Yountville City Council
December 16, 2022

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Special Meeting Packet
Friday, December 16, 2022
1:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Trippe
Council Member Robin McKee­Cant
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 p.m. and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers, located at 6550 Yount Street, Yountville, California, 94599.  However, due to the State of Emergency situation due to the COVID­19 Pandemic, the Town Council may elect to hold the meetings virtually over Zoom. To join the Town Council meeting via Zoom, visit www.townofyountville.com/towncouncil.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 p.m. and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers, located at 6550 Yount Street, Yountville, California, 94599.  However, due to the State of Emergency situation due to the COVID­19 Pandemic, the Town Council may elect to hold the meetings virtually over Zoom. To join the Town Council meeting via Zoom, visit www.townofyountville.com/towncouncil.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at www.townofyountville.com/meetings and clicking on HTML Agenda..

How to Watch the Meeting: The Town Council and other Town Bodies’ meetings can be watched live in two different ways:

Via the Town’s Swagit Streaming Media Player at www.townofyountville.com/livevideo.

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the following means:

Via email – Members of the public may submit public comments via the Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Via the online agenda listing – Members of the public can submit public comments via the “Speech Bubble” feature with all electronic agendas. To provide public comment through this feature, please visit www.townofyountville.com/meetings and click on the speech bubble icon found under the Options column for the desired meeting you want to leave a public comment. When leaving a public comment through this feature, please make sure to click “Next” after typing your comment. You will be prompted to enter your name and will need to click “Next” again for the comment to be fully submitted.

Any written testimony submitted will be provided to the Council Members electronically, may be read into the record and will become part of the meeting archive.

HOW TO JOIN ZOOM WEBINAR AND PROVIDE VERBAL PUBLIC COMMENT

1.  Members of the public can join the Town Council meeting via Zoom webinar. To attend a meeting, please register through the following link: www.townofyountville.com/specialmeeting.

2.  Joining the Zoom Webinar will allow you to provide LIVE Public Comment using AUDIO ONLY. No video. Please note Zoom Webinars are being recorded.

3.  To provide Public Comment on matters NOT listed on the Agenda at the beginning of the meeting, please use the Zoom RAISE HAND feature. Staff will verbally call upon you before unmuting  you to speak

4.  To provide Public Comment on matters listed on the Agenda, please use the RAISE HAND feature when the Mayor calls for Public Comment. Staff will verbally call upon you before unmuting  you to speak HOW TO APPEAL
Appeals: A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court. California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the public meeting.

1. CALL TO ORDER; CONVENE SPECIAL MEETING

2. ROLL CALL
3PLEDGEOFALLEGIANCE
Council at, or before, the public meeting.

1. CALL TO ORDER; CONVENE SPECIAL MEETING

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS ­ NONE

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3­minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor. However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech.

The Council may; however, briefly respond to statements made or questions posed by the public, ask for clarification from staff, refer the matter to staff, request staff to report back on the matter, or request staff to place the matter on a future agenda.

7. CONSENT CALENDAR
A. Adopt Resolution 22­4167 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

B. Adopt Resolution 22­4168 Approving Professional Services Contract with Caltest Analytical for Laboratory Testing Services for Fiscal Years 2022/23 in a not to exceed the amount of $75,000.

C. Adopt Resolution Number 22­4169 Authorizing the Procurement of Two All­Electric GEM Vehicles Via the Town's Cooperative Purchasing Ordinance in the Amount of $55,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP­0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

8. PRESENTATIONS ­ NONE

9. PUBLIC HEARINGS ­ NONE

10. ADMINISTRATIVE / REGULAR ITEMS ­ NONE

11. STAFF INFORMATIONAL REPORTS ­ NONE

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS ­ NONE

13. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov. Code, § 54957.) Title: Town Manager

14. ADJOURNMENT
Adjourn to the Town Council Special Meeting Tuesday, December 20, 2022 at 2:00 p.m. being held by remote teleconference.

I certify that a copy of this Town Council Agenda was posted at a location freely­accessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting.

I certify that a copy of this Town Council Agenda was posted at a location freely­accessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting. /s/Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: December 16, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Adopt Resolution 22-4167 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

DISCUSSION/BACKGROUND
The Legislature passed and the Governor signed AB 361, which allows modified teleconferencing under the Ralph M. Brown Act (Government Code section 54950 et seq.) (the “Brown Act”) if the Town Council makes certain findings: (1) at its first meeting using these procedures, (2) not later than 30 days after that meeting, and (3) every 30 days thereafter.

At its January 11, 2022 special meeting, the Town Council for itself and other legislative bodies of the Town made the necessary findings for using these procedures. The attached Resolution makes the necessary findings not later than 30 days after that meeting.

AB 361 allows teleconferencing if certain procedures are followed including: (1) notice of the meeting must be given as otherwise required by the Brown Act, (2) members of the public must be permitted to attend and participate by call-in option and/or internet-based service option, (3) if the meeting broadcast or access to participation is disrupted (e.g., by issues with technology), the Town cannot take further action on agenda items until public access to the meeting is restored, (4) the Town cannot require public comments be submitted in advance, but may still offer this option, and real-time participation by members of the public must be allowed, (5) if the Town provides a timed public comment period for an agenda item (e.g., 20 minutes per agenda item), it cannot close public comment until that time period has concluded, and (6) if the Town does not provide a timed public comment period for each agenda item, then it must allow a reasonable amount of time for members of the public to participate.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Continuing teleconference meetings increases public participation in meetings of the Town Council and other legislative bodies of the Town and ensures greater engagement by the community.

RECOMMENDATION
Adopt Resolution 22-4167 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

Town of Yountville
Resolution Number 22-4167

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE

TOWN COUNCIL AND ALL TOWN BOARDS, COMMISSIONS, AND COMMITTEES PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
Recitals
A. Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is holding the meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined, by majority vote, pursuant to option 2, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

B. The Town Council previously adopted Resolution Number 22-4096 finding that the requisite conditions exist for the Town to conduct teleconference meetings under California Government Code section 54953(e); and
C. Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and D. The Town Council and all Town Boards, Commissions and Committees desire to continue holding their public meetings by teleconference consistent with Government Code section 54953(e).

Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

2. The Town Council hereby finds and declares the following, as required by Government Code section 54953(e)(1):

Resolution Number 22-4167
A. The Town has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his authority under Government Code section 8625; and B. The state of emergency continues to directly impact the ability of members of the Town Council and all the Town’s Boards, Commissions and Committees to meet safely in person.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 16th day of December 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
274103.1
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: December 16, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Erica Teagarden, Management Analyst
SUBJECT:

Adopt Resolution 22-4168 Approving Professional Services Contract with Caltest Analytical for Laboratory Testing Services for Fiscal Years 2022/23 in a not to exceed the amount of $75,000.

DISCUSSION/BACKGROUND
The Town of Yountville operates under the regulations of a National Pollutant Discharge Elimination System (NPDES) Permit and a Domestic Drinking Water Permit both issued by the California State Water Resources Control Board. Utility Operators collect various types of samples related to the Wastewater Reclamation Facility and Drinking Water System to keep the Town in compliance with the permits listed above.

Caltest Analytical Laboratory is a third-party lab that specializes in water and wastewater sampling and analysis.

They provide the analysis of the samples collected by staff and process the analysis using their technology and resources in accordance with regulations.In addition to the work that is related to the sample analysis, Caltest Laboratory picks up the samples from the Wastewater Reclamation Facility seven days/week at no additional charge.

A significant benefit with utilizing Caltest is their close proximity to Yountville. This is especially important when Utility Operators have had to collect emergency samples after water main issues and depressurization of water mains has occurred.This is because a bacteriological sample must be taken before the water main can be safely put back into service. With the quick turn around time the Town can minimize the water outage and get safe water service restored to customers as quickly as possible.

Municipal Code 3.32.520 states that The Town Manager may approve professional service contract up to and including $45,000.00. The Town Council shall approve professional or special service contracts greater than $45,000.00. Because the cost of the contract exceeds the Town Manager’s signing authority, Council approval is required.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? 61-4505-4210 and 62-4515-4210
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Utilizing a third party who has the necessary resources to provide lab analysis is fiscally responsible, while also meeting the regulatory requirements.

RECOMMENDATION
Adopt Resolution 22-4168 Approving Professional Services Contract with Caltest Analytical for Laboratory Testing Services for Fiscal Years 2022/23 in a not to exceed the amount of $75,000.

Town of Yountville
Resolution Number 22-4168

APPROVING PROFESSIONAL SERVICES CONTRACT WITH CALTEST ANALYTICAL FOR LABORATORY TESTING SERVICES FOR FISCAL YEARS 2022/23 IN A NOT TO EXCEED AMOUNT OF $75,000.

Recitals
A. The Town of Yountville operates under the regulations of a National Pollutant Discharge Elimination System (NPDES) Permit and a Domestic Drinking Water Permit both issued by the California State Water Resources Control Board.

B. Caltest Analytical Laboratory is a third-party lab that specializes in water and wastewater sampling and analysis. They provide the analysis of the samples collected by staff and process the analysis sing their technology and resources in accordance with regulations.

C. Caltest has provided analysis for the Town over the past.

D. Municipal Code 3.32.520 states that the Town Manager may approve professional service contracts up to and including $45,000.00. The Town Council shall approve professional or special service contracts greater than $45,000.00. Because the cost of the contract exceeds the Town Manager’s signing authority, Council approval is required.

Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

1. That the Agreement between the Town of Yountville and Caltest Analytical, attached hereto and made a part hereof, is hereby approved.

2. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 16th day of December 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
PSA #: _______________
Professional Services Agreement – Consultant Services

(Approved for Use March 24, 2021)
254516.2
254516.v4

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(Town of Yountville / _________________)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Town of Yountville, a California municipal corporation (“Town”), and ______________________, a ____________________________ (“Consultant”).

2. RECITALS

2.1. Town has determined that it requires the following professional services from a consultant:____________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, Town Council members, or employees of Town which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, Town and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________ proposal to Town attached hereto as Exhibit A and incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is ___________________________. The Agreement Administrator shall be the principal point of contact at the Town for this project. All services under this 2022-779 Caltest Analytical Laboratory Caltest Analytical Laboratory California Corporation Staff to provide third party sample results for regulatory compliance purposes. 06/01/2022 Sandralyn Luna Provide water and wastewater analysis of samples collected by Town PSA #: _______________
Professional Services Agreement – Consultant Services

(Approved for Use August 2, 2022)
254516.2
254516.v4
Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. Town reserves the right to change this designation upon written notice to Consultant.

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by Town under this Agreement. The Maximum Amount under this Agreement is ____________________ Dollars ($_______________).

3.5. “Commencement Date”:________.

3.6. “Termination Date”: _______

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 16 (“Termination”) below.

Consultant may request extensions of time to perform the services required hereunder.

Such extensions shall be effective if authorized in advance by Town in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services.

Town shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with Town. In performing services under this Agreement, Consultant shall coordinate all contact with Town through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

Seventy Five Thousand 75,000.00 07/01/2022 06/30/2023
PSA #: _______________
Professional Services Agreement – Consultant Services

(Approved for Use August 2, 2022)
254516.2
254516.v4

5.4. Business License. Consultant shall obtain and maintain in force a Town business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to Town. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, Town may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. __________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without Town’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the Town that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. If Town and Consultant cannot agree as to the substitution of key personnel, Town may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

Jeff White
PSA #: _______________
Professional Services Agreement – Consultant Services

(Approved for Use August 2, 2022)
254516.2
254516.v4

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of Town. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of Town, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to Town for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. Town shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved markup as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. Town shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. Town agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by Town in advance.

7.2. Invoices. Consultant shall submit to Town an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant PSA #: _______________
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to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. Town shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the Town through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the Town.

7.6. Town Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Town is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, Town shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the Town, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of Town without restriction or limitation upon its use or dissemination by Town except as provided by law. Consultant PSA #: _______________
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may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to Town, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Town or otherwise to act on behalf of Town as an agent. Neither Town nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of Town.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the Town as an employer. Consultant shall not be entitled to any benefits. Town makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. 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 CalPERS to be eligible for enrollment in CalPERS as an employee of the Town, Consultant shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for CalPERS 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 Town.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “Town” shall include Town, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify Town. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend Town from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or PSA #: _______________
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in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify Town for such loss or damage as is caused by the sole active negligence or willful misconduct of the Town.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of Town’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The Town may request a deposit for defense costs from Consultant with respect to a claim. If the Town requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to Town.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. Town does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the Town shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement. A category of risk and the applicable insurance requirements will be determined on a “per consultant” basis, considering the particular work to be done by the consultant and the interrelationship of that work to other work being conducted by the Consultant.

PSA #: _______________
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12.2. Documentation of Insurance. Town will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with Town:
• Certificate of Insurance, indicating companies acceptable to Town, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: [insert project name] ___________________________ • Documentation of Best’s rating acceptable to the Town. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per claim, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $2,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the Town as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

Water &WW testing
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12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage shall include contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable. The General Liability policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include all vehicles used in connection with the performance of this Agreement, including owned, non-owned, and hired automobiles and trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. Coverage shall be continued for three years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

An employee of the Town signing this Agreement may, in his or her sole discretion, waive the requirement for Professional Liability Insurance by initialing here:

Initials: _________________
Name: __________________

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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12.9. Additional Insured Endorsements. The Town, its Town Council, Commissions, officers, and employees of Yountville must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. The Town must be named as an additional insured for Auto Insurance policies for ongoing operations. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the Town, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, Town has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the Town, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.

Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage.

Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: Town of Yountville, Attn:
_________________________6550 Yount Street, Yountville, CA 94599.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to Town and be endorsed using Insurance Services office form CG 20 10 (or equivalent) to provide that Town and its officers, employees, and agents shall be additional insureds under such policies.

Any insurance or self-insurance maintained by Town and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

Erica Teagarden
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12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the Town. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to Town. Consultant shall report to the Town, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the Town. The Town may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, Town must approve all such amounts prior to execution of this Agreement.

Town has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to Town’s approval.

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify Town under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement as well as the early termination of this Agreement.

13. MUTUAL COOPERATION

13.1. Town Cooperation in Performance. Town shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against Town relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that Town may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and Town’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to Town If to Consultant
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Name: ___________________________
Address: _________________________
Address:_________________________
Telephone: ________________________
Facsimile: ________________________
Email: _______________________________
Name: _________________________
Town of Yountville
Department/Division:______________
6550 Yount St.

Yountville, CA 94599
Telephone: (707) 944-8851
Facsimile: (707) 944-9619
Email: ________________________
With courtesy copy to:

Gary B. Bell
Yountville Town Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Dr., Ste. 140
Grass Valley, CA 95945-5091
Telephone: (530) 432-7357

15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.11 (Records), Section 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), Section

12.8 (Claims-Made Policies), Section 13.2 (Consultant Cooperation in Defense of Claims), and Section 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. Town Termination. Town may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All Town data, documents, objects, materials or other tangible things shall be returned to Town upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The Town shall 1885 North Kelly Rd Napa, CA 94558 707-258-4000 [email protected] Erica Teagarden Caltest Analytical Laboratory Public Works PSA #: _______________
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have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. Town retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. In the event of any material discrepancy between the express provisions of this Agreement and the exhibits of this Agreement, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between Town and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by Town and Consultant.

17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

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18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by Town. Town shall grant such consent if disclosure is legally required. All Town data shall be returned to Town upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the Town’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer, or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without Town’s prior written consent, and any attempt to do so shall be void and of no effect. Town shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant PSA #: _______________
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agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by Town or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by Town or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in Town’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.

18.12. Venue. The venue for any litigation shall be the Superior Court of California for the County of Napa. Consultant hereby consents to jurisdiction therein for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties further agree that this Agreement may be transmitted by facsimile, electronic mail (email), or other electronic means and that the production or reproduction of signatures by facsimile, electronic mail (email), or other electronic means shall be treated as binding as if originals thereof.

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “Town”
Town of Yountville
By:________________________________
Signature_________________________
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
__________________________
By:________________________________
Signature __________________________
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

Delete this Attest signature if less than $45,000 and not requiring Council approval.

By:__________________________________
Eddy Gomez, Town Clerk
Date:________________________
Approved as to form:

By:__________________________________
Gary B. Bell, Town Attorney
Date:________________________
Quotation
Profile 298527 - QUOTE 2019-2020
Date 6/1/2022
Customer Jeff White
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Laboratory Sandralyn Luna
Caltest Analytical Laboratory
1885 North Kelly Road
Napa, CA 94558
Phone Phone (707)258-4000
Item
Analysis
Code Description TAT Price
Unit
Qty Price
Extended
Matrix
1 DW Drinking
Water
$511.65 1 $511.65
524.2.THM 524.2 THMs 10 $145.35
GENPHYS General Physical 10 $133.95
HAA Haloacetic acids (Subcontracted) 10 $144.00
HARD.TITR Hardness, Titration 10 $40.85
P/A Coliform, Total & E.Coli (P/A) 10 $47.50
2 W Water $1,588.70 1 $1,588.70
BIOASSAY Bioassay (Subcontracted) 10 $880.00
BOD.COD Biochemical Oxygen Demand
(BOD)
10 $76.95
CU2008CM.W Copper, Total, ICPMS-CM
Analysis
10 $39.90
E.COLI E. Coli 10 $62.70
HG1631.W Mercury, Trace Level, Total 10 $104.50
ICPMS.PREP Digestion for ICP-MS 10 $30.40
MPN.T15.W Total Coliform - 15 Tube MPN 10 $76.95
NH3.W Ammonia as Nitrogen (NH3-N) 10 $48.45
OG.HC.W Oil & Grease, Hydrocarbons 10 $118.75
OG.W Oil & Grease, Total 10 $109.25
TSS Solids, Total Suspended (TSS) 10 $40.85
Total $2,100.35
Notes
Valid from July 1, 2022 through June 30, 2023
Terms
Prices reflect a 5% discount.

Wednesday, June 01 2022 4:08PM Page 1 of 2
Quotation
Profile 298527 - QUOTE 2019-2020
Date 6/1/2022
Customer Jeff White
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Laboratory Sandralyn Luna
Caltest Analytical Laboratory
1885 North Kelly Road
Napa, CA 94558
Phone Phone (707)258-4000
Jeff White
Accepted by:

Signed
Name:

Title:

Date:

Wednesday, June 01 2022 4:08PM Page 2 of 2
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: December 16, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution Number 22-4169 Authorizing the Procurement of Two All-Electric GEM Vehicles Via the Town's Cooperative Purchasing Ordinance in the Amount of $55,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP-0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

DISCUSSION/BACKGROUND
At the October 18, 2022, Council meeting, Town Council directed staff to utilize $200,000 of the unassigned General Fund Balance for the purchase of electric vehicle charging stations and electric fleet vehicles. With this direction, staff allocated the additional $200,000 into Capital Project CP-0028 intended for the installation and purchase of electric vehicle charging stations and electric fleet vehicles. The Town’s Capital Improvement Program budget incorporates the Town’s goal to replace traditional vehicles over time with electric vehicles and contains capital improvement projects for the purchase of additional electric vehicles and installation of electric vehicle charging stations in Town.

The Town of Yountville does not currently own any electric vehicles. The current vehicle that is considered the primary use vehicle for Public Works administration staff is a 2008 Chevy Silverado light-duty pickup truck. This truck is used for field visits, trips to the Town Corporation Yard and pump station, and trips out of Town. To move forward with zero emission and sustainability goals, Public Works would like to purchase two electric GEM electric motorcar vehicles for staff use in Town that would meet the needs of multiple staff and departments.

The GEM E-4 vehicle is capable of seating 4 people. This is ideal for site visits where multiple staff or departments are required. The GEM Elxd can sit two people but is also equipped with a truck bed. This will be useful for collecting barricades or miscellaneous debris, collecting trash bags from the public trash receptacles, measuring wheels, roadside signs, meters, posts and assisting with public events. The new vehicles will reduce the gas emissions released at stops, idling when doing field stops within Town and reduce the need for staff to use traditional gasoline-powered vehicles.

The GEM E-4 vehicle is quoted at a price of $23,607.00 pre-tax and the GEM Elxd is quoted at a price of $25,444.00 pre-tax. The total estimated amount for both vehicles including tax is $55,000.00. The unused fund balance will remain available for the procurement of electric vehicle charging stations and additional electric fleet purchases.

The proposed electric vehicle purchase is via the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.200, Cooperative purchasing with other agencies. For the Town’s purposes, we are purchasing the vehicles through Sourcewell. Sourcewell is authorized to provide competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Using the allocated funds for vehicle replacement and charging stations ensures that the Town’s is meeting its zero emission and sustainability goals in an appropriate timeframe exhibiting responsible fiscal policy while providing the necessary zero-emissions equipment for staff to deliver municipal services while maintaining Town infrastructure.

RECOMMENDATION
Adopt Resolution Number 22-4169 Authorizing the Procurement of Two All-Electric GEM Vehicles Via the Town's Cooperative Purchasing Ordinance in the Amount of $55,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP-0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

Town of Yountville
Resolution Number 22-4169

AUTHORIZING THE PROCUREMENT OF TWO ALL-ELECTRIC GEM VEHICLES VIA

THE TOWN'S COOPERATIVE PURCHASING ORDINANCE IN THE AMOUNT OF $55,000 WITH CAPITAL FUND 50 IDENTIFIED IN THE CURRENT CAPITAL IMPROVEMENT PLAN (PROJECT CP-0028) AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT UP TO THAT AMOUNT.

Recitals
A. At the October 18, 2022, Council meeting, Town Council directed staff to utilize $200,000 of the unassigned General Fund Balance for the purchase of electric vehicle charging stations and electric fleet vehicles. With this direction ,staff allocated the additional $200,000 into Capital Project CP-0028 intended for the installation and purchase of electric vehicle charging stations and electric fleet vehicles.

B. The Town’s Capital Improvement Program budget incorporates the Town’s goal to replace traditional vehicles over time with electric vehicles and contains capital improvement projects for the purchase of additional electric vehicles and installation of electric vehicle charging stations in Town.

C. The Town of Yountville does not currently own any electric vehicles. The GEM E-4 vehicle is quoted at a price of $23,607.00 pre-tax and the GEM Elxd is quoted at a price of $25,444.00 pre-tax. The total requested amount for both vehicles is $55,000.00.

D. The proposed electric vehicle purchase is via the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.200, Cooperative purchasing with other agencies. For the Town’s purposes we are purchasing the vehicles through Sourcewell. Sourcewell is authorized to provide competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies.

Now therefore, the Town Council of the Town of Yountville does resolve as follows:

1. Using the allocated funds for vehicle replacement and charging stations ensures that the Town is meeting its zzero-emissionand sustainability goals.

2. There are two GEM electric vehicles available for purchase with tax for $55,000.00, the monies to purchase are available in Fund 50.

3. The proposed purchase is via the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.200, Cooperative purchasing with other agencies where the Town is authorized to “piggyback” onto an existing written purchase contract.

4. The Town manager is authorized to sign the contract up to the purchase amount.

5. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

Resolution Number 22-4169
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 16th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk