Strategic Plan Integration
This project is consistent with the City of West Sacramento’s Strategic Plan Mission to provide Quality Municipal Services, Quality City Infrastructure and Facilities and to Inspire Community Improvements that add value to the lives of our residents.
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report. 2) Reject the recommended actions or direct staff to alter the project. 3) Not approve the recommended action or delete the project.
Alternative 1 is the staff’s recommended action as the Fire Station 43 Tenant Improvement Project is currently in the construction phase with a completion date of January 2025.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department.
Budget/Cost Impact
The Fire Station 43 Tenant Improvement Project (51031) is included in the City’s current Capital Improvement Program (CIP). There is insufficient funding within the CIP project budget to cover these Amendments. Funding of $30,000 is being requested for amendment 3 for Indigo | Hammond + Playle Architects and $30,000 for amendment 1 for Torres Project Management, Inc. A transfer in the amount of $12,000 from CIP 51271 (Fire Station 41 Re-Paint) to CIP 51031 (Fire Station 43 TI Project) is proposed. An additional appropriation of $48,000 is being requested.
ATTACHMENTS
1. Fire Station 43 TI Project Resolution 24-81
2. Indigo | Hammond + Playle Architects Contract Amendment 3 118
Attachment 1
RESOLUTION 24-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
APPROVING A CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AMENDMENT OF $60,000 TO FULLY FUND THE FIRE STATION 43 TI PROJECT
(CIP 51031) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2022/23 and 2023/2024 on June 28, 2023; and WHEREAS, CIP 51031 - Fire Station 43 TI Project, was established, and appropriations of $400,000 from General Facilities Funds were approved to fund the project, and WHEREAS, on November 16, 2022, City Council awarded a professional services contract with Indigo | Hammond + Playle Architects to provide Architect and Design Services and on April 10, 2024, City Council awarded a construction contract with Torres Project Management, Inc. for the construction of the project; and
WHEREAS, staff is recommending City Council to approve Amendment 3 to the professional services contract with Indigo | Hammond + Playle Architects in the amount of $30,000 on a time and maintenance basis for the completion of the project; and WHEREAS, staff is recommending City Council to approve Amendment 1 to the construction contract with Torres Project Management, Inc. in the amount of $30,000 for the completion of the project; and
WHEREAS, staff is proposing to transfer $12,000 from CIP 54024 51271 and $48,000 from One-Time General Fund (107), and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2024/25 fiscal year as listed below:
SOURCES
$60,000 400-9900-4990/400-51031-4990 Transfer into project $48,000 107-0000-3110 Gen One-Time Fund
$48,000 TOTAL SOURCES
USES
$48,000 107-9910-5950 Transfer from One-Time GF
($12,000) 400-9900-5530/400-5103151271-5800 Fire Station 43 TI41 Reroof Project
$12,000 400-9900-5530/400-51271-5950 Fire Station 41 Reroof $60,000 400-9900-5530/400-51031-5800 Fire Station 43 TI Project $48,000 TOTAL USES
119
Resolution 24-81
*Note: Interfund transfers not included in total to avoid duplication of total costs.
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the West Sacramento City Council this 7h day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
120
Indigo | Hammond + Playle Architects
CPC22-331 Fire Station 43 Design Services
Expires 12/31/2024
AMENDMENT NO. 3
to the
CONTRACT FOR SERVICES
between the
CITY OF WEST SACRAMENTO
And
Indigo | Hammond + Playle Architects
Dated November 16, 2022
This Amendment No. 3 to the Contract for Services between the City of West Sacramento (City) and Indigo | Hammond + Playle (Consultant) dated November 16, 2022, for the Fire Station 43 TI Project, is made and entered into this 7th day of August 2024. Except as expressly amended herein, the November 16, 2022, Contract for Services is in full force and effect.
RECITALS
WHEREAS, in November 16, 2022, the City awarded a professional services contract to Indigo | Hammond + Playle to provide Architect and Design Services for the Fire Station 43 Restroom Remodel Project in the amount of $83,180; and
WHEREAS, the original contract had a clerical error in the proposal which indicated a contract total of $83,180 but correct contract amount should have been $83,818; and WHEREAS, additional construction phase services are needed for the remainder of the project and the City desires to increase compensation on a T&M basis; and WHEREAS, the City and Consultant desire to amend said contract to correct and increase; and
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF SERVICES:
The proposal as set forth in the Contract for Services dated November 16, 2022, scope of work shall be revised to include additional funding for ongoing construction phase services as outlined in Exhibit A.
II. COMPENSATION:
The compensation as set forth in the Contract for Services dated November 16, 2022, shall be revised to include the following:
Additional compensation of $30,000 on a T&M basis shall be added for the additional scope of work. Total compensation shall not exceed $221,825 without the City’s prior written approval.
IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 3 as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
Indigo | Hammond + Playle Architects
By:
Jon Hammond, Principal
121
Indigo | Hammond + Playle Architects
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APPROVED AS TO FORM
By: Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk 122
Indigo | Hammond + Playle Architects
CPC22-331 Fire Station 43 Design Services
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EXHIBIT A
123
124
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 7, 2024 ITEM #7
SUBJECT:
CONSIDERATION OF CONTRACT AWARD WITH BIZON GROUP, INC. DBA.
CONEXWEST FOR PURCHASE AND SUPPLY OF CONNEX STORAGE CONTAINERS
FOR THE CORPORATION YARD PHASE II O&M TRANSITION PROJECT (CIP 51032)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
Inambao Lifanu, Project Manager II
Capital Projects Department
[ ] Council [X] Staff
[ ] Other
William Roberts, Director
Public Works Operations and Maintenance
Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to award a contract for services with Bizon Group, Inc. dba. Conexwest, for the Corporation Yard Phase II O&M Transition Project (CIP 51032).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager, or his designee, to execute a Contract for Services with Bizon dba. Conexwest for the supply and delivery of Connex containers in the amount of $251,092.67; 2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 15% (37,664) of the contract value;
3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the services contract, with approval from the City Attorney; and 4) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.
BACKGROUND
The West Sacramento Corporation Yard (Corp Yard), located at 1951 South River Road, currently houses the City’s Public Works Operations and Maintenance Department and the Maintenance Division of the Parks and Recreation Department (about 70 employees total). The facility dates to the 1960s and was inherited from the East Yolo Community Services District when the City was incorporated in 1987. The Corp Yard’s administration buildings, workshops, laydown areas, storage and disposal facilities are far past their operational prime and are significantly constrained to meet the needs of contemporary City operations. The facility is situated on a 9-acre site overlooking the Sacramento River at the southern end of the Pioneer Bluff district, adjacent to the City’s former wastewater treatment plant that was decommissioned in 2008. Combined, the current Corp Yard and former treatment plant properties total 15 acres, all owned by the City. Like the remainder of Pioneer Bluff and the nearby Bridge District, the site has had a land use designation of Waterfront Mixed-Use since the adoption of the City’s first General Plan. For nearly 20 years, plans have been in place to relocate the Corp Yard to a more suitable part of the City.
The Corporation Yard Project Phase II O&M Transition targets improved operational productivity enhanced security, efficiency, provision of essential space and ease of traffic freeing up the Pioneer Bluff/Riverfront for redevelopment and create more revenue streams for future City development. The new site has no storage facility. With the advancement of site improvements, there is need for storage containers to facilitate security, safe keeping of parts, tools, portable equipment and necessities that facilitate the operations of Public Works and Parks and Recreation Departments.
ANALYSIS
The Capital Projects Department conducted a competitive bid to select a contractor for the Corpyard Connex Storage Containers Project. The bid was to address the need for customized storage containers with adequate ventilation, electrical features, sliding doors, man door access, chemical storage and compliance with ADA (Americans with Disabilities Act). On June 27, 2024, a Request for Proposals was released on the City’s website through our electronic procurement platform OpenGov.com. At the close of the advertising period, City staff received two (2) bids that were opened on July 12, 2024. 125 Corporation Yard Project Phase II O&M Transition
August 7, 2024
The bid results were as follows:
Table 1
Rank Contractor Base Bid Amount
1 Bizon Group, Inc dba. Conexwest $251,092.67
2 REM Construction Inc. $292,998.87
After examining the Contractor’s responses, work experience, qualifications and proposal submitted in each of the complete bid packages, staff determined that Bizon, dba. Conexwest is the more responsive and qualified bidder, with a total bid of $251,092.67. On this basis, staff recommend awarding the construction contract to Bizon Group, Inc. dba. Conexwest.
Environmental Considerations
The environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019. The need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not been triggered.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Not applicable.
Alternatives
The City Council may decide to:
1) Approve the recommended actions as stated above;
2) Make changes to recommended actions; or
3) Defer the project to a later date or eliminate the project.
Staff recommends Alternative 1 as the best way to advance the transition of the Corp Yard functions to the new facility on 4300 West Capitol Avenue allowing for redevelopment of the Pioneer Bluff facility and making the Corp Yard more functional. It will be more cost effective for the City to acquire Connex containers and complete the updates now rather than later, due to inflation and the rising cost of materials and services.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Public Works Operations and Maintenance Department and the Finance Department.
Budget/Cost Impact
The Corpyard Connex Storage Containers are funded by the Corporation Yard Project Phase II O&M Transition project which has sufficient budget to cover this expense.
ATTACHMENTS
1) Bizor Group Inc. dba. Conexwest Quote
2) Contract
126
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
1 CONTRACT FOR SERVICES
THIS CONTRACT is made on August 7,2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Bizon Group, Inc dba. Conexwest (“Consultant”).
WITNESSETH:
WHEREAS, the City desires professional services for the Corpyard Connex Storage Containers Project;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated July 12, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
127
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
2 C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on August 7, 2025.
B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two (2) additional one-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.
3. COMPENSATION:
A. The Consultant shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred and fifty one thousand and ninety-two dollars and sixty seven cents. ($251,092.67), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".
B. Said amount shall be paid upon submittal of a final billing showing completion of the tasks. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the final billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 128
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CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
3 C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
129
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
4 B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the 130
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Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
5 City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following 131
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Bizon Group, Inc. dba. Conexwest
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6 coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance
a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.
The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
132
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CPC24-203- Corpyard Connex Storage Containers
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7 3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section
16.B.2.b).
4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon 133
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8 a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
Consultant:
Bizon Group, Inc dba. Conexwest
95 D’Arcy parkway
Lathrop CA 95330
Email: [email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.
G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.
H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
134
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
9 CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:
By: _______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
By: _______________________
Jeffrey Mitchell, City Attorney
Bizon Group Inc. dba Conexwest
By: _________________________
Liudmila Terteac, Sales Representative
135
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corporation Yard Project Phase II O&M Transition; Expires on 08/07/25
EXHIBIT A
Consultant Proposal/Scope of Work
136
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
EXHIBIT B
Schedule of Performance
Contract Start Date August 7, 2024
Contract End Date August 7, 2025
137
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
EXHIBIT C
Schedule of Fees
138
Quote
Quote Date: Jun 28, 2024 02:28 PM
Quote Number: QT-376222
Valid Until:
Customer PO:
Conexwest
95 D'Arcy Pkwy
Lathrop, CA 95330
(855) 878-5233
Thank you for choosing Conexwest! We are pleased to provide you the following quote.
CUSTOMER:
City of West Sacramento
SHIPPING:
West Sacramento CA 95605
Account: City of West Sacramento Sales Rep: Liudmila Terteac Contact: Inambao Li Phone:
Phone: 916-617-4803 916-617-4803 Email: [email protected] Email: [email protected]
Product details Quantity List price Total Tax
1 40ft Used Cargo Worthy Standard Certified ISO Container 40STC
40ft Used Cargo Worthy Standard Certified ISO Container - 40ft x 8ft x 8ft 6 in. (Height)
8 $ 2,095.00 $ 16,760.00 $ 1,382.70
2 MOD Lockbox Cargo Door
MOD-LBCD
Cargo Door Security Lockbox
8 $ 156.00 $ 1,248.00 $ 102.96
3 MOD Louvered Vent 12in
MOD-1212LV
12 in. x 12 in. Louvered Vent
8 $ 155.00 $ 1,240.00 $ 102.30
4 MOD Man Door 3ft x 6ft 8in Right Hand Out-swing Double Bore
MOD-MD3068RODB
3ft Man Door Steel
Double Bore, Locking Lever & Deadbolt
36 in. (Width) x 80 in. (Height)
Right Hand Out-swing
8 $ 950.00 $ 7,600.00 $ 627.00
5 MOD Lockbox Man Door
MOD-LBMD
Man Door Security Lockbox
8 $ 180.00 $ 1,440.00 $ 118.80
6 MOD Roll-Up Door 8ft
MOD-8RUD
8ft Roll-Up Door (Manual) Installed 26 ga Galvanized Steel Curtain (White) Exterior Locking Hasp
8 $ 1,275.00 $ 10,200.00 $ 841.50
7 MOD Lockbox Roll-Up Door
MOD-LBRUD
Roll-Up Door Lockbox
8 $ 165.00 $ 1,320.00 $ 108.90
8 MOD Electrical Package 40ft Surface Mount
MOD-ELEC40SURFACE
Electrical Package 40ft Container Surface Mount Circuits (3) Receptacles (6)
4ft LED Light Fixtures (4)
Load Center 125 Amp 4 Space 8 Circuit (1)
Can be expanded/contracted according to customer
specifications
8 $ 2,560.00 $ 20,480.00 $ 1,689.60
9 MOD Paint Custom Color 40ft Exterior
MOD-PAINTCUSTOM40EXT
Prep, Primer, Paint Custom Color 40ft
Color
8 $ 950.00 $ 7,600.00 $ 627.00
10 LAT 40ft Tilt-Bed Ground Delivery
LAT40TILTBED
40ft Tilt-Bed Ground Delivery
8 $ 434.35 $ 3,474.80 $ 0.00
139
Product details Quantity List price Total Tax
11 40ft Used Cargo Worthy Standard Certified ISO Container 40STC
40ft Used Cargo Worthy Standard Certified ISO Container - 40ft x 8ft x 8ft 6 in. (Height)
3 $ 2,095.00 $ 6,285.00 $ 518.51
12 MOD Lockbox Cargo Door
MOD-LBCD
Cargo Door Security Lockbox
3 $ 156.00 $ 468.00 $ 38.61
13 MOD Electrical Package 40ft Surface Mount
MOD-ELEC40SURFACE
Electrical Package 40ft Container Surface Mount Circuits (3) Receptacles (6)
4ft LED Light Fixtures (4)
Load Center 125 Amp 4 Space 8 Circuit (1)
Can be expanded/contracted according to customer
specifications
3 $ 2,560.00 $ 7,680.00 $ 633.60
14 MOD Paint Custom Color 40ft Exterior
MOD-PAINTCUSTOM40EXT
Prep, Primer, Paint Custom Color 40ft
Color
3 $ 950.00 $ 2,850.00 $ 235.13
15 LAT 40ft Tilt-Bed Ground Delivery
LAT40TILTBED
40ft Tilt-Bed Ground Delivery
3 $ 434.35 $ 1,303.05 $ 0.00
16 20ft Used Cargo Worthy Standard Certified ISO Container 20STC
20ft Used Cargo Worthy Standard Certified ISO Container - 20ft x 8ft x 8ft 6 in. (Height)
- Forklift Pockets
2 $ 2,095.00 $ 4,190.00 $ 345.68
17 MOD Lockbox Cargo Door
MOD-LBCD
Cargo Door Security Lockbox
2 $ 156.00 $ 312.00 $ 25.74
18 MOD Louvered Vent 12in
MOD-1212LV
12 in. x 12 in. Louvered Vent
6 $ 155.00 $ 930.00 $ 76.72
19 MOD Roll-Up Door 6ft
MOD-6RUD
6ft Roll-Up Door (Manual) Installed 26 ga Galvanized Steel Curtain (White) Exterior Locking Hasp
2 $ 1,100.00 $ 2,200.00 $ 181.50
20 MOD Lockbox Roll-Up Door
MOD-LBRUD
Roll-Up Door Lockbox
2 $ 165.00 $ 330.00 $ 27.23
21 MOD Man Door 3ft x 6ft 8in Right Hand Out-swing Double Bore
MOD-MD3068RODB
3ft Man Door Steel
Double Bore, Locking Lever & Deadbolt
36 in. (Width) x 80 in. (Height)
Right Hand Out-swing
2 $ 950.00 $ 1,900.00 $ 156.75
22 MOD Lockbox Man Door
MOD-LBMD
Man Door Security Lockbox
2 $ 180.00 $ 360.00 $ 29.70
23 MOD Electrical Package 20ft Surface Mount
MOD-ELEC20SURFACE
Electrical Package 20ft Container Surface Mount
Load Center 125 Amp 4 Space 8 Circuit (1)
Circuits (3)
Receptacles (4)
4ft LED Light Fixtures (2)
Can be expanded/contracted according to customer
specifications
2 $ 1,755.00 $ 3,510.00 $ 289.57
24 MOD Paint Custom Color 20ft Exterior
MOD-PAINTCUSTOM20EXT
Prep, Primer, Paint Custom Color 20ft
Color
2 $ 750.00 $ 1,500.00 $ 123.75
140
Product details Quantity List price Total Tax
25 OAK 40ft Tilt-Bed Ground Delivery
OAK40TILTBED
40ft Tilt-Bed Ground Delivery
1 $ 561.12 $ 561.12 $ 0.00
26 40ft New Standard One-Trip ISO Container
40STN
40ft New Standard One-Trip ISO Container
- 40ft x 8ft x 8ft 6 in. (Height)
- w/ ISO Lockbox
1 $ 5,925.00 $ 5,925.00 $ 488.81
27 MOD Hazmat Containment Tray 40ft
MOD-HAZMATCONTAINTRAY40
Hazmat Containment Tray 40ft
1 $ 17,684.96 $ 17,684.96 $ 1,459.01
28 MOD Louvered Vent 12in
MOD-1212LV
12 in. x 12 in. Louvered Vent
3 $ 155.00 $ 465.00 $ 38.36
29 MOD Roll-Up Door 8ft
MOD-8RUD
8ft Roll-Up Door (Manual) Installed 26 ga Galvanized Steel Curtain (White) Exterior Locking Hasp
1 $ 1,275.00 $ 1,275.00 $ 105.19
30 MOD Lockbox Roll-Up Door
MOD-LBRUD
Roll-Up Door Lockbox
1 $ 165.00 $ 165.00 $ 13.61
31 MOD Man Door 3ft x 6ft 8in Right Hand Out-swing Double Bore
MOD-MD3068RODB
3ft Man Door Steel
Double Bore, Locking Lever & Deadbolt
36 in. (Width) x 80 in. (Height)
Right Hand Out-swing
1 $ 950.00 $ 950.00 $ 78.38
32 MOD Lockbox Man Door
MOD-LBMD
Man Door Security Lockbox
1 $ 180.00 $ 180.00 $ 14.85
33 MOD Powered Louver Vent
MOD-PWRVNTV2
Powered Louver Vent V2
1 $ 1,735.00 $ 1,735.00 $ 143.14
34 MOD Electrical Package 40ft Surface Mount
MOD-ELEC40SURFACE
Electrical Package 40ft Container Surface Mount Circuits (3) Receptacles (6)
4ft LED Light Fixtures (4)
Load Center 125 Amp 4 Space 8 Circuit (1)
Can be expanded/contracted according to customer
specifications
1 $ 2,560.00 $ 2,560.00 $ 211.20
35 LAT 40ft Tilt-Bed Ground Delivery
LAT40TILTBED
40ft Tilt-Bed Ground Delivery
1 $ 434.35 $ 434.35 $ 0.00
36 Container Shelter 40ft x 40ft x 13ft Double Truss
CXW-CNXSHLTR404013DT
Container Shelter 40ft x 40ft x 13ft Double Truss
***Require forklift onsite to offload the material!***
3 $ 13,660.00 $ 40,980.00 $ 3,380.85
37 Container Shelter Back Wall 40ft x 40ft x 13ft Double Truss
CXW-CSBW404013DT
Container Shelter Back Wall 40ft x 40ft x 13ft Double Truss 3 $ 3,300.00 $ 9,900.00 $ 816.75
38 Container Shelter 26ft x 40ft x 10ft Single Truss
CXW-CNXSHLTR264010ST
Container Shelter 26ft x 40ft x 10ft Single Truss
***Require forklift onsite to offload the material!***
4 $ 8,950.00 $ 35,800.00 $ 2,953.50
39 Container Shelter Back Wall 26ft x 40 ft x 10ft
CXW-CSBW264010
Container Shelter Back Wall 26ft x 40 ft x 10ft
4 $ 2,150.00 $ 8,600.00 $ 709.50
Sub Total (with tax) $ 251,092.67
Adjustment $ 0.00$ 0.00
Grand Total $ 251,092.67
Notes:
141
Lead time: Stock item
Estimated delivery date Aug 1, 2024.
This quote can be accepted by replying to the email with your confirmation.
Conexwest
(855) 878-5233 | conexwest.com
142
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corporation Yard Project Phase II O&M Transition; Expires on 08/07/25
EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
[Sales Representative ]
143
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
EXHIBIT E
LABOR COMPLIANCE
1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.
B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.
C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.
2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work.
The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 144
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.
3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.
Provisions of said Section pertaining to employment of registered apprentices are hereby 145
ATT 1
Bizon Group, Inc. dba. Conexwest
CPC24-203- Corpyard Connex Storage Containers
Expires on 08/07/25
incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 146
2485506.1 7203.004
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 7, 2024 ITEM #8
SUBJECT:
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-6 AMENDING CHAPTER 12.08 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE
TO ALLOW FOR REGULATION OF SPECIAL EVENTS IN THE CITY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Erin Rivas, Business Manager
Parks and Recreation Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The objective of this report is to amend Chapter 12.08 of the City of West Sacramento Municipal Code to allow for regulation of Special Events within the city limits.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the adoption of Ordinance 24-6, which would amend Chapter 12.08 of the City of West Sacramento Municipal Code to allow for regulation of Special Events within the City limits, is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).); and
2) Waive the second reading, read by title and number only, and adopt Ordinance 24-6, amending Chapter
12.08 of the City of West Sacramento Municipal Code related to Special Events within the city limits of the City of West Sacramento.
BACKGROUND
Chapter 12.08 of the City of West Sacramento Municipal Code relates to Special Events within the city limits of the City of West Sacramento. Chapter 12.08 was last updated in 2022 to reflect changes in the City Special Event Program and provide improved customer service to constituents. The updates were primarily administrative, but the updates included:
Updating the number of attendees associated with Special Event categories Increasing the size of tents, canopies or awnings triggering a Special Event Permit Defining an “Annual Permit”
Updating the application deadline for Category III Events Establishing that late applications may be subject to a late fee Updating the requirements for block parties
Adding language to address unpaid event costs
Including language reflecting the City Council-adopted Administrative Policy related to the waiver or reduction of City service fees
An interdisciplinary team of staff, including Parks, Police, Fire, Transportation, Parking, Building and Public Works department representatives meet monthly to review pending Special Event Permit applications. As part of these meetings, staff has seen a significant increase in applications for Special Events in parking lots within the Entertainment District. The purpose of the parking lots in the Entertainment District is to support vehicle parking for Special Event attendees within the Entertainment District. To address the safety and need to regulate the use of parking lots for Special Events, staff is proposing to update Chapter 12.08 of the Municipal Code.
ANALYSIS
Proposed updates to Chapter 12.08 of the City’s Municipal Code related to Special Events are included as part of Attachment 1 and summarized below:
12.08.050 - Permits for special events occurring at venues or facilities in agricultural or residential zones, or in City-owned parking areas, not intended for special events as its primary purpose. – Permits will be considered for events in agricultural and residential zones, and in City-owned parking areas, when involving venues or facilities not constructed for the purpose of producing, 147
Second Reading of Ordinance 24-6
August 7, 2024
2485506.1 7203.004
hosting or staging special events or sporting events. These permits shall be subject to the same rules and regulations applicable to other special event permits. – No more than twelve special events per calendar year shall be permitted in agricultural or residential zones, when involving venues or facilities that were not designed or intended for such events as its primary purpose. The applicant shall submit a special event permit application for each event. – Permits will be considered for City-owned parking areas regardless of underlying zoning or principal use of the parcel.
– Permits will not be considered for events proposed on privately owned parcels principally used for parking, where parking is not incidental to another on-site activity and the parcel is not intended for special events as its primary purpose.
12.08.090 - Permit conditions.
– Excluding the use of privately owned parcel(s) as a special event venue, or portion thereof, where the parcel(s) are principally used for parking and parking is not incidental to another on-site activity.
The Proposed ordinance, along with a redline version reflecting proposed updates to Chapter 12.08, are included as Attachments 1 and 2, respectively, and were presented to the Council for First Reading of the ordinance on June 26, 2024.These updates are primarily administrative, but further promote the facilitation of Special Events within the City. The City recognizes that Special Events provide cultural enrichment, promote economic vitality and enhance community identity and pride. Properly permitting Special Events helps to consider the public benefits of the event, along with public health and safety and reducing impacts to residents and businesses.
Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
On February 26, staff provided information on proposed updates to the Municipal Code related to Special Events to the Arts, Cultural, and Historical Preservation Commission. This information was provided as part of the Director’s Report. The Commission was generally supportive.
Strategic Plan Integration
The proposed updates to Chapter 12.08 of the Municipal Code supports the City Council’s 2019 Strategic Plan Goal, West Sacramento: A Preferred Place to Live, Work, and Play by providing a mechanism for facilitating a wide range of Special Events that highlight and support the diverse nature of the City. Additionally, this project supports the City’s 2019 Strategic Plan Management Agenda High Priority item: “Parks, Recreation and Open Space Master Plan Implementation.” Updating the municipal code in relation to Special Events aligns with Implementation Strategy #6, Recreation Programming, “Update the Special Events policy to ensure equitable utilization of City resources when supporting external events.” Alternatives
The Council’s primary alternatives are summarized below:
1. Propose additional modifications to the Municipal Code and direct staff to return at a future date with additional information and/or a modified Ordinance; or
2. Decline action at this time.
Coordination and Review
The proposed Municipal Code updates have been coordinated with the Community Development, Fire, Police, Public Works and Finance departments, the City Manager’s Office, and the City Attorney.
Budget/Cost Impact
The proposed Municipal Code updates support a more efficient Special Event Permit application review and permitting process, reduced staff time, cost savings, and improved customer service.
ATTACHMENTS
1. Draft Ordinance 24-6
2. Redline Version of Proposed Updates to Chapter 12-08 of the City Municipal Code 148
Attachment 1
ORDINANCE 24-6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO
AMENDING CHAPTER 12.08 RELATED TO SPECIAL EVENTS
The City Council of the City of West Sacramento does ordain as follows:
Section 1. Purpose and Authority. The purpose of this Ordinance is to amend Chapter
12.08 of the West Sacramento Municipal Code. The Ordinance is enacted in accordance with the authority granted to cities by State law.
Section 2. Amendments to Chapter 12.08 of the West Sacramento Municipal Code.
A. Section 12.08.050 of Chapter 12.08 is hereby amended to read:
"12.08.050 Permits for special events occurring at venues or facilities in agricultural or residential zones, or in City-owned parking areas, not intended for special events as its primary purpose.
A. Permits will be considered for events in agricultural and residential zones when the event involving venues or facilities not constructed for the purpose of producing, hosting or staging special events or sporting events. These permits shall be subject to the same rules and regulations applicable to other special event permits. Please see Section 17.30.220.
B. No more than twelve special events per calendar year shall be permitted in agricultural or residential zones or at venues or facilities that were not designed or intended for such events as its primary purpose. The applicant shall submit a special event permit application for each event.
C. Permits will be considered for City-owned parking areas regardless of the underlying zoning or principal use of the parcel. The applicant shall submit a special event permit application for each event.
D. Permits will not be considered for events proposed on privately owned parcels that are principally used for parking, where parking is not incidental to another onsite activity and the parcel is not intended for special events as its primary purpose." read:
B. Section 12.08.090 of Chapter 12.08 is hereby amended to add new Subsection P, to P. Excluding the use of privately owned parcel(s) as a special event venue, or portion thereof, where the parcel(s) are principally used for parking and parking is not incidental to another on-site activity.
Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or 149
Ordinance 24-6
circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.
Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 7th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST: Approved as to form:
Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney
CODIFY X UNCODIFY
150
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https://library.qcode.us/lib/west_sacramento_ca/pub/municipal_code/item/title_12-chapter_12_08?view=all 1/14 West Sacramento, California Municipal Code
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.08 SPECIAL EVENTS
12.08.000 Intent of chapter.
12.08.010 Special events.
12.08.020 Additional definitions.
12.08.030 Permits required—Exemptions.
12.08.040 Annual permits for events occurring at facilities designed for special events.
12.08.050 Permits for special events occurring at venues or facilities in agricultural or, residential zones, ,not intended for special events as its primary purpose.
12.08.060 Application procedure.
12.08.070 Contents of application form.
12.08.080 Action on application.
12.08.090 Permit conditions.
12.08.100 Grounds for denial.
12.08.110 Permit issuance.
12.08.120 Appeal procedure.
12.08.130 Indemnification agreement.
12.08.140 Insurance.
12.08.150 City support service fees.
12.08.160 Cleanup deposits for certain special events.
12.08.170 Waiver or reduction in city support service fees.
12.08.180 Duties of permittee.
12.08.190 Unlawful to sponsor, authorize or participate in an event without a permit or notice.
12.08.200 Unlawful to exceed scope of permit.
12.08.210 Revocation of permit.
12.08.220 Violation—Penalty.
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https://library.qcode.us/lib/west_sacramento_ca/pub/municipal_code/item/title_12-chapter_12_08?view=all 2/14
12.08.000 Intent of chapter.
The city is committed to facilitating a wide range of special events that highlight and support the diverse nature of the city. The city recognizes that special events provide cultural enrichment, promote economic vitality and enhance community identity and pride. The city recognizes that some events may result in temporary inconveniences or disturbances to residents and businesses in surrounding areas. Permit conditions for a special event will consider the benefits of special events, while reasonably balancing the city’s obligation to protect the public health, safety and peaceful enjoyment of residents and businesses. Permit conditions will also consider the area of the city where the event is proposed and the types of events and activities that were contemplated for that area. The city has designated two entertainment districts, the Waterfront Entertainment District and Downtown Entertainment District.
These districts have been planned as active and event-oriented areas of the city. It is not the intent of the city in adopting this chapter to regulate or judge the content of events, but instead to provide a workable and content-neutral framework for mitigating the impacts attributable to special events. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.010 Special events.
A. A special event is defined as any organized activity, formation, parade, procession, a block party or assembly, outside of normal business operations other than that which occurs as part of normal business activity, that is likely to meet any one or more of the following criteria:
1. Be attended by one hundred people or more;
2. May obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic on any public or private right-of-way or sidewalk;
3. Can reasonably be expected to be a hazard to the public peace, health, safety or general welfare of the public;
4. Can reasonably be expected to require the provision of city support services, such as police, fire, public works, or parks maintenance;
5. Includes the use of amplified sound, fireworks, pyrotechnics, or noisemakers, such as, but not limited to, horns, sirens, cannon or gun blast sounds or whistles;
6. Involves the use of temporary structures such as stages or other configurations that would require fire and/or building inspector approval;
7. Uses tents, canopies or awnings spanning four hundred square feet or larger;
8. Includes the distribution or sale of alcoholic beverages;
9. Involves the use of mobile vendors; or
10. Will be using armed security.
B. Special events will fall within one of the following categories:
1. Category I. Category I events generally involve fewer than five hundred people and are 1026 152
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2. Category II. Category II events generally range between five hundred and two thousand nine hundred ninety-nine people and are anticipated to require a moderate need for city support services.
3. Category III. Category III events generally range between three thousand people and above and are anticipated to require a significant need for city support services.
C. The event category typically determines the level of city support services required to maintain minimal interference and inconvenience to the general public resulting from the event. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.020 Additional definitions.
“Annual permit” means an annual permit intended for a series (three or more) of similar special events sponsored by the same person or organization in the same twelve month period. “Applicant” means any person applying for a permit to conduct or sponsor an event governed by this chapter. Applicants must be eighteen years of age or older. “Block party” means an event involving the temporary closure of a public or private right-ofway. “City manager” means the city manager or the city manager’s designee. “City support services” means city personnel, contractors, and equipment. “Entertainment district” means an area of the city planned for vibrant and regular special events, the boundaries of which have been established by city council resolution. “First Amendment” means the First Amendment of the United States Constitution and the equivalent provisions in the California Constitution.
“Non-refundable permit application fee” means a non-refundable fee that is intended to cover the actual costs of processing and reviewing special event applications and administering the special events permit program.
“Organizer” means any person who is conducting, sponsoring or organizing a special event. “Participant” means a spectator, fan, supporter or any other person attending for the purpose of watching and/or participating in the special event.
“Permit” means a special event permit granted pursuant to this chapter. “Permit application fee” means the fee to be paid by the applicant at the time the application for a permit is filed with the special events administrator.
“Permittee” means any person or organization who has been issued a permit by the city. “Person” means any individual, firm, partnership, association, corporation, governmental entity, company or organization of any kind. 1027 153
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https://library.qcode.us/lib/west_sacramento_ca/pub/municipal_code/item/title_12-chapter_12_08?view=all 4/14 “Right-of-way” means the dedicated portion of any street or road within the city. “SEA” means special events administrator, who is the city manager or designee. “Sound engineer” means the individual designated by the SEA to review and monitor preparation and/or implementation of the amplified sound plan for events using amplified sound. “Sound/music supervisor” means the individual designated by the applicant/permittee to monitor implementation of the amplified sound plan for events using amplified sound. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.030 Permits required—Exemptions.
A. Except as otherwise provided herein, all special events occurring within the city shall be prohibited, unless a permit, properly issued by the SEA, has first been obtained.
B. Exemptions. A permit is not required for the following:
1. Funeral processions.
2. Governmental agencies acting within the scope of their authorized function.
3. Regularly scheduled religious services.
4. Category I events held on city property; in such cases organizers shall comply with Chapter
12.12 (Parks and Community Service Facilities) of this code.
5. Category I events held at a private facility that was constructed for the purpose of conducting special events of the type proposed to be held at the facility.
6. Non-commercial special events at private residences. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.040 Annual permits for events occurring at facilities designed for special events.
A. Annual permits will be considered for venues or facilities constructed for the purpose of producing, hosting or staging special or sporting events, and/or in the entertainment districts.
Except as otherwise provided in this section, these annual permits shall be subject to the same rules and regulations applicable to individual permits.
B. Applications for annual permits shall be submitted not less than ninety days before the first scheduled event of the calendar year. An annual permit application shall be accompanied by a nonrefundable permit application fee in the amount set by city council in the book of fees. This nonrefundable permit application fee shall be based on typical costs associated with processing and reviewing special event permit applications and administering the special events program and is not intended to generate revenue that exceeds actual staffing costs for administering the permit review and issuance process. 1028 154
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pyrotechnics displays, vehicular races/demonstrations or other hazardous activities, concerts, and animal exhibitions. The SEA can prohibit, restrict, or place conditions on such additional activities when the application is considered.
D. The permittee shall be responsible for the city’s costs in providing a level of public services necessary to ensure the health, safety and welfare of both the special event’s participants and the community. Upon approval of the annual permit, the SEA shall provide the applicant with a statement of the estimated cost of providing such services for each event. The estimated cost for an initial annual permit shall be based on the applicant’s projected attendance for its first year of operations. Thereafter, the estimated cost shall be based on the city’s costs actually incurred in the previous year, modified as necessary to account for changes in the size, scope, or numbers of anticipated events during the term of the permit.
E. The annual permit shall authorize the permittee to conduct only such event(s) as is described in the permit, and in accordance with the terms and conditions of the annual permit. It is unlawful for the permittee to willfully violate the terms and conditions of the annual permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the annual permit. Should the holder of an annual permit desire to conduct an activity that would otherwise be deemed a special event but is not authorized by the annual permit, the permittee shall be required to obtain an individual special event permit for the unauthorized activity.
F. The SEA shall issue the annual permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter respecting indemnification, insurance, public services and cleanup deposits have been fully satisfied. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.050 Permits for special events occurring at venues or facilities in agricultural or residential zones, not intended for special events as its primary purpose.
A. Permits will be considered for events in agricultural and residential zones, involving venues or facilities not constructed for the purpose of producing, hosting or staging special events or sporting events. These permits shall be subject to the same rules and regulations applicable to other special event permits. Please see Section 17.30.220.
B. No more than twelve special events per calendar year shall be permitted in agricultural or residential zones or when involving at venues or facilities that were not designed or intended for such events as its primary purpose. The applicant shall submit a special event permit application for each event. (Ord. 22- 18 § 2; Ord. 15-3 § 3)
B.C. Permits will not be considered for events proposed on privately owned parcels principally used for parking, where parking is not incidental to another on-site activity and the parcel is not intended for special events as its primary purpose.
12.08.060 Application procedure. 1029 155
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https://library.qcode.us/lib/west_sacramento_ca/pub/municipal_code/item/title_12-chapter_12_08?view=all 6/14 A. Except as otherwise provided herein, all applications for permits shall be filed with the SEA according to the following;
1. Category I Events—thirty days prior to the event.
2. Category II Events—sixty days prior to the event.
3. Category III Events—one hundred eighty days prior to the event.
B. Notwithstanding the foregoing, the SEA shall consider an application that is filed after the filing deadline if:
1. The event is a noncommercial activity involving First Amendment expressive activity, and waiving the filing deadline is necessary to protect First Amendment rights;
2. The SEA determines that there is sufficient time to process and review the application and to obtain all city support services needed for the event. Good cause may be demonstrated by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed.
C. Applications received less than the required minimum number of days prior to the event as noted above will be subject to a late fee in an amount set by the city council in the city’s book of fees. (Ord. 22- 18 § 2; Ord. 15-3 § 3)
12.08.070 Contents of application form.
A. The permit application shall be accompanied by a nonrefundable special event permit application fee in an amount set by the city council in the city’s book of fees. This nonrefundable permit application fee shall be based on typical costs associated with processing and reviewing special event permit applications and administering the special events program and is not intended to generate revenue that exceeds actual staffing costs for administering the permit review and issuance process.
B. The application for a permit shall include the information set forth below:
1. Written proof of consent by the owners of the property where the special event is to be held;
2. The name, address, email address and telephone number of the applicant and an alternative contact person;
3. The location of the event, including its boundaries and site plan drawings;
4. If the proposed event is sponsored by an organization, the name, address and telephone number of the organization, and the authorized representative of the organization;
5. The nature and purpose of the event, including a list of all planned activities that are contemplated for the special event;
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7. Date and estimated starting and ending times of the special event;
8. The estimated number of participants/attendees of the special event;
9. The type and estimated number of vehicles, animals and structures which will be used at the special event, and whether there will be water aid stations at the special event;
10. Whether any food or non-alcoholic beverages will be sold or consumed at the special event, and if so, proof of compliance with all applicable local, state and federal laws, rules and regulations, including proof that the applicant has obtained all necessary permits;
11. Whether any alcoholic beverages will be sold or consumed at the event and, if so, proof of compliance with all applicable laws, rules and regulations of the Alcohol Board of Control (ABC);
12. Parking site plan that includes provisions for meeting the guidelines set forth in the Americans with Disabilities Act;
13. The plan for clean-up after the special event, including any contracts to effectuate the clean-up;
14. Proof of liability and property insurance;
15. A description of the sanitary facilities to serve the participants of the special event;
16. If the event includes a parade or procession, the application shall include: (a) the planned route;
(b) the number and kind of vehicles, equipment and animals which will be involved; (c) a plan for the assembly and dispersal of the parade/procession; and (d) a statement as to whether the parade/procession will occupy all, or only a portion of, the streets proposed to be traversed;
17. A plan to provide notice to area businesses and/or residents that will likely be significantly impacted by noise, amplified sound, traffic, odor, dust or light from the event. The notice is to be delivered by the applicant to the impacted area, as determined by the SEA, no later than seventytwo hours prior to the event and will include pertinent information about the event. Within entertainment districts, a plan and notification of businesses and residents shall be required for any events expected to have a specific adverse impact on the residents and businesses; and
18. Any additional information that, under the particular circumstances of the special event application, the SEA finds reasonably necessary to determine whether to approve or conditionally approve a permit.
C. Amplified Sound Plan. The application shall include an amplified sound plan if the event is using amplified sound. This plan, which must be approved by the SEA prior to the event, as part of the special event permit shall include:
1. A list of the sound equipment that will be used at the event;
2. A site plan showing the placement and direction the speakers will be pointed. (Speakers will not be allowed outside of the permitted area);
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3. A description of the use of directional speaker systems with cutoff points;
4. The consideration of smaller systems in specific locations throughout the venue, rather than far ranging single amplification systems;
5. Times and duration of planned sound checks; and
6. The name of a sound/music supervisor who will remain on site throughout the event along with contact information and the procedure for contacting the sound/music supervisor if there are issues during the event.
Decibel and other sound check measures may be required at pre-determined locations throughout the event timeframe. The sound/music supervisor shall have the results of the decibel and other sound check measures available should he or she need to respond to an inquiry.
Depending on the magnitude of an event, the SEA may require that the applicant’s amplified sound plan be reviewed and monitored by a professional sound engineer hired by the city. The cost of the city’s sound engineer will be borne by the applicant. The city’s sound engineer may require modifications to the amplified sound plan that will maintain the integrity of the event while minimizing the impact on surrounding areas.
Amplified sound guidelines will be set forth as one of the conditions in the special event permit.
Additionally, the city’s sound engineer will monitor sound pursuant to the standards approved in the special event permit. The city sound engineer will perform at the applicant’s expense and will be in ongoing contact with the sound/music supervisor throughout the event to ensure compliance. (Ord. 22- 18 § 2; Ord. 15-3 § 3)
12.08.080 Action on application.
The SEA shall approve, conditionally approve or deny an application no fewer than ten calendar days prior to the scheduled event; or thirty calendar days after the receipt of a complete Category II application; or forty-five days after the receipt of a complete Class III application. Denials shall be based on one or more of the conditions or criteria specified in this chapter. In the event of special circumstances, as determined by the SEA, time limits for such a determination may be reasonably extended. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.090 Permit conditions.
The SEA may condition the issuance of a permit by imposing reasonable restrictions on the time, place and manner of conducting the event as are necessary or appropriate to protect persons and property and to control traffic, provided that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following:
A. Alteration of the staffing for, or the date, time, route or location of the event; B. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
C. Requirements for provision of first aid and sanitary facilities, including the presence of 1032 158
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E. Approval of any proposed private security forces;
F. Restrictions on the number and type of vehicles, animals or structures at the event; G. Compliance with animal protection ordinances and laws; H. Requirements for use of garbage containers, cleanup, and restoration of city property; I. Conditions to address noise in general, traffic, odor, dust or lighting; J. Restrictions on the time and use of fireworks, amplified sound and noise makers such as, but not limited to, horns, sirens, canon or gun blast sounds and whistles. With the exception of July 4th and New Year’s Eve into the new year, these sounds shall be restricted in entertainment districts to no later than ten p.m. Sunday through Thursday and midnight on Friday and Saturday.
In all other areas of the city these sounds shall be restricted to ten p.m. Sunday through Saturday; K. Permits for block parties may be conditioned on having approval of a majority of all residents living on streets affected by the block party;
L. Compliance with any relevant ordinance or law and obtaining any legally required permit or license;
M. Adequate proof of payment of the city support service fees; N. Adequate proof of compliance with the clean-up requirements; and O. Facilities designed for special events and operating under the terms of an existing use permit shall comply with the operating conditions and limitations set forth in the use permit, and in the event any of those terms conflict with the terms set forth in this chapter, the use permit shall control. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.100 Grounds for denial.
A. The SEA shall approve an application for a permit unless he or she determines, from a consideration of the application or other pertinent information, that:
1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
2. The application is incomplete, or the applicant failed to complete the application after having been notified of the additional information or documents required;
3. The applicant undertook a prior special event without a required permit or otherwise in violation of this chapter;
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4. The applicant failed to pay the additional costs of a prior special event charged pursuant to Section 12.08.150(C);
5. Another permit application has been received prior in time, or has already been approved, to hold another event at the time and place requested by the applicant or so close in time and/or place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;
6. The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around the event, will either prevent proper police, fire or emergency medical services to areas contiguous to the event or exceed the capabilities of the police, fire or emergency medical services needed to adequately protect the participants from the conduct of others;
7. The size of the event will require diversion of so great a number of city police officers and other public employees to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city.
Nothing herein authorizes denial of a permit when additional peace officers or approved private security forces to supplement these peace officers would be available to the city, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event;
8. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit;
9. The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;
10. Given the nature of the special event, and/or the past history of the applicant, sponsors and/or participants, the SEA reasonably determines that event presents a substantial risk to the health, safety and welfare of the participants and/or local residents that cannot be adequately mitigated using available public resources; or
11. The applicant failed to comply with the California Fire Code during previous special events.
12. The event occurs on privately owned parcel(s), or portion thereof, that is/are principally used for parking and the parking use on the parcel(s) is not incidental to another on-site commercial activity.
B. When the grounds for denial specified in subsections (A)(4) through (A)(10) of this section can be corrected by altering either the staffing for, or the date, time, duration, route, or location of the event, the SEA shall, instead of denying the application, conditionally approve the application upon the applicant’s written acceptance of conditions for permit issuance. The conditions imposed pursuant to this section shall provide for only such modifications of the applicant’s proposed event 1034 160 9/11/23, 12:51 PM Chapter 12.08 SPECIAL EVENTS
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C. If the application is denied, the SEA shall inform the applicant of the grounds for denial in writing. If the application is conditionally approved, the SEA shall inform the applicant of any permit conditions at the time the application is approved. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.110 Permit issuance.
A. The SEA shall issue the permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter have been fully satisfied.
B. The SEA shall not withhold the issuance of a permit if the primary purpose of the proposed event is First Amendment expressive activity and the applicant has requested a waiver pursuant to Section
12.08.170. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.120 Appeal procedure.
A. The applicant may appeal to the city council the denial or conditional approval of a permit, or the revocation of a permit pursuant to Section 12.08.210.
B. Appeals shall be conducted pursuant to Chapter 1.08 of this code.
C. Notwithstanding Chapter 1.08, all appeals shall be filed with the city clerk no later than five days following the notice of decision by the SEA. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.130 Indemnification agreement.
Prior to the issuance of a permit, the applicant shall execute an indemnification agreement. The agreement shall provide that the applicant shall defend, indemnify and hold harmless the city and its officers, officials, employees and volunteers from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.140 Insurance.
A. The permittee of a special event must possess or obtain public liability insurance to protect against liability for personal injury and property damage arising from the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:
1. Two million dollars for each occurrence combined single limit bodily injury and property damage.
2. If food or nonalcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than five hundred thousand dollars. If alcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than five hundred thousand dollars.
B. Insurance required pursuant to this section shall be maintained for the duration of the event and shall: 1035 161
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1. Name the city, its officers, officials, employees and volunteers on the policy or by endorsement as additional insureds on the applicant’s policies of insurance.
2. Be a primary policy and not contributory or in excess of any policy of city.
3. Declare all deductibles on the policy. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.150 City support service fees.
A. Upon approval of an application for a permit, the SEA shall provide the applicant with a statement of the estimated cost of providing city support services. The cost of such services shall be solely borne by the applicant and shall be paid to the city at the time the event is permitted. A permit will not be issued unless fees have been paid.
B. The city support service fees will be established by the city council in the book of fees.
The amount of such fees shall be based on the city’s actual cost of providing the services necessary to ensure the safety of both the special event’s participants and the community.
C. If the actual cost of city support services for the event is less than the estimated cost, the applicant will promptly be refunded the difference by the city. If the actual cost for city support services is more than the estimated cost, the difference shall become due and payable to the city upon the permittee’s receipt of a statement of costs. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.160 Cleanup deposits for certain special events.
A. The applicant for an event in public facilities or on public property or rights-of-way involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations, shall be required to provide a cleanup deposit prior to the issuance of a permit. As an alternative to such deposit, the applicant may provide a written contract for event cleanup.
B. The cleanup deposit shall be returned after the event, if the area used for the event has been cleaned and restored to the same condition as existed prior to the event.
C. If the public facilities, property, or rights-of-way used by the participants of the special event have not been fully cleaned or restored, the permittee shall be billed for the actual cost for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. If the permittee disputes the bill, the permittee may appeal to the SEA within five days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant’s receipt of the bill.
D. If an applicant has unpaid cleaning costs from a previous special event, all future special event permit applications will be denied until the debt has been remedied. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.170 Waiver or reduction in city support service fees.
The city council adopted Administrative Policy IX-A-6 which sets forth the policy factors and procedure for city council to consider when administering special event fee waivers to ensure they 1036 162
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12.08.1780 Duties of permittee.
A. Each permittee shall comply with all terms and conditions of the permit.
B. Each permittee shall ensure that the person in charge of any special event shall carry the permit on his or her person or otherwise have the permit immediately available upon demand.
C. Each permittee shall ensure the area used for the permitted event is immediately cleaned and restored to the same condition as existed prior to the event.
D. Each permittee shall comply with all applicable local, state and federal laws, rules and regulations, including, but not limited to, this chapter, the California Fire Code. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.1890 Unlawful to sponsor, authorize or participate in an event without a permit or notice.
It is unlawful for any person to sponsor or conduct a special event requiring a permit unless a permit has been issued for the event. It is unlawful for any person to participate in a special event with the knowledge that the sponsor of the event has not been issued the required permit. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.19200 Unlawful to exceed scope of permit.
It is unlawful to exceed the scope of the permit for the event(s) described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.2010 Revocation of permit.
A. The SEA may revoke a permit upon a finding that the event is not being conducted in compliance with any term, condition, restriction, or limitation of the permit, or if he or she finds that, as a result of changed circumstances, any one or more of the grounds for denial have been met. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken in accordance with Section 12.08.120.
B. The SEA, chief of police or designee and/or fire captain or designee may revoke a permit and close a special event prior to the expiration of the permit in the event of the occurrence of a riot, major disorder or serious breach of the peace when, in their opinion, it is necessary to prevent injury to persons and/or to property. (Ord. 22-18 § 2; Ord. 15-3 § 3)
12.08.2120 Violation—Penalty.
All violations of the provisions of this chapter are infractions, punishable as set forth in Chapter 1037 163 9/11/23, 12:51 PM Chapter 12.08 SPECIAL EVENTS
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1.12. (Ord. 22-18 § 2; Ord. 15-3 § 3)
Contact:
City Clerk: 916-617-4500
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CITY COUNCIL AGENDA REPORT
MEETING DATE: August 7, 2024 ITEM #9
SUBJECT:
CONSIDERATION OF INDEPENDENT CONTRACTOR AGREEMENT BETWEEN
WASHINGTON UNIFIED SCHOOL DISTRICT AND THE CITY OF WEST SACRAMENTO
FOR EXPANDED LEARNING PROGRAM SERVICES AND APPROVAL OF RESOLUTION 24-82 FOR RELATED BUDGET ADJUSTMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X ] Staff
[ ] Other
Connie Leek, Recreation Manager
Parks & Recreation
Jennifer Hall, Recreation Supervisor II
Parks & Recreation
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for approval of an Independent Contractor Agreement with Washington Unified School District (W.U.S.D.) for Expanded Learning Program Services under the After School and Safety (A.S.E.S.) Grant, and consideration of approval of resolution 24-82 adopting related budget adjustments.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve the Independent Contractor Agreement with Washington Unified School District for the After School Enrichment & Safety (ASES) and Expanded Learning Opportunities Program (ELO-P) grants in the amount not to exceed $2,230,743.00 each fiscal year through June 30, 2027; and 2) Approve Resolution 24-82 adopting related budget adjustments; and 3) Authorize the City Manager, or designee, to execute the contract agreement.
BACKGROUND
Since 2007 KidZone/Club West has been a partnership between Washington Unified School District (WUSD) and the City to provide quality, enriching, after-school services to the youth of West Sacramento funded under Proposition 49. The After School Education & Safety (ASES) grant provides funds for KidZone & Club West which operates throughout the year providing academic, enrichment, and recreation activities which include provision of a daily supper and snack, disguised learning activities, physical activity, and arts & crafts. In recent years WUSD has been able to also secure ELO-P grant funding, and expand services to include intersession programming during summer, winter, and spring school breaks. During the 2023/2024 school year 522 students were provided quality after school and intersession care through this partnership.
ANALYSIS
The most recent Agreement with Washington Unified School District will expire on June 30, 2024.The District has requested to renew the partnership with the City of West Sacramento Department of Parks and Recreation to provide quality afterschool and intersession programs for the youth of West Sacramento for the next three school years 2024/2025, 2025/2026, and 2026/2027.
The Independent Contractor Agreement includes reimbursement to the City of up to $6,692,229.00 for the three year agreement period. The City will invoice the district quarterly, and annual reimbursement shall not exceed $2,230,743.00 per fiscal year.
In recent years KidZone and Club West After School programs have experienced drastic challenges recruiting applicants and meeting staffing ratios to provide the ASES (After School Education and Safety) and ELOP Expanded Learning Opportunities) funded KidZone and Club West Programs at four Washington Unified School District (WUSD) sites covered by the grants. For the school year 2023/2024 WUSD and the City made strides toward alleviating some of these challenges by increasing program staff pay rates and implementing stipends for program staff. WUSD agrees to continue to offer program staff mid and end of the year stipends for school years 2024/2025, 2025/2026, and 2026/2027 to increase recruitment and retention. 165
ASES Amendment
June 26, 2024
Mid-Year Retention Pay – Paid as a onetime lump sum bonus Program Aide $ 200.00
Program Leader $ 250.00
Assistant Program Site Leader $ 250.00
Program Site Leader $ 300.00
Lead Program Leader $ 300.00
Requirements:
o Based on position/title at time of pay.
End of the Year Retention – Paid as a onetime lump sum bonus Program Aide $ 200.00
Program Leader $ 250.00
Assistant Program Site Leader $ 250.00
Program Site Leader $ 300.00
Lead Program Leader $ 300.00
Requirements:
Based on position/title at time of pay.
Environmental Considerations
Not applicable. The funding approvals can be seen with certainty to have no potential for causing a significant effect on the environment.
Commission Recommendation
Not applicable
Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.
Alternatives
The City Council’s primary alternatives are summarized below:
1) Approve the Recommended Action.
2) Reject the Recommended Action and direct staff to return with alternative recommendations.
Staff recommends Alternative 1 as the best way to continue to provide quality after-school and intersession programs for the youth of West Sacramento.
Coordination and Review
This report has been coordinated between the City Manager's Office, Human Resources Division, Finance Department, Parks & Recreation Department, and the Washington Unified School District.
Budget/Cost Impact
There is no direct financial impact to the City with the approval of the Independent Contractor Agreement between the Washington Unified School District and the City of West Sacramento. The proposed agreement provides reimbursement of up to $6,692,229.00 for the three-year agreement period and shall not exceed reimbursement of $2,230,743.00 per fiscal year. The attached resolution shores up the budget appropriation to allow the City to spend up to the maximum annual reimbursement amount and revises the revenue budget to match the contract reimbursement total for FY 2024/25.
ATTACHMENTS
1. Agreement for Expanded Learning Program Services
2. Resolution 24-82
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Independent Contractor Agreement (Expanded Learning Program)
INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN
WASHINGTON UNIFIED SCHOOL DISTRICT
AND
CITY OF WEST SACRAMENTO
FOR
EXPANDED LEARNING PROGRAM SERVICES
THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) is made July 1, 2024 (“Effective Date”), by and between the WASHINGTON UNIFIED SCHOOL DISTRICT, a California public school district (“District”), and CITY OF WEST SACRAMENTO, (“Contractor”), herein referred to individually as “Party” and collectively as the “Parties.” The purpose of this contract. is to enable the WUSD and Contractor to retain a formal working relationship between the parties, based on the intent to meet the service delivery needs of the Expand Learning Programs / KidZone and Club West programs as described in the program plan, and to set forth the operative conditions which will govern this important partnership since the initiation of the ASES Grant in 2007.
RECITALS
WHEREAS, the California Department of Education (“CDE”) apportions state funding to local education agencies, including the District, to provide an Expanded Learning Opportunities Program (“ELO-P”), consisting of afterschool and summer school learning programs for students in grades TK through eighth grade, and focusing on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences; and
WHEREAS, the CDE additionally apportions state funding to local education agencies, including the District, to provide an After School Education and Safety (“ASES”) program that consists of after-school education and enrichment programs that are created through partnerships between school and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students; and WHEREAS, District has selected Contractor to deliver the services for operation of District’s ELO-P, pursuant to Education Code Section 46120, and ASES, in accordance with Education Code Section 8482-8484.65 (together, “ExLP”) at District’s school sites, as specified herein; and
WHEREAS, The purpose of this contract is to enable the District and Contractor to meet the service delivery needs of the Expand Learning Programs / KidZone and Club West programs, as described in the District’s ExLP Program Plan.
WHEREAS, the Parties now desire to enter into this Agreement to set forth the terms and conditions governing Contractor’s provision of ELO-P and ASES services.
NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the Parties agree as follows:
AGREEMENT
1. Services. Contractor shall provide services for the operation and administration of District’s ELO-P and ASES for after school, summer school, and intersession program 167
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Independent Contractor Agreement (Expanded Learning Program) (“Program”), as further described in Exhibit “A” attached hereto and made part of this Agreement (“Services”) at the school sites identified in Exhibit “B” (“School Sites”).
Use of the School Sites by Contractor to deliver the Services shall be subject to the terms and conditions within the attached Exhibit “C.”
2. Term. The term of this Agreement shall commence on July 1, 2024, and shall remain in effect for three (3) years, if not sooner terminated pursuant to the terms of this Agreement, and end on June 30, 2027 (“Term”).
3. Renewal. This Agreement may be renewed for two (2) additional one (1) year terms (“Renewed Terms”) upon the mutual written agreement of the Parties but in no event shall this Agreement’s Term and Renewed Terms collectively exceed a total of five (5) years. If either Party wishes to renew this Agreement, it shall notify the other Party in writing at least ninety (90) days before the expiration of the Term or applicable Renewed Term.
4. Compensation. District agrees to pay Contractor for providing the Services a total fee not to exceed Two Million, Two Hundred Thirty Thousand, Seven Hundred Forty-Three and 00/100 Dollars ($2,230,743.00) per fiscal year during the Term.
A. Compensation to Contractor will consist of state ASES Funding in the amount of $758,615.00 per fiscal year, and ELO-P funding in the amount of $1,472,128.00 per fiscal year (“ExLP Funding”) allocated by the District to Contractor for the Term. ExLP Funding may be used only to supplement, not supplant, funds otherwise expended for the Program. A minimum of eighty-five percent (85%) of ExLP Funding to be allocated by District must be used for the Services, materials/supplies, equipment, snacks, or similar provided directly to students.
A maximum of ten percent (10%) of ExLP Funding may be expended on administrative costs and five percent (5%) for indirect costs. Contractor’s expenditure of ExLP Funding shall be in accordance with all ASES and ELO-P funding and programmatic requirements, as set forth in Education Code, California Code of Regulations, and any and all CDE guidance. In the event there is inconsistency between requirements for ASES and ELO-P, Contractor shall comply with the requirement that is stricter.
B. Contractor understands and acknowledges that ExLP Funding, including its availability and its amount, is contingent on allocations from the CDE, and ExLP Funding allocated to Contractor shall be made subject to the availability and appropriation of ExLP Funding to District. The amount of ExLP Funding is subject to change at any time during the Term or any of the Renewed Terms. Should ExLP Funding for any reason be stopped, eliminated, or reduced, District will provide written notice to Contractor to cease providing the ExLP services up to either the (i) effective date of the notice, or (ii) the date indicated by District in the notice, within District’s discretion, and District will compensate Contractor for Services rendered up to the date therein indicated. In the alternative, District and Contractor may agree to a reduction of Services, memorialized in a written, signed amendment to this Agreement.
C. Contractor shall submit a quarterly, itemized invoice for each School Site, for the actual cost of Services completed or the portion of the Services for which payment 168
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Independent Contractor Agreement (Expanded Learning Program) is to be made, to the District's Accounts Payable Department, no later than ten (10) days following the last day of the quarter. Invoices shall itemized within categories of “Direct Student Costs,” “Administrative Costs,” “Indirect Costs”, each with their own subtotal. “Direct Student Costs” shall be itemized by Services performed and materials/supplies, equipment or snacks provided directly to students with description and number of students served. “Indirect Costs” and Administrative Costs” shall be separately itemized and described in the invoice and shall consist of operational costs that were not expended on Services provided directly to students, including without limitation any costs attributable to Site Coordinator’s compensation, human resources administrative cost, program staff salaries and benefits, mid-year and end of the year staff stipends, and other program related expenses and supplies. Incomplete or disputed invoices shall be returned to Contractor unpaid and for correction. Contractor shall provide any underlying documents supporting the expenses included in an invoice to District upon Districts request and within a reasonable time. Payment shall be made for all undisputed amounts based upon the delivery of the Services as determined by District within sixty (60) days after Contractor submits a correct and detailed invoice, and any supporting documents as requested, to the District.
D. Contractor shall provide to District with each quarterly invoice, or any additional information when otherwise requested by District, with the following reports for each School Site:
i) New and total student enrollment for each month of the quarter. ii) Actual daily attendance for each month of the quarter. iii) Weekly number of hours spent by Site Coordinator(s) at each of the School Sites.
5. Termination.
A. Termination for Convenience.
i) District shall have the right to terminate this Agreement, without liability on the part of District except as otherwise provided herein, by giving Contractor written notification at least forty-five (45) days prior to the effective date of the termination.
ii) Contractor shall have the right to terminate this Agreement, without liability on the part of Contractor except as otherwise provided herein, by giving District written notification at least one hundred twenty (120) days prior to the effective date of the termination.
iii) Neither Party shall be required to provide just cause for termination for convenience in the written notification.
B. Termination for Cause. Either Party may terminate this Agreement immediately after the expiration of any applicable cure period for cause. Cause shall include, without limitation the following and the Parties shall have the cure periods provided below:
Commented [DWK1]: Moved here from
Exhibit A.
Commented [DWK2]: District - This is a short
notice period for termination for convenience.
Because this contract is for ELO-P services,
which the District is required by law to make
available to students, recommend a longer notice
period in the event City terminates for
convenience and District needs to procure
another contractor.
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Independent Contractor Agreement (Expanded Learning Program) i) A Default or material violation of this Agreement by either Party if such violation shall continue for thirty (30) days after written notice is given by either Party to the other Party of such violation; or
ii) If, in the reasonable judgment of District, Contractor’s acts or omissions: (i) interfere with the educational programs or activities of the District or any school or class conducted at any of the School Sites; (ii) represent an immediate threat to the health, welfare or safety of District’s students, staff, or the public; (iii) violate applicable laws, codes, rules, regulations, or ordinances; (iv) subject or expose District and/or its Board of Education (“Board”) to liability to others for personal injury or property damage; or (v) unduly disrupt the residents in the surrounding neighborhood, then District shall have the right, in its sole discretion, to terminate this Agreement immediately, unless, at District’s sole option, Contractor cures such default within twenty-four (24) hours of notice of termination, or longer in District’s sole discretion; or
iii) Contractor is adjudged bankrupt, Contractor makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency.
iv) Reduction or elimination of ExLP Funding in accordance with Section 4 of this Agreement.
6. Program, Staffing and Background Verification.
A. Contractor represents that Contractor has the qualifications and ability to perform the Services in a professional manner, without the advice, control or supervision of the District in accordance with generally and currently accepted principles and practices of its profession for services to California school districts. Contractor is responsible for maintaining safety when delivering the services pursuant to this Agreement. Contractor, in the performance of this Agreement, shall be and act as an independent contractor with the sole authority for controlling and directing the performance of the details of the Services, District being interested only in the results obtained. Contractor represents that it is duly authorized to provide the Services, and at District request, Contractor shall provide copies of relevant license(s), permit(s), accreditation(s), and/or certification(s) to District. Contractor shall be solely responsible for obtaining all necessary permits, licenses, and approvals from any and all applicable State, local or other regulatory agencies related to the provision of Services. Contractor shall furnish, at its own expense, all labor, materials, equipment, supplies and other items necessary for the Services to be provided pursuant to this Agreement. Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any equipment used by Contractor or Contractor’s agents, personnel, employee(s), and/or subcontractor(s), even if such equipment is furnished, rented or loaned to Contractor by District.
B. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partner, or joint venture of District, and are not entitled to benefits of any kind or nature normally provided employees of District 170
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Independent Contractor Agreement (Expanded Learning Program) and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation. Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor's employees. Contractor shall be solely responsible for the hiring of all employees. Contractor shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its employees, staff, agents, volunteers, consultants, and/or subcontractors who may provide the Services.
C. Prior to commencement of Services, Contractor shall complete the Fingerprinting/Criminal background verification certificate attached hereto as Exhibit “F,” and shall be responsible for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements described in Education Code section 45125.1 or as otherwise may be required for the Services.
Contractor shall provide to the District written verification of compliance with the aforementioned fingerprinting and criminal background investigation requirements prior to each individual’s commencement of employment or participation in providing the Services. Contractor shall not allow any person for whom the District has not received satisfactory written verification of compliance to enter any of the School Sites for any purpose related to or arising out of this Agreement at any time that District pupils may be present or otherwise have contact with District pupils.
7. Hold Harmless/Indemnification. To the fullest extent permitted by California law, Contractor shall defend, indemnify, and hold harmless District, its Board and members of the Board, agents, representatives, officers, consultants, employees, trustees, and volunteers (the “Indemnified Parties”) from any and all losses, liabilities, claims, suits, damages, expenses, costs, recourses, penalties, fines, liabilities, and actions of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, directly or indirectly arising out of, connected with, or resulting from the negligent performance of this Agreement, Contractor’s negligent use of or negligent acts occurring during presence in, on, or about the School Sites, or from any activity, work, or thing done, permitted, or suffered by Contractor, its employees, volunteers, participants, partners, officers, students, clients, members, agents, contractors, customers, guests, attendees, invitees, staff, representatives, servants, concessionaires, invitees, or visitors in conjunction with the performance of this Agreement, including, but not limited to, personal or bodily injuries, illnesses, infectious diseases, or bacterial or viral infections, death, property damage, theft, or loss, or any non-compliance with any federal, state, or local laws, orders, regulations, or health and safety guidelines unless to the extent caused by the negligence or willful misconduct of the Indemnified Parties; and in case any action or proceeding be brought against District or the Indemnified Parties, Contractor, upon notice from District, shall defend the same at Contractor’s expense by counsel selected and approved in writing by District.
8. Insurance.
A. Commercial General Liability Insurance. Contractor shall, during the Term of this Agreement, maintain in force, a combined, single-limit liability commercial general insurance policy with a $2 million per occurrence and $4 million aggregate limit of liability for bodily injury and property damage, including fire damage ($500,000), medical expenses ($5,000) products and completed operations ($2 171
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Independent Contractor Agreement (Expanded Learning Program) million aggregate), and personal and advertising injury ($1 million). The District, its Board, officers, officials, employees, agents and volunteers shall be named as additional insureds at Contractor’s expense under such policy. Such policy shall provide for a thirty (30) day written notice to the District of any cancellation or reduction of coverage. Contractor agrees to provide District an original certificate of insurance evidencing this coverage in a form satisfactory to District upon execution of this Agreement, upon each policy renewal, and upon request of District during the Term of this Agreement.
B. Automobile Insurance. Contractor shall, during the Term of this Agreement, maintain in force a comprehensive auto liability policy with a $1 million combined single limit, naming District, its Board, employees, and agents, at Contractor’s expense, as additional insured under such policy. The policy shall provide for a thirty (30) day written notice to the District of any cancellation or reduction of coverage. Contractor agrees to provide District an original certificate of insurance evidencing this coverage, including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements, in a form satisfactory to District upon execution of this Agreement, upon each policy renewal, and upon request of District during the Term of this Agreement.
C. Workers’ Compensation and Employer’s Liability Insurance. During the Term of this Agreement, Contractor shall comply with all provisions of law applicable to Contractor with respect to obtaining and maintaining workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1 million per accident for bodily injury, illness, or disease, as certified by Contractor in the Workers’ Compensation Certification attached hereto as Exhibit “D.” Prior to commencement and any renewal of this Agreement, Contractor shall provide District, as evidence of this required coverage, a certificate in a form satisfactory to District on or before the commencement or renewal date, providing that insurance coverage shall not be canceled or reduced without thirty (30) days prior written notice to District.
D. Sexual Molestation and Abuse Insurance. Contractor shall, during the Term of this Agreement, maintain in force sexual molestation and abuse coverage with a $2 million per occurrence, $4 million aggregate limit of liability. The District, its Board, officers, officials, employees, agents and volunteers shall be named as additional insureds at Contractor’s expense under such policy. Such policy shall provide for a thirty (30) day written notice to the District of any cancellation or reduction of coverage. Contractor agrees to provide District an original certificate of insurance evidencing this coverage in a form satisfactory to District upon execution of this Agreement, upon each policy renewal, and upon request of District during the Term of this Agreement.
E. Property Insurance. Contractor acknowledges and understands that the insurance to be maintained by District on the School Sites will not insure any of Contractor’s equipment or personal property. Accordingly, Contractor shall, at its own expense, maintain in full force and effect an insurance policy on all of its equipment and personal property in, about, or on the School Sites. Said policy is to be for “All Risk” coverage insurance, at full replacement cost with no 172
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Independent Contractor Agreement (Expanded Learning Program) coinsurance penalty provision.
F. Other. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, District requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District. Each insurance policy required by this Agreement shall: (i) be placed with insurers authorized to conduct business in the State of California with a current A.M. Best’s rating of no less than A: VII; (ii) not be canceled, limited in scope of coverage or non-renewed until after thirty (30) days written notice has been given to District; and (iii) contain a clause waiving all rights of subrogation against District, its Board, members of the Board, and elective or appointive officers or employees, when acting within the scope of their employment or appointment. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. The Parties agree that any insurance maintained by District will apply in excess of, and not contribute with, insurance provided by the policies required by this Agreement. With respect to self-insured retentions, self-insured retentions must be declared to and approved by the District. At the option District, either: (i) the Contractor shall obtain coverage to reduce or eliminate such self-insured retentions as respects the District, its Board, its officers, officials, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or District. District reserves the right to modify the requirements of this Section at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. Cooperation with Other Occupants of the School Sites. It is understood and recognized by Contractor that the School Sites will be used by other parties, including District, and Contractor shall cooperate with the other parties in reaching amicable arrangements regarding matters of concern, such as use of common areas, security measures, and so forth.
10. Tuberculosis Risk Assessment/Testing and Immunizations. Contractor agrees to complete and submit to District the Tuberculosis Clearance Certification attached hereto as Exhibit “E,” and incorporated by this reference. Contractor agrees to have its employees and employees of its subcontractors submit to a K-12 Tuberculosis Risk Assessment Questionnaire and Certificate of Completion Form from the California Department of Public Health. A licensed healthcare provider, including registered nurses, must administer the assessment within 60 days of hire. If tuberculosis risk factors are identified, a TB test is required. Contractor shall also comply with the licensing requirements of California Health & Safety Code Section 1596.7995 by requiring that all Contractor's employees and employees of its subcontractors be immunized against measles, pertussis, and influenza, unless the individual presents a valid medical exemption. Contractor shall maintain written documentation that all employees have satisfied this requirement and shall make such records available, upon request of the Commented [DWK3]: Deletion is accepted.
This was intended to serve as a part of District's
COVID-19 required terms.
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Independent Contractor Agreement (Expanded Learning Program) District.
11. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service or electronic mail addressed as follows:
WASHINGTON UNIFIED SCHOOL DISTRICT
930 Westacre Road
West Sacramento, CA 95691
ATTN: Martina Guerra
Director ECE & After School Programs
[email protected]
CITY OF WEST SACRAMENTO
1110 West Capitol Avenue
West Sacramento, CA 95691
ATTN: Aaron Laurel,
City Manager
[email protected]
Any notice personally given or sent by electronic mail shall be effective upon receipt.
Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective three (3) calendar days after deposit in the United States mail.
12. Assignment. The Contractor shall not assign its rights, duties or privileges under this Agreement, without the written consent of the District. Any such attempt without District written consent shall be void.
13. Entire Agreement of Parties. This Agreement constitutes the entire agreement between the Parties regarding the Services described herein and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.
14. California Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California.
15. Attorneys’ Fees. In the event of any dispute under this Agreement, or the default by any Party of that Party’s obligations hereunder, then each Party shall be responsible for its own attorneys’ fees.
16. Venue. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the County of Yolo in which District’s administrative offices are located.
17. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
18. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.
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Independent Contractor Agreement (Expanded Learning Program)
19. Interpretation. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.
20. Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation thereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
21. Signature Authority. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.
22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of the actual original signature. All counterparts so executed shall constitute one Agreement binding all the Parties hereto.
23. Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.
24. Non-Discrimination. Contractor and its employees shall not discriminate against any person because of race, color, ancestry, national origin, religion, creed, age, mental or physical disability, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or military or veteran status.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age, mental or physical disability, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or military or veteran status. Contractor covenants to meet all requirements of the District pertaining to non-discrimination in employment. If Contractor is found in violation of the non-discrimination provision of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the conduct of its activities under this Agreement by the State of California Fair Employment Practices Commission or the equivalent federal agency or officer, it shall thereby be found in default of this Agreement. [Signature Page Follows]
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Independent Contractor Agreement (Expanded Learning Program) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.
Department Administrator:
WASHINGTON UNIFIED SCHOOL CITY OF WEST SACRAMENTO
DISTRICT
Date: __________________________ Date: __________________________ Signature: __________________________ Signature: __________________________ Monique Stovall, CBO Aaron Laurel, City Manager
Signature: __________________________
Jeffrey Mitchell, City Attorney
Signature: __________________________
Jennifer Cusmir, City Clerk
License No: __________________________ :
Employer Identification and/or Social
Address: 1110 West Capitol___________ Security Number
West Sacramento, CA 95691___
__________________________
Telephone: (916)617-4500 ___________
Facsimile: __________________________
E-Mail: [email protected]
______
Contractor’s state of residence: _____
States in which Contractor
is licensed to do business: _____
Type of Business Entity:
[RESERVED]
Individual
Sole Proprietorship
Partnership
Limited Partnership
Corporation, State: _____
____ Limited Liability Company
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Independent Contractor Agreement (Expanded Learning Program) Information regarding Contractor:
____ Other:
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “A”
SCOPE OF SERVICES
The Services provided by Contractor shall include and conform to the following specifications:
1. Program.
a. Contractor will administer, operate, and provide an ExLP to all unduplicated pupils, grades TK through eighth, afterschool and during intersession breaks for students at each of the School Site(s) indicated in Exhibit “B.” b. Contractor shall provide the Program in accordance with the following schedule:
i) After School – Monday through Friday, during the School Year (180 days), from dismissal to 6:00 PM.
ii) Intersession (Summer, Winter, Spring breaks) - Monday through Friday, up to forty (40) days, 7:30 AM to 5:00 PM, excluding City and school holidays.
c. Contractor shall maintain the goal to retain eighty-five percent (85%) or better daily average attendance at each School Site.
i) Target Attendance for Programming
• Afterschool Program: Based on ASES attendance target
• Intersession Program: 150 students
2. Contractor’s Responsibilities. Contractor shall provide or be responsible for the following:
a. Program staff to meet the 10:1 TK/Kindergarten ratio and 20:1 1st through 8th grade ratio requirement. To provide recreational, academic and enrichment program activities that emphasize positive youth development, life skills, and prosocial behaviors. b. Two (2) part-time Lead Program Leaders and one Senior Recreation Leader, five (5) days per week for the Afterschool Program on all days school is in session. c. Supervision of the personnel employed under this Agreement. The Recreation Supervisor, Recreation Coordinator and Recreation Manager will provide the supervision of Contractor’s personnel, and Contractor shall pay their salaries as a match to the ASES grant. The Recreation Coordinator and Recreation Supervisor will be responsible for coordinating all hiring, on-board training, and on-going professional development, as well as providing leadership for all program staff hired by Contractor and employed in the KidZone and Club West program. All terms of employment of said persons, including hours, wages, working conditions, discipline, hiring and discharging, or any other terms of employment or requirements of law, shall be made by Contractor. District shall have no right or authority over such persons or the terms of such employment, however, District will have input on the selection of the staff hired for this program.
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Independent Contractor Agreement (Expanded Learning Program) d. Maintaining evaluation data, attendance forms, and other relevant program documentation as needed by project; provide information to District as requested. e. General program coordination, including basic supply purchases, set-up, basic clean-up, and first aid.
f. Attend required project-sponsored training sessions and on-site program activities team meetings as appropriate.
g. Basic supplies to each School Site as needed for basic components of the Program, fiscal management of the Program at each School Site, billing District for program costs as required to maintain the objectives of the ASES grant. h. Submitting daily attendance in the electronic attendance system.
3. District’s Responsibilities. District shall provide or be responsible for the following:
a. Program priority over other providers of after school services with respect to use of classrooms, cafeteria space, playground and bathroom facilities and general operational supplies. Contractor’s use of the needed school facilities will include use of office equipment, and telephones and janitorial services provided by District during and after program.
b. A dedicated office space for Contractor’s administrative functions, including parent check in and out, and supply storage, etc.
c. Working collaboratively with Contractor to identify and meet needs of students served in the Program.
d. Maintain confidentiality of shared information in accordance with California Education Code.
e. Coordinate with Contractor’s Services with other agencies and services providers. f. Communicate student academic, social, and emotional needs for each student’s wellbeing.
g. District personnel to coordinate with Contractor to ensure alignment between inschool instruction and educational programs and educational and enrichment activities of Program.
h. Provide Professional Development through training to Contractor staff and conferences when budget permitting.
i. Provide each program a Teacher Coordinator for Program at each School Site, 4-6 hours each week, who will arrange trainings and meetings for teacher coordinators. j. A Program Director to manage fiscal responsibilities, attend meetings, trainings, and provide support to Contractor with implementing Program. k. Maintenance of the electronic attendance tracking system, Chrome Book/iPad, and equipment for the Program.
l. Instructional Aide tests, materials, and space for Contractor’s staff. m.Determine Program participant enrollment criteria and policy in compliance with California Education Code requirements. District will update Program and Goals Commented [DWK4]: Relocated to Section
4(C).
Commented [DWK5]: See new Section 4
regarding subcontracting, below.
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Independent Contractor Agreement (Expanded Learning Program) section of the ExLP Program Plan attached hereto as Exhibit “A-1”. District will be responsible for annual enrollment of the Program, and management of Program wait lists for each School Site.
4. Subcontracting. In the event that Contractor desires to subcontract for a portion of the Services with a community-based organization to provide direct services to students enrolled in the Program (such as instructional or enrichment activities), such subcontractor shall be jointly selected by Contractor and District to ensure educational and programmatic quality. Contractor shall enter into a written agreement for the subcontracted services, which written agreement shall require subcontractor to adhere to all requirements set forth in this Agreement, including without limitation, indemnification of the District, satisfaction of insurance requirements naming Contractor and District and its Board as additional insureds, completion of a fingerprint and background check certification with a listing of all employees or volunteers, and maintaining confidentiality of student records. All subcontracts shall be submitted to District before execution by Contractor for review and preapproval to ensure all applicable requirements of this Agreement are included, and insurance certificates and completed fingerprinting certificates shall be provided to District before commencement of subcontractor’s services.
5. Curriculum.
a. The Program shall be student-centered, results driven, include community partners, and complement, but not replicate, the learning activities in the regular school day.
Programs shall comply with Education Code Section 46120, all applicable CDE regulations and guidance and licensing laws. The Program activities shall focus on developing the academic, social, emotional, and physical needs and interests of children through hands-on and engaging learning experiences. b. The Programs provided by Contractor must address the following two components that should balance and complement each other and, together, provide integrated and age-appropriate Programs.
i) Education and Literacy Component. The Program must include an educational and literacy component to provide tutoring and/or homework assistance in one or more of the following areas: language arts, mathematics, history, social science, computer training, or science. This educational component must support the school’s core curriculum, state standards, and should be developed in collaboration with District’s school staff and program partners. ii) Educational Enrichment Component. In addition to the educational and literacy component, each Program must include an enrichment component, which may include, but need not be limited to: fine arts, recreation, physical fitness, career/technical education, and social emotional learning activities. Such activities might involve the arts, music, sports, recreation, career exploration activities, substance abuse prevention services, bully prevention activities, conflict resolution training, community service-learning, and other youth development activities based on student needs and interests.
6. Program Requirements.
Commented [DWK6]: Recommend attaching
the Program Plan as Exhibit "A-1" so that those
requirements become a part of the contract.
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Independent Contractor Agreement (Expanded Learning Program) a. Contractor will cooperate with the District's Special Education Department to determine the needs and services and provision thereof for children requiring additional support or services based on reasonable accommodations. b. Contractor shall follow the ExLP Program Plan for ASES and ELO-P that was submitted by the District to qualify for the ExLP Funding, and which are attached hereto as Exhibit “A-1”. The Parties may annually review the Program Plan each year of this Agreement, and every three (3) years (if Agreement is renewed) the ELO-P portion of the Program Plan shall be updated and approved by the District’s Board. c. The Program shall comply with the program requirements set forth in subdivision (b) of Education Code Section 46120, including that the Program shall include the following:
i) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
ii) For at least 30 non-schooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no less than nine hours of in-person expanded learning opportunities per day. Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
iii) Contractor and District will work cooperatively to establish an ELO-P schedule that complies with these requirements to complete the ELO-P schedule in the ELO-P Plan.
d. Every child attending the School Site(s) is eligible to participate in the Program, subject to program capacity. The Program may charge family fees provided that such fees shall be on a sliding scale that considers family income and ability to pay.
Fees shall be waived for children who are eligible for free or reduced-priced meals, for a child that is a homeless youth as defined by the federal McKinney-Vento Homeless Assistance Act (42 United States Code Section 11434a), or for a child who Contractor or District knows is in foster care.
e. Contractor shall cooperate with District in regards to any audit conducted pursuant to Education Code Section 41020 to determine compliance with the programmatic requirements of subdivision (b) of Section 46120. Contractor shall maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Contractor transacted under this Agreement. The Contractor shall retain these books, records, and systems of account during the Term of this Agreement and for five (5) years thereafter. Contractor shall Commented [DWK7]: Recommend attaching
the Program Plan as Exhibit "A-1" so that those
requirements become a part of the contract.
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Independent Contractor Agreement (Expanded Learning Program) permit the District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to this Agreement. Audit(s) may be performed at any time, provided that District shall give reasonable prior notice to Contractor and shall conduct audit(s) during Contractor’s normal business hours, unless Contractor otherwise consents.
7. Other Programmatic and Staffing Requirements.
a. Contractor shall employ a Site Leader at each School Site for a minimum of twentyfive (25) hours per week and who shall be present on the School Site for a minimum of eighty-five percent (85%) of the time funded by this Agreement. b. Contractor agrees that it will deliver the Services in a competent, safe, sanitary and efficient manner at least comparable to other well-managed operations of a similar type. Contractor shall comply with all legal obligations, as well as all local, state, and federal laws and regulations, in delivering the Services. Contractor represents that it is qualified to deliver the Services. Contractor shall be solely responsible for all aspects of the Program and Services, including the enrollment of students, the recruitment, employment, and training of employees, the payment of employment, income, sales, and the collection of fees. Contractor shall develop and observe security measures to protect children enrolled in the Program, including but not limited to emergency contact information, sign-in/sign-out procedures, and a visitor sign-in log, and otherwise as required by license and law. c. Contractor shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants, and/or subcontractors who may provide Services in conjunction with Contractor’s activities on the School Sites. d. Contractor shall at all times maintain the minimum staffing ratios required by law while delivering Services.
e. Contractor shall at all times retain active, qualified, competent, and experienced personnel to supervise Program participants and to represent and act for Contractor.
Contractor shall require its personnel to be properly dressed, clean, courteous, efficient, and neat in appearance at all times. Contractor shall not allow any person(s) in or about the School Sites to use offensive language and/or act in a boisterous or otherwise improper manner. Contractor shall maintain a close check over Contractor’s personnel to ensure the maintenance of a high standard of service to the public. Contractor shall replace any employee whose conduct is detrimental to the best interests of the public. Such employee shall be replaced pursuant to the following standards:
i) If, in the reasonable judgment of District, Contractor’s employee(s) represent an immediate threat to the health, welfare or safety of the children of the District, District’s students, staff, or the public, or if Contractor’s employee(s) acts or omissions violate applicable laws, codes, rules, regulations, or ordinances, or otherwise subject or expose District to liability to others, Contractor shall replace the employee(s) immediately and shall not employ said employee(s) with the Program Services or on the School Sites which are the subject of the Agreement.
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Independent Contractor Agreement (Expanded Learning Program) ii) If Contractor’s employee(s) engage in conduct or behavior which interferes with the educational program or activities of the District on the School Sites, unduly disrupts the residents of the surrounding neighborhood, or otherwise is detrimental to the best interest of the public, District may provide Contractor with a written statement of compliance describing the conduct or behavior complained of and the corrective action required to resolve the complaint. If, in the reasonable judgment of the District, the complaint has not been satisfactorily resolved within thirty (30) days of receipt by Contractor, the employee shall be replaced immediately and shall not be employed with the Program or on the School Sites which are the subject of the Agreement.
8. Confidentiality.
a. The Parties acknowledge that they may be exposed to confidential and proprietary information of the other including, without limitation, student records, curriculum and instructional materials, other technical information (including functional and technical specifications, designs, analysis, research, processes, computer programs, and methods), business information (including marketing, financial, and personnel information), intellectual property, trade secrets, and other information designated as proprietary or confidential expressly or by the circumstances in which it is provided (“Confidential Information”). Confidential Information does not include (i) information already known or independently developed by the Contractor, (ii) information in the public domain through no wrongful act, (iii) information received from a third party who was free to disclose it, or
(iv) information subject to disclosure pursuant to the California Public Records Act, court issued subpoena, or other applicable federal or state law. b. The Parties shall maintain the confidentiality of all Confidential Information received in the course of this Agreement and comply with all state and federal laws concerning the maintenance and disclosure of such Confidential Information. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement. c. Covenant Not to Disclose or Misuse Confidential Information. Each Party agrees that, with respect to the other Party’s Confidential Information, it shall not, without the other Party's prior written approval, use, disclose to third parties, alter, or remove the Confidential Information in a manner not expressly authorized by this Agreement except as approved in advance by the owner of the information, or as required to comply with federal or state laws or regulations, including without limitation, the California Public Records Act. Each Party shall use at least the same degree of care in safeguarding the other Party's Confidential Information as it uses in safeguarding its own confidential information.
d. Student Records. District may disclose to Contractor information from student education records as permitted by 34 C.F.R. Section 99.31, as Contractor has “a legitimate educational interest” in providing the Services for the District’s Program pursuant to this Agreement. Contractor shall be considered to be under the direct control of the District for the limited purpose of Contractor’s use and maintenance of student records in order to meet requirements of FERPA and California Education Code. Contractor shall comply with the relevant requirements of California Education 183
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Independent Contractor Agreement (Expanded Learning Program) Code section 49073.1, the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g), and all other applicable federal and state laws regarding the confidentiality of personally identifiable student information provided by the District.
Any release of information contained in child records provided by the District must be approved by the District. To protect the confidentiality of child records provided by the District, the Contractor will limit access to such records to those employees who reasonably need access to them in order to perform their responsibilities under this Agreement. Upon termination of this Agreement, Contractor shall return to the District all originals and/or copies of child records, in hard copy or electronic format, that it may access in performing Program Services.
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “A-1”
ExLP PROGRAM PLAN FOR ASES AND ELO-P
All ExLP Program Plans approved by the District’s Board during the Agreement’s Term and any Renewed Terms shall be incorporated into this Agreement as Exhibit “A-1” by this reference. Copies of the Program Plans are available from the District’s Expanded Learning Department or online at:
https://www.wusd.k12.ca.us/Departments/Educational-Services/Induction-Early-ChildhoodEd---Expanded-Learning/After-School-Education-and-Safety-Program---ASES/index.html. 185
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “B”
SCHOOL SITES
Contractor shall provide the after school portion of the Services at the School Sites identified below. Summer and intersession programs may be at one or two of the School Sites identified below, which will be mutually agreed on by District and Contractor based on need and staff availability.
1. Elkhorn Village
750 Cummins Way
West Sacramento, CA 95605
Principal: Jose Gutierrez
Email: [email protected]
Phone: 916.375.7670
2. Riverbank
1100 Carrie Street
West Sacramento, CA 95605
Principal: Kristin Rodriguez
Email: [email protected]
Phone: 916.375.7700
3. Westfield Village
508 Poplar Ave
West Sacramento, CA 95691
Principal: Shirley Ramirez
Email: [email protected]
Phone: 916.375.7720
4. Westmore Oaks
1504 Fallbrook Street
West Sacramento, CA 95691
Principal: Juan Salas
Email: [email protected]
Phone: 916.375.7730
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “C”
USE OF SCHOOL SITES
Use of School Sites by Contractor to deliver the Services shall be subject to the following terms and conditions:
1. Title to School Site. The Parties acknowledge that title to each of the School Sites is held by the District.
2. Classrooms, Storage.
A. At each of the School Site(s), School Site will designate and provide Contractor access to the required number of classrooms. Classrooms are subject to availability and the location of the Program is subject to change, within the sole discretion of the District or the School Site.
B. The School Site may designate storage space for Contractor’s materials and supplies to be used for the Program, within the School Site’s sole discretion and subject to availability of space. The location for storage is subject to change within the sole discretion of the District or the School Site.
C. District shall not be responsible for the security of Contractor’s personal property, including supplies and materials for the Program, and District shall not be responsible or liable for the loss, theft or damage of any Contractor’s personal property used, kept or stored at a School Site.
D. Contractor acknowledges and understands that Contractor will be delivering the Services at operating public school campuses. District shall have access to and use of any of the classrooms or storage areas during the times these areas are not used by Contractor for the Program, including use by third parties arranged by District. Contractor shall cooperate with District following its scheduled use so as not to interfere with the District’s or a third-party’s use. Entrance into any areas of the School Site other than those designated for Contractor’s use are prohibited unless a School Site provides written consent for use of such other areas.
3. Prohibited Uses and Restrictions.
A. The following uses and types of activities are prohibited on the School Sites:
(1) Any use or activity which involves the possession, serving, consumption, use, and/or sale of alcoholic beverages, illegal drugs, narcotics, intoxicants, marijuana or synthetic marijuana, tobacco products, including, without limitation, vaporized or ecigarettes, and/or other restricted substances; (2) Any use or activity which involves gambling and/or the conducting of games of chance; (3) Any use or activity which is inconsistent with the use of the School Sites for the Program Services expressly stated herein, the use of the School Sites for school purposes, or which otherwise interferes with school or District activities or the regular conduct of schoolwork; (4) Any use or activity which is discriminatory against any group or individual protected under local, state, or federal antidiscrimination laws or District policy; (5) Any use or activity that includes fighting, quarrelling, abusive language, or noise which may be offensive to other uses, activities, or the neighborhood; (6) Any use or activity for the commission of any crime or any act prohibited by law or District policy, nor shall the School Sites be used for any unlawful purpose; (7) Any use or activity 187
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Independent Contractor Agreement (Expanded Learning Program) which is inimical or contrary to public morals, good manners, taste and/or welfare or which is morally objectionable as unsuitable for a public educational facility; (8) Any use or activity which would, in the sole discretion of District, unduly disrupt the residents in the surrounding neighborhood; (9) Any use or activity which would, in the sole discretion of District, injure or damage the School Sites, school facilities, grounds, equipment, or other school or District property; (10) Any use or activity which may cause an increase in the existing rate of insurance upon the School Sites or cause the cancellation of any insurance policy covering the School Sites; (11) No animals of any kind are allowed on the School Sites except for certified service animals or unless otherwise required by law; (12) Firearms, including pellet guns, BB guns, or sling shots, and other weapons or explosive devices are prohibited on any District property, including the School Sites; and (13) Contractor shall not commit or suffer to be committed, any waste upon the School Sites, or place any harmful substances, whether solid, liquid or gaseous, in the plumbing, sewer, or storm water drainage systems of the School Sites.
B. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the School Sites except in trash containers designated for that purpose. Additionally, Contractor shall comply with all environmental and hazardous materials laws, and shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the School Sites.
As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government.
The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance which is: (i) defined as hazardous or extremely hazardous pursuant to Title 22 of the California Code of Regulations, Division 4.5, Chapter 11, Article 4, section 66261.30, et seq.; (ii) defined as “hazardous waste” pursuant to section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., or (iii) defined as a “hazardous substance” pursuant to section 10 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, et seq. As used herein, the term “hazardous materials law” means any statute, law, ordinance, or regulation of any governmental body or agency, including, without limitation, the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services, which regulates the use, storage, release, or disposal of any Hazardous Material.
C. When parking at any of the School Sites, Contractor and its participants, employees, agents, volunteers, licensees, and invitees must park in designated parking locations and drive on designated roadways. Under no circumstances shall Contractor or its participants, employees, agents, volunteers, licensees, and invitees drive or park on lawns, fields, pedestrian pathways, corridors, tracks, landscaping, courtyards, sidewalks, or any other areas not intended for vehicles. Parking in designated fire lanes is prohibited. Contractor shall be solely responsible for any and all property damage or other losses resulting from unauthorized use or parking of vehicles in prohibited areas on the School Sites by Contractor or its participants, employees, agents, volunteers, licensees, or invitees. District shall have no responsibility for the safety of the vehicles or their contents parked at the School Sites, and Contractor assumes the entire risk of lost and theft with respect to 188
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Independent Contractor Agreement (Expanded Learning Program) property placed at the School Sites by Contractor or on its behalf. 189
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “D”
WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides that every employer except the State shall secure the payment of compensation in one or more of the following ways:
❖ By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. ❖ By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to its employees.
Check only one of the boxes below.
□ I am aware of the provisions of Section
3700 of the 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 I will comply
with such provisions before commencing
the performance of the Services of this
Agreement.
□ I do not employ anyone in the manner
subject to the workers’ compensation laws
of California.
By:
Date:
Signature:
Print Name:
Title: ______________________________________
(In accordance with Article 5 – commencing at Section 1860, Chapter 1, part 7, Division 2 of the Labor Code, the above certificate must be signed and filed with the District prior to performing any Services under this Agreement.)
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “E”
TUBERCULOSIS CLEARANCE
The undersigned does hereby certify to the governing board of the District as follows:
I am a representative of the Contractor currently entering into this Agreement with the District and I am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of Contractor. Contractor’s responsibility for tuberculosis (“TB”) clearance extends to all of its employees, subcontractors, and employees of subcontractors coming into contact with District pupils regardless of
whether they are designated as employees or acting as independent contractors of the Contractor.
Contractor certifies that at least one of the following items applies to the Services that are the subject of the Agreement:
◻ The Contractor ensures that any person providing any portion of the Services with more than limited contact with District students (as determined by the District) has, at no cost to the District, completed a TB risk assessment within the past 60 days, and, if risk factors are identified, has received a TB test in compliance with the requirements of Education Code section 49406. A complete and accurate list of Contractor's employees and of all of its subcontractors' employees who may come in contact with District pupils during the course and scope of the Agreement is attached hereto; and/or
◻ Contractor shall only have limited or no contact (as determined by District) with District students at all times during the Term of this Agreement.
By:
Date:
Signature:
Print Name:
Title: ______________________________________
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Independent Contractor Agreement (Expanded Learning Program) EXHIBIT “F”
CRIMINAL BACKGROUND INVESTIGATION/FINGERPRINTING CERTIFICATION In accordance with the Department of Justice fingerprint and criminal background investigation requirements of Education Code section 45125.1 et seq.
I, the undersigned, certify to the Board of Trustees of the Washington Unified School District (“District”) that I am familiar with the facts herein certified, I am a representative of City of West Sacramento (“Contractor”), and I am duly authorized and qualified to execute this certificate on behalf of Contractor. I certify that Contractor has taken the following action with respect to the Independent Contractor Agreement (“Agreement”):
The box below must be checked with regard to Contractor and Contractor’s personnel (officers, principals, paid or unpaid employees, staff, agents, representatives, volunteers, consultants, contractors, vendors, subconsultants, and subcontractors of Contractor who will enter the District’s Property) (“Contractor’s Personnel”) and the arrangements verified by an authorized representative of District.
☐ Contractor, who is not a sole proprietor, has complied with the fingerprinting requirements of Education Code section 45125.1 with respect to all Contractor’s Personnel who may have contact with District pupils not under the immediate supervision of a pupil’s parent, guardian, or District employee during the Term of the Agreement (including any renewed term), and the California Department of Justice has determined (A) that none of Contractor’s Personnel have been convicted of a felony, as that term is defined in Education Code section 45122.1, and/or (B) that the prohibition does not apply to Contractor’s Personnel as provided by Education Code section 45125.1(e)(2) or (3). When Contractor performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to the District pursuant to the subsequent arrest service. A complete and accurate list of Contractor's Personnel who may come in contact with District pupils during the course and scope of the Agreement is attached hereto. Contractor’s Personnel shall not enter District’s property until the DOJ ascertains that that individual has not been convicted of a felony as defined in Government Code section 45122.1.
Contractor’s responsibility for background clearance extends to all of its employees, staff, volunteers, agents, representatives, and officers and all of its vendor’s, consultant’s, contractor’s, subconsultant’s, and subcontractor’s employees, staff, volunteers, agents, representatives, and officers coming into contact with District pupils regardless of whether they are designated as employees or acting as independent contractors of Contractor.
By signing below, I certify that the information contained on this certification form is accurate.
I understand that it is Contractor’s sole responsibility to maintain, update, and provide the District with current “Fingerprint and Criminal Background Check Certification” information for all Contractor’s Personnel throughout the duration of the Agreement. A list of Contractor’s Personnel is provided below.
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Independent Contractor Agreement (Expanded Learning Program) List of Contractor’s Personnel/Volunteers
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
Name/Company:
If further space is required for the list of personnel/volunteers, attach additional copies of this page.
By:
Date:
Signature:
Print Name:
Title: ______________________________________
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Attachment 2
RESOLUTION 24-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING BUDGET AMENDMENTS OF $177,722 FOR AN AMENDMENT TO THE AFTER SCHOOL ENRICHMENT & SAFETY (ASES) GRANT PROGRAM FOR FY 2024/2025 WHEREAS, the City Council adopted Resolution 23-57 on June 28, 2023 approving the biennial Operations and Maintenance budget for Fiscal Years 2023/24 and 2024/25; and WHEREAS, since 2007 KidZone/Club West has been a partnership between Washington Unified School District (WUSD) and the City to provide quality, enriching, after-school services to the youth of West Sacramento funded under Proposition 49; and WHEREAS, Washington Unified School District (WUSD) has requested to renew the partnership with the City of West Sacramento Department of Parks and Recreation to provide quality afterschool and intersession programs for the youth of West Sacramento for the next three school years 2024/2025, 2025/2026, and 2026/2027; and
WHEREAS, the Independent Contractor Agreement includes reimbursement to the City of up to $6,692,229.00 for the three year agreement period with an annual reimbursement not to exceed $2,230,743.00 per fiscal year; and
WHEREAS, amendments to the FY 2024/25 budget are needed to align the approved budget with the Independent Contractor Agreement with Washington Unified School District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the FY 2024/25 budget as listed below:
SOURCES:
$1,203,020.75 254-9551-4810 ASES Program Grant Reimbursement $1,203,020.75 TOTAL SOURCES
USES:
$1,046,769.75 254-9551-5112 ASES Program Extra Help Wage Increases $ 308,187.25 254-9551-5121 ASES Program Extra Help Medicare $1,354,957.00 TOTAL USES
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the West Sacramento City Council this 7th day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
194
Resolution 24-82
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
195
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 7, 2024 ITEM #10
SUBJECT:
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE JULY 17, 2024 REGULAR
MEETING OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT
SUCCESSOR AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with the draft minutes of the July 17, 2024 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the minutes of the July 17, 2024 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
BACKGROUND
N/A
ANALYSIS
N/A
Environmental Considerations
N/A
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Coordination and Review
N/A
Budget Cost Impact
N/A
ATTACHMENT
1) Draft Minutes of the July 17, 2024, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 196
Attachment 1
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JULY 17, 2024 MINUTES
The meeting was called to order at 7:02 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Dawnte Early; Council Member Quirina Orozco; Council Member Norma Alcala; Council Member Verna Sulpizio Hull GENERAL ADMINISTRATION FUNCTION – PART I
1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.
According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.
The City Council received public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
None.
CONSENT AGENDA
Approved the Consent Agenda.
MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
2. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 24-60 AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET; APPROVAL OF AMENDMENT 1 TO THE CONSTRUCTION CONTRACT WITH REM CONSTRUCTION INC.; AND APPROVAL OF
CONTRACT WITH HITOUCH BUSINESS SERVICES FOR OFFICE FURNITURE AND WORK
STATIONS FOR THE CORPORATION YARD PHASE II O&M TRANSITION PROJECT (CIP 51032)
Found that the environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019, and that the need for subsequent environmental review pursuant to Public 197
2 Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not been triggered; adopted Resolution 24-60 approving an amendment to the Capital Improvement Program (CIP) budget for the completion of the Corporation Yard Project Phase II O&M Transition project (CIP 51032); approved and authorize the City Manager, or designee, to execute Amendment No. 1 to the construction contract with REM Construction Inc.in the amount of $310,710.10 (with contingency of 89,289.90); approved and authorize the City Manager, or designee, to execute a Contract for Services with HiTouch Business Services (through Sourcewell Contract #012320-SCC) in the amount of $148,040.88; authorized the City Manager, or his designee, to execute contract amendments or change orders up to 15% (22,206.13) of the contract amendment value; authorized the City Manager, or designee, to execute nonsubstantive changes or modifications to the services contract, with approval from the City Attorney; and authorized the City Manager, or designee, to execute amendments to extend the term of the contract, if necessary.
3. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-8 PERTAINING
TO AN AMENDMENT TO THE TERM OF THE RIVER PARK DEVELOPMENT AGREEMENT Found that the amendment to the term of the existing River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and waived the second reading, read by title and number only, and adopted Ordinance 24-8 amending the term of the River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento.
4. Economic Development & Housing
CONSIDERATION OF AFFORDABLE HOUSING AGREEMENT WITH EVERGREEN APARTMENTS INC. FOR THE EVERGREEN APARTMENTS PROJECT
Found that the project is categorically exempt from CEQA pursuant to Class 5 (Section 15305 of the CEQA Guidelines) and Class 32 (In-fill Development Projects) Categorical Exemptions; approved the Affordable Housing Agreement with Evergreen Apartments Inc. in substantially the form included as Attachment 1 for the Evergreen Apartments project (Proposed Affordable Housing Agreement); and authorized the City Manager or designee to execute the Agreement and make non-substantive corrections or modifications with the approval of the City Attorney.
5. Public Works
CONSIDERATION OF USING CIP 22065 WATER TREATMENT PLANT VFD REPLACEMENT TO
AWARD TO INDUSTRIAL ELECTRICAL FOR THE PURCHASE AND INSTALLATION OF SIX
VARIABLE FREQUENCY DRIVES
Found that the purchase and installation of the variable frequency drives is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, and found that the determination represents the independent judgment of the City; authorized the use of CIP 22065 for Water Treatment Plant VFD Replacement to purchase and install six VFD’s from Industrial Electrical; approved and authorized to the City Manager or his designee to execute the service contract with Industrial Electrical for $205,235, for the purchase and installation of six variable frequency drives; authorized the City Manager or his designee to execute non-substantive changes or modifications to the Contract for Services, with approval from the City Attorney; authorized the City Manager or his designee to execute amendments or change orders up to 15% ($30,785) of the contract amount; and authorized the City Manager or his designee to execute amendments to extend the term of the contract.
6. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE MARCH 6, 2024, MARCH 20, 2024, APRIL 10, 2024, MAY 1, 2024, MAY 15, 2024, JUNE 5, 2024, AND JUNE 26, 2024 REGULAR 198
3 MEETINGS OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR
AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY
Approved the minutes of the March 6, 2024, March 20, 2024, April 10, 2024, May 1, 2024, May 15, 2024, June 5, 2024, and June 26, 2024 Regular Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
PUBLIC HEARINGS
7. Community Development
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-78, CERTIFYING THE LIST OF
PAST DUE CODE ENFORCEMENT CHARGES, DIRECTING THAT A LIEN BE PLACED ON THE
SUBJECT PROPERTIES, AND REQUESTING INCLUSION OF THESE CHARGES ON THE
SECURED TAX ROLL IN ORDER THAT THEY MAY BE COLLECTED IN THE SAME MANNER
AS GENERAL TAXES
Opened the public hearing to hear testimony on any objections to the past due Code Enforcement charges; and closed the public hearing and adopted Resolution 24-78 certifying the list of past due Code Enforcement charges, directing that a lien be placed on the subject properties and requesting inclusion of these charges on the secured tax roll in order that they may be collected in the same manner as general taxes.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
8. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-73 CONFIRMING THE
DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS FOR THE STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
Conducted a public hearing; approved the Storm Drain District No. 1 Report for Fiscal Year 2024- 2025 with budget and fee schedule; and adopted Resolution 24-73 confirming the diagram and assessment and ordering improvements (maintenance) to be made for the Storm Drain Maintenance District No. 1.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
9. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-72 CONFIRMING THE
DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS (MAINTENANCE) TO BE MADE FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 1
Conducted a public hearing; approved the Landscaping & Lighting District No. 1 Report for 2024- 2025 with budget and fee schedule; and adopted Resolution 24-72 confirming diagram and assessment, and ordering improvements (maintenance) to be made for the Landscaping and Lighting District No. 1.
MOTION: Orozco SECOND: Alcala
199
4 Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
10. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-80 CERTIFYING INCLUSION
OF DELINQUENT CHARGES AND PENALTIES FOR WATER, SEWER AND REFUSE SERVICES
ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE GENERAL TAXES AND
DIRECTING THAT A LIEN ALSO BE PLACED ON THE SUBJECT PROPERTIES Conducted a public hearing; and closed the public hearing and adopted Resolution 24-80 certifying inclusion of delinquent charges and penalties for water, sewer and refuse services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
11. Fire
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-24 CERTIFYING THE LIST OF
WEED ABATEMENT CHARGES, DIRECTING THAT A LIEN BE PLACED ON THE SUBJECT
PROPERTIES AND REQUESTING INCLUSION OF THESE CHARGES ON THE SECURED TAX
ROLL IN ORDER THAT THEY MAY BE COLLECTED IN THE SAME MANNER AS GENERAL TAXES
Opened the public hearing to receive public comment on the charges for mandatory weed abatement services initiated by the City; and adopted Resolution 24-24 certifying the list of weed abatement charges and direct the Yolo County Auditor to add the expenses to the individual tax rolls.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
12. City Manager's Office
CONSIDERATION OF RESOLUTION 24-75 APPROVING A RECOMMENDATION TO THE CALIFORNIA ADVISORY COMMITTEE ON GEOGRAPHIC NAMES TO RENAME SQ_ROAD AND SQ_COURT PURSUANT TO AB 2022
Approved Resolution 24-75, recommending to the California Advisory Committee on Geographic Names that Sq_ Road and Sq_ Court be renamed to Tebti Road and Tebti Court, respectively.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
REGULAR AGENDA
13. Finance
200
5 WORKSHOP ON FY 2024/25 MIDTERM BUDGET AND CONSIDERATION OF FIRST READING OF ORDINANCE 24-10 REGARDING PROPOSED AMENDMENTS TO TITLE 2 OF THE
MUNICIPAL CODE PERTAINING TO CITY COUNCIL COMPENSATION
Provided feedback and direction on the proposed midterm budget amendments for FY 2024/25; waived the first reading and read by title and number only, Ordinance 24-10 amending Title 2 (Administration and Personnel) of the Municipal Code regarding section 2.04.080 pertaining to City Council Compensation; and informed the audience that second reading and adoption of Ordinance 24-10 is tentatively scheduled for August 7, 2024.
MOTION: Alcala SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
14. City Manager's Office
CONSIDERATION OF APPOINTMENTS TO THE ENHANCED INFRASTRUCTURE FINANCING
DISTRICTS PUBLIC FINANCING AUTHORITY (EIFD PFA)
Conducted the annual nomination and appointment of the members of the EIFD PFA.
Reappointed Micah Perez and Alex Hirsch to serve as public members and confirmed the three appointed Councilmembers, Mayor Guerrero, Councilmember Alcala, and Councilmember Sulpizio Hull.
MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
GENERAL ADMINISTRATION FUNCTION – PART II
15. COUNCIL COMMUNICATIONS / ASSIGNMENTS
There were no communications or reports on Council assignments.
16. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.
B. City Manager Report
No report.
C. City Attorney Report
No report.
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
201
6 City Manager's Office
Request from Mayor Guerrero to issue a City Council proclamation for the 2024 CFCA Champion River City Tigers at the August 7, 2024 City Council meeting; The City Council was in consensus and a City Council proclamation for the 2024 CFCA Champion River City Tigers be issued at the August 7, 2024 City Council meeting, as requested by Mayor Guerrero.
F. Adjourn
Adjouned the meeting at 8:56 p.m.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 7, 2024.
Jennifer Cusmir, City Clerk
202
ATTACHMENT ONLY
THERE WILL BE NO STAFF REPORT
FOR THIS ITEM
ITEM # 12(E)
203
1 From: Guerrero, Martha <[email protected]> Sent: Tuesday, July 30, 2024 12:46 AM
To: Laurel, Aaron <[email protected]>
Cc: Berlin, Amanda <[email protected]>; Cusmir, Jennifer <[email protected]>; Drozd, Doug <[email protected]>; Robinson, Jon <[email protected]>
Subject: Agenda Item Request
Hello Aaron,
I have been receiving numerous concerns from PG&E ratepayers about costs significantly increasing. In exploring a remedy to provide relief I requested Pioneer Community Energy (PCE) to provide a presentation.
After listening to today's presentation from the PCEnergy team, the next step would be a feasibility assessment which requires a $15,000 investment to assess the potential to implement this program citywide.
I would like City Council to receive a presentation to consider options to either make the investment now for a 2026 implementation, or wait until after our strategic planning retreat to determine if this would be included as a council priority in our strategic plan. The latter would delay implementation by a year.
Pioneer Community Energy would be available at the first September council mtg to share more under public comments for the council agenda request.
Attached is the PowerPoint presentation we received and the PCE team would be willing to meet with council members prior to the Sept mtg for their consideration of this request.
Thank you, Martha
Martha Guerrero
MAYOR
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Telephone: 916-233-7395
204