Counsel
By: Shana A. Bagley
Date: July 10, 2024
PL Doc No: 116780
Date:
CITY OF ST. HELENA, a California municipal
corporation
By ___________________ _
PAUL JAMISON DOHRING, Mayor of the City ofSt.
Helena
"CITY"
ATTEST:
Cindy Tzafopoulos, Clerk for the City of
St. Helena
NAP A COUNTY, a political subdivision of
the State of California
By __________________ _
JOELLE GALLAGHER, Chair of the
Board of Supervisors
"COUNTY"
APPROVED BY THE ATTEST: NEHA HOSKINS
NAPA COUNTY Clerk of the Board of Supervisors
BOARD OF SUPERVISORS
By:
Processed By:
Deputy Clerk of the Board
AGREEMENT FOR FIRST RESPONDER SERVICES
[PL No 116780]
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
Agenda Item #10.9.
EXHIBIT “A”
ST. HELENA CITY FIRE AND NAPA COUNTY FIRE CONTRACT ZONES hm“ WS' ,‘:.<S.. St. Helena City Fire & Napa County Contract Zones 2m. Nicene JWVCW
,V‘.U
AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 116780]
Agenda Item #10.9.
EXHIBIT “B”
SCOPE OF WORK
I. DESCRIPTION OF SERVICES
A. SERVICES TO BE PROVIDED BY CITY:
1. Staf?ng: CITY shall respond with minimum staf?ng of two persons on one ?re apparatus to calls set forth in the ZONES indicated in EXHIBIT“A.” Any additional staf?ng and/or response shall not be part of this Agreement.
2. Response: CITY shall provide one ?re apparatus vehicle as appropriatefor Code 3 call type, to calls within the de?ned response ZONES as set forth in Exhibit “A”. The CITY shall respond to emergency call types as indicated in Exhibit “A,” 'ZoneA. In Zone B of Exhibit “A,” the CITY shall respond to all Code 3 emergency call types with the exception of medical aids, unless otherwise requestedand dispatchedby the COUNTY. The CITY shall handle the COUNTY call in its entirety if only one ?re apparatus is needed to mitigate the emergency.
There will be no “AUTOMATIC AID” response from the CITY for either residential or commercial ?re alarms and non—Code3 call types. In the event of a con?ict between the need for emergency medical service, rescue, or ?re protection service within the CITY and within the ZONES identi?ed in EXHIBIT “A,” the needs within the CITY shall be given ?rst priority.
3. Mutual Aid: This Agreement shall not limit either agency from requesting mutual aid from the other agency, as de?ned in the State of California Master Mutual Aid Agreement.
4. Jurisdiction: CITY shall retain legal jurisdiction for all incidents that occur within the city limits of St. Helena.
B. SERVICES TO BE PROVIDED BY THE COUNTY:
1. Staf?ng: COUNTY shall respond with minimum staf?ng of two persons on one ?re apparatus to automatic aid calls within the CITY. Any additional sta?ing and/or response shall not be part of the Agreement.
2. Response: COUNTY shall provide “AUTOMATIC AID” to the CITY as per the following guidelines: One engine shall respond to all residentialstructure ?res; one engine and one aerial ladder truck shall respond to all commercial structure ?res. Either of these responses may be modi?ed upon request and dispatchedby the COUNTY. There will be no ' 3. Fire Investigations: The COUNTY may assist with ?re investigations when requested by the CITY. The CITY shall provide the lead ?re investigator who is ultimately responsible for all written reports and documentation associated with the ?re investigation. AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 116780] Agenda Item #10.9.
C. COMPLIANCE WITH GOVERNlVlENTCODE SECTION 7550. As requiredby Government Code section 7550, each document or report prepared by CITY for or under the direction of COUNTY pursuant to this Agreement shall contain the numbers and dollar amounts of the Agreement and all subcontracts under the Agreement relating to the preparationof the document or written report. The Agreement and subcontract dollar amounts shall be contained in a separate section of the document or written report. If multiple documents or written reports are the subject of the Agreement or subcontracts, the disclosure section may also contain a statement indicating that the total contract amount represents compensationfor multiple documents or written reports.
AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 116780]
Agenda Item #10.9.
EXHIBIT “C”
COMPENSATION AND EXPENSE REID/IBURSEMENT
The following outlines the compensationfor services outlined in this Agreement between the CITY and the COUNTY:
COUNTY:
I. The COUNTY will compensate the CITY at a rate of $436.28 per call per the table below. These ?gures are based on current agreement with Cal CBS for emergency assignments across the State as identi?ed in EXHIBIT “D.”
2. The compensationrates per call will be adjusted annually or at such time the CITY presents the COUNTY with an updated rate sheet with revised reimbursement rates per Cal OES agreements for the life of this agreement. Updated compensationrates will take effect upon approval by the COUNTY for these revised reimbursement rates, and the updatedrate sheet will be added to this agreement as EXHIBIT “D.”
3. The base contract shall compensate the CITY for responding to 125 calls per year in the contract area for a total of $54,535.00 per year for the contract, based on one hour per call. If the response into the contract area exceeds 125 calls annually, the COUNTY shall compensate the CITY at a rate of $436.28 per call for each response.
OES Contract Year |Apparatus '
Fire Chief Captain ‘
Engineer Fire?ghter ‘
TOTAL
l 2024 '
$173.47 |
$121.95 $50.69 ‘
$47.02 $43.15 ’
$436.28
AGREEMENTFOR FIRST RESPONDER SERVICES [PL No 116780]
Agenda Item #10.9.
EXHIBIT “D”
CURRENT RATE SHEET AGREEMENT BETWEEN CITYAND CAL OES
AGREEMENT FOR FIRST RESPONDER SERVICES [PLNo 116780]
Agenda Item #10.9.
California Governor's Of?ce of Emergency Services (Cal OES) - Fire and Rescue Division
SALARY SURVEY
for
AGREEMENTFOR LOCALGOVERNMENTFIREAND EMERGENCYASSISTANCE TO
THE STATE OF CALIFORNIAAND FEDERAL FIRE AGENCIES
(California Fire Assistance Agreement)
Start Date:06/26/2024 End Date: Status: Reviewed
Agency 3-Letter MACS I.D.: Agency] Department Name:
‘— Saint Helena Fire Department
Allinformation provided on this form is subject to audit by Cal OES, CAL FIRE, and the Federal Fire Agencies signatory to the California Fire Assistance Agreement. The chart below re?ects the hourly Salary Rate, or Base Rate submitted for each classi?cation used by your agency.
. . . . Are you Utilizing the Are you adding
Chief $34 59 __— $12195
s “—
Division Chief ———_
S
S
No
. Ye
Ye No
Assistant Chief ——__I_
Battalion Chief ———_I_
————__ ———_-I_
NOTE: These rates are not effective until the date they are received by Cal OES. What is reported on this form constitutes direct salary costs for employees.
As an authorized representative of my agency/dept, I certify to the best of my knowledge and belief, and under penalty of perjury that this information is correct. Furthermore, my signature below represents acceptance by my agency/dept, as a cooperator, to comply with the authorities, terms and conditions of the CFAA. I also agree to comply with all cooperator agency internal accounting and expense reimbursement standards. _m_ Authorized Representative —_
Alec Vidler
.7 L e 06/26/2024
AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 116780] Printed Date: 06/28/2024 16:58 Agenda Item #10.9.
UAV IIV lVEVVJUlVl DIRECTOR Iv!- Cal OES
I
/ GOVERNOR'S OFFICE
‘~ OF EMERGENCY SERVICES
MARCH l, 2024
TO: CALIFORNIAFIREAND RESCUEMUTUALAIDSYSTEMAGENCIES
SUBJECT: Updated 2024 Rate Letter effective March 1, 2024, for any and all California Fire Assistance Agreement (CFAA) orders and requests.
Dear Chief:
The following reimbursement rates apply to responses under the terms and conditions of the CFAA for the period beginning March I, 2024.
Personnel Base Rates: These rates ONLYapply ifyour agency does NOT have rates on file. - Overhead at or above Strike Team/Task Force Leader:
0 Engine Company and Overhead at or below
Strike Team/Task Force Leader (Trainee):
$34.59 (ST)$51.89 (OT)per hour
$27.77 (ST)$4l .66 (OT)per hour
NOTE:Base Rates are required to be shown at straight time (ST)on the annual salary survey; however, agencies will be reimbursed at on overtime rate (OT) of time and one half at invoicing for base rates. Both straight and overtime rates are reflected above.
The following apparatus rates willapply to responses effective at the time of initial dispatch:
There is a 16—hourmaximum allowable charge per 24-hour period from the time of initial dispatch:
Emergency Apparatus Rates
Typing Hourly
Type I $173.47
Type II $I 63.55
Type III $156.74
Type IV— VII $150.47
Water Tender Tactical I $148.07 |
Water Tender Tactical N $127.21 |
Support Equipment Rates Government Owned Vehicles Daily Sedan $226.00 Pickup $l 66.00 Van $309.00 SUV $279.00 Other (3/4 ton 8. above) $265.00 FIREAND RESCUEDIVISION 3650 SCHRIEVERAVENUE,MATHER,CA 95655 (916) 845—871I TELEPHONE(9i 6) 845-8396 FAX AGREEMENTFOR FIRSTRESPONDERSERVICES [PL No 116780] Agenda Item #10.9.
March CFAA 2024 RaTe LeTTer
March 1, 2024
PrivaTely Owned Vehicle raTe willbe reimbursed on a per mile basis:
Privately Owned Vehicle RaTe
$0.655
RenTal Vehicle raTes will be reimbursed using The sTaTe raTes below based on incidenT posiTion.
Class Types in The RenT—A—Truck RaTes secTion will be charged an addiTional $.20 per mile for all miles Travelled*:
RenT-A-Car RaTes
Class Type Daily Weekly
CompacT Sedan $40.54 $170.28
Mid—Size/InTermediaTe $40.54 $170.28
STandard Sedan $41.89 $175.92
FullSize Sedan $41.89
’ $175.92
Hybrid ElecTricVehicle $50.48 $252.39
Plug—InHybrid/Zero Emission $58.00 $289.98
CompacT SUV $59.07 $295.35
Medium SUV $80.55 $402.75
CompacT Pickup Truck / 1/2—Ton $69.81 $322.20
Pickup Truck
RenT—A-TruckRaTes”
3/4Ton Pickup Truck w/Tow $91.29 $547.74
1—TonTruck 1 $107.41 $644.40
MiniVan $59.07 $295.35
Large Van
7 $134.25 $671.25
Mini—Cargo Van $77.46 $387.28
15' CuTaway Box Van w/Ramp $82.15 1
$410.76
16‘ Box Truck + $99.75 $498.77
24' Box Truck
' $117.36 $586.79
26’ Box Truck $1 17.36 $586.79
14'
— 16' STake Bed $99.75
7 $498.77
20’ - 24' STake Bed $117.36 $586.78
Lodging, Meals, and lncidenTals will be reimbursed aT The raTes below:
Lodging RaTe
$184.00
*Reimbursed up To a ceiling of 150%
Meal and lncidenTal RaTes
Dinner $34.00 lncidenTals $5.00 FIREAND RESCUEDIVISION 3650 SCHRIEVERAVENUE,MATHER,CA 95655 (916) 845-871 1TELEPHONE(916) 845—8396FAX AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 116780] Agenda Item #10.9.
Marcn LrI-V-‘x 4U44 KUIU Lemur March 1, 2024
The de minimis administrative rate will be added to the total of approved reimbursements unless an agency specific rate issubmitted:
De minimis Administrative Rate
10.00%
REQUIREDSIGNATURE:
Fire agency's authorized representative MUSTsign all required rates and forms in MARS, to the best Oftheir knowledge and belief,and UNDERPENALTYOF PERJURY, the annual salary survey agreeing to comply with the termsand conditions of the Agreement, as well as the cooperator agency’s internal accounting and expense reimbursement standards. Fire agencies will be required to accept either the base ratels), and/or the fire agency’s salary rates through the required signature process.
The CFAA requires each local fire agency to provide a yearly salary survey. it the California Governor's Office of Emergency Services (Cal OES) does not receive a signed 2024 Salary Survey from your agency's authorized representative indicating your agency's rates, Cal OES will have no basis to process an invoice back to your agency for payment for any responses ordered and requested through the CFAA.
REVIEW:
Fire agencies willbe required upon request to provide Cal OESsupporting documentation used to establish rates and method Of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee. Upon request, the fire agency will have thirty (30) calendar days to provide Cal OES with required information. The process does not supersede the Examination and Audit process as outlined in this Agreement.
For any questions regarding the updated March 1, 2024 annual Rate Letter or the Instructions for Completing the Cal OES Satay Survey in MARS, please contact the Fire and Rescue Division support staff at (916) 845-8711 or by email at [email protected] or MARShelpdesk©caloes.ca.gov. if you have questions regarding the management and oversight Ofthe CFAA, please contact Deputy Chief LoriLopez at Iori.lg@[email protected]_chov.
Sincerely,
VAX], I” II If," (,:,,i_’) I’.{ 05:75"
LoriLopez
Deputy Chief OfAdministration
FIREAND RESCUEDIVISION 3650 SCHRIEVERAVENUE,MATHER. CA 95655 AGREEMENT FOR FIRST RESPONDER SERVICES (916) 845—8711TELEPHONE(9i 6) 845-8396 FAX [PL N0116780] Agenda Item #10.9.
CITY OF ST. HELENA
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA
AUTHORIZING AN AGREEMENT FOR EMERGENCY RESPONSE SERVICES
WITH NAPA COUNTY
RECITALS
A. The most current agreement for emergency response services between the City of St. Helena and Napa County expired on June 30, 2024 with a one month extension to August 1, 2024; and
B. According to the current agreement, the St. Helena Fire Department provides Napa County with emergency response services immediately outside the St.
Helena City limits; and
C. Napa County provides emergency services to the City of St. Helena; and D. The St. Helena Fire Department wishes to adopt a new agreement for emergency response services between the City of St. Helena and Napa County.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The City Council approves the agreement with Napa County for the term of August 1, 2024 through June 30, 2027 with an automatic annual renewal for up to four additional years.
2. The City Council authorizes the Mayor to execute the agreement on behalf of the City.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Paul Dohring: ________________
Vice Mayor Eric Hall: ________________
Councilmember Anna Chouteau: ________________
Councilmember Billy Summers: ________________
Councilmember Patrick Kenealy: ________________
Agenda Item #10.9.
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.9.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 23, 2024
FROM: Lesley Milton, Interim Assistant Director of Public Works - Operations
SUBJECT: Approve Resolution Authorizing Amendment #1 to the Agreement with General Services with Mel Services, Inc., dba Workers.com for general landscaping and
maintenance services for an additional $25,200 and a total not-to-exceed amount of $50,000.
RECOMMENDED
ACTION:
Adopt the proposed resolution authorizing Amendment #1
to the General Services Agreement with Mel Services,
Inc., dba Workers.com for landscaping and maintenance
services.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Public Works Operations Division currently has two vacant positions, one in Parks and Trees and one in Government Buildings and Streets. With teams of four in each, one
vacancy reduces the operating capacity by 25%. This
contract is to provide additional landscaping and
maintenance services while the City recruits for these
positions.
FINANCIAL IMPACT: The total Financial Impact, which includes the contract amendment of $25,200 for a total not-to-exceed amount of $50,000 is included in the existing FY 25 annual operating budget utilizing General Fund.
BACKGROUND:
In August 2023, the City executed a Professional Services Agreement with Mel Services, Inc., dba Workers.com ("Workers.com") to provide as needed landscaping and maintenance services for the City. During the contract period, provided landscaping and maintenance services in support of specific projects, including the rehabilitation of Lyman Park, the Smart Meter Inventory, Crane Park rehabilitation and 4th of July preparation.
DISCUSSION:
The city currently has two vacancies, one in Parks and Trees and one in Streets and Government Buildings. The application closing period for both of those positions was July 22 and the initial review of the candidates is promising, although the interview and onboarding process can take up to 10 weeks and does not always result in a successful Agenda Item #10.10.
candidate. This is the second round of solicitation for the Parks and Trees position. The City desires to utilize Workers.com to provide additional landscaping and maintenance services until the above-mentioned staffing positions are filled.
Workers.com is an industrial employment staffing agency that provides services through workers that are vetted, including background checked, and provided to the City upon request for specific durations or projects. This agency offers a comprehensive and reliable source of blue-collar employment services in Northern California. Our experience with their employees through our initial contract was highly successful and staff is requesting an amendment to provide landscaping and maintenance services for special project or service needs.
ENVIRONMENTAL REVIEW: Not a CEQA Project.
GOAL:
Goal 5: Enhance Quality of Life
Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
Resolution Workers.com-c1
St. Helena - General Services Agreement (2022)- Workers.com-c1 final (002) (002) Workers.com Amendment 1-c1
Agenda Item #10.10.
CITY OF ST. HELENA
RESOLUTION NO.
APPROVE RESOLUTION AUTHORIZING AMENDMENT NO. 1
TO CITY OF ST. HELENA AGREEMENT FOR GENERAL
SERVICES
RECITALS
A. WHEREAS, on July 23, 2023, the City executed an Agreement for General Services with Mel Services, Inc. dba Workers.com to provide general maintenance and landscaping services for City owned property; and
B. WHEREAS, the City desires amend the Agreement to extend the term and increase the not to exceed amount of the Agreement to $50,000 to allow the contractor to continue to provide needed services to the City; C. RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorize Amendment No. 1 to City of St. Helena Agreement for General Services with Mel Services, Inc. dba Workers.com to increase the not to exceed amount of the Agreement by an additional $25,200 and a total notto-exceed amount of $50,000.
2. Funding in Fiscal Year 25, for this agreement would be split evenly between Public Works Operations budgets 101-50-27-21-45 and 101-50- 15-21-45.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
Agenda Item #10.10.
Council Member Patrick Kenealy: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.10.
BB&K (2022) 1 AGREEMENT FOR GENERAL SERVICES
CITY OF ST. HELENA
AGREEMENT FOR GENERAL SERVICES
1. PARTIES AND DATE
This Agreement for general maintenance and landscaping of City owned properties Services (“Agreement”) August 2, 2023 by and between the City of St. Helena, a municipal corporation organized under the laws of the State of California (“City”) and Mel Services, Inc, dba Workers.com, a Corporation with its principal place of business at 1070 Concord Ave, Site 112 Concord, Ca 94520 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain general maintenance and landscaping of City owned properties services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing general maintenance and landscaping of City owned properties services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the general landscape maintenance services project (“Project”) as set forth in this Agreement.
3. TERMS
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 2, 2023 to [August 1, 2021 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall Agenda Item #10.10.
BB&K (2022) 2 AGREEMENT FOR GENERAL SERVICES
not exceed $24,800] (Twenty-four thousand, eight hundred dollars), without written approval of City’s Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3 Responsibilities of Contractor.
3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. (b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of Agenda Item #10.10.
BB&K (2022) 3 AGREEMENT FOR GENERAL SERVICES
the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
(c) Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Clayton Church, Chad Howell, Juan Gonzalez, Carlos Uribe.
3.3.5 City's Representative. City hereby designates Clayton Church, Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.
3.3.6 Contractor's Representative. Contractor hereby designates Jennifer Johnsen, Personnel Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Agenda Item #10.10.
BB&K (2022) 4 AGREEMENT FOR GENERAL SERVICES
3.3.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10 Insurance
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
Agenda Item #10.10.
BB&K (2022) 5 AGREEMENT FOR GENERAL SERVICES
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
Agenda Item #10.10.
BB&K (2022) 6 AGREEMENT FOR GENERAL SERVICES
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
(j) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
Agenda Item #10.10.
BB&K (2022) 7 AGREEMENT FOR GENERAL SERVICES
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(6) Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(l) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
3.3.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or Agenda Item #10.10.
BB&K (2022) 8 AGREEMENT FOR GENERAL SERVICES
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor and all subcontractors 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.
3.4.2 Registration. 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 Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, 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.
3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.
3.4.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
Agenda Item #10.10.
BB&K (2022) 9 AGREEMENT FOR GENERAL SERVICES
3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.
3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
Agenda Item #10.10.