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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 26, 2013
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
City Council Regular Session: 6:00 p.m.
City Council / Planning Commission During Recess of the City
Special Joint Meeting – Eagle Ranch Council Regular Session
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O’Malley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
PRESENTATION:
1. Proclamation for “World Spay Day”
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.)
RECESS: The Mayor will call a recess for the City Council / Planning Commission
Joint Special Meeting on Eagle Ranch
RECONVENE: The Mayor will reconvene the City Council at the conclusion of the
City Council / Planning Commission Joint Special Meeting
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. Historic City Hall Project Bid Award: ACH-15 Landscape / Hardscape
Fiscal Impact: $529,010.40 in budgeted City Hall Project Funds including
funding from the 2010 bond issue.
Recommendations: Council:
1. Award the bid in the amount of $529,010.40 for the ACH-15
Landscape / Hardscape services for the Historic City Hall Project to G.
Sosa Construction, Inc.; and,
2. Authorize the City Manager to execute a contract with G. Sosa
Construction, Inc. in the amount of $ 529,010.40 for the ACH-15
Landscape / Hardscape services for the Historic City Hall Project; and,
3. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Administrative Services]
2. California Cultural and Historical Endowment (CCHE) Grant Agreement
Fiscal Impact: Increased grant revenues in the amount of $28,850 for
fire/life safety, code, and ADA required upgrades of Atascadero’s Historic
City Hall.
Recommendations: Council:
1. Adopt Draft Resolution approving the grant agreement with California
Cultural and Historical Endowment for the Historic City Hall Project;
and,
2. Authorize the Administrative Services Director to execute the grant
agreement. [Administrative Services]
3. Amendment to Planning Commission Terms - Second Reading of
Ordinance
Fiscal Impact: None.
Recommendation: Council adopt on second reading, by title only, the
Draft Ordinance, amending Section 2-9.02 of the Atascadero Municipal
Code relating to the appointment of Planning Commission Members. [City
Manager]
4. Information Technology Consolidation and Simplification Plan
Fiscal Impact: The total fiscal impact is the appropriation of $151,000 in
Technology Replacement Funds.
Recommendations: Council:
1. Authorize the Administrative Services Director to appropriate
$151,000 in Technology Replacement Funds for the Technology
Consolidation and Simplification Plan; and,
2. Authorize the purchase of $133,258.27 in equipment from Helixstorm
for the Technology Consolidation and Simplification Plan. [City
Manager]
5. Wastewater Master Plan Update Professional Engineering Services
Contract Award (Contract for Professional Services)
Fiscal Impact: $118,485.00 of budgeted Wastewater funds.
Recommendation: Council authorize the City Manager to execute a
contract with Michael K. Nunley and Associates for professional
engineering services to update the City’s Wastewater and Collection
System Master Plans for the amount of $118,485.00. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
B. PUBLIC HEARINGS:
1. Proposed Aggressive Animal Ordinance
Ex Parte Communications:
Fiscal Impact: None.
Recommendation: Council introduce for first reading by title only, the
Draft Ordinance adding Section 4-1.121 to Chapter 1 of Title 4 of the
Atascadero Municipal Code, creating an infraction offense for owners of
menacing and aggressive animals [Police]
C. MANAGEMENT REPORTS: None.
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities – Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office .
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the February 26, 2013 Regular Session of the Atascadero City Council was
posted on February 19, 2013, at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 19th day of February, 2013, at Atascadero, California.
___________________________________
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback.
Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at
www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more
information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office .
In compliance with the Americans with Disabilities Ac t, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s atte ntion. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digit al presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A - 1
DATE: 02/26/13
Atascadero City Council
Staff Report – Administrative Services
Historic City Hall Project Bid Award:
ACH-15 Landscape / Hardscape
RECOMMENDATIONS:
Council:
1. Award the bid in the amount of $529,010.40 for the ACH-15 Landscape /
Hardscape services for the Historic City Hall Project to G. Sosa Construction,
Inc.; and,
2. Authorize the City Man ager to execute a contract with G. Sosa Construction, Inc.
in the amount of $ 529,010.40 for the ACH-15 Landscape / Hardscape services
for the Historic City Hall Project; and,
3. Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the project.
DISCUSSION:
Project. Landscape and hardscape restoration of the Historic City Hall building grounds
is an important component of the Project. The grounds surrounding the building will
contribute to the beauty of the newly restored structure and will be the first thing that
tourists and residents will see.
The Historic City Hall is on the National Registry of Historic Buildings and is subject to
the State Historic Building Code (SHBC). The SHBC requires a higher standard with
respect to construction methods, materials and appearance standards. The project
architect is charged with maintaining these high standards and providing overall
attention to detail during the design and construction process to ensure the appearance
of the building, grounds, and frontage improvements are consistent with the hi storic
nature of the building.
In that capacity, the architect recommended that the sidewalk color, paver materials and
color, landscaping and street lighting around the frontage of the building be modified
ITEM NUMBER: A - 1
DATE: 02/26/13
from the otherwise required Downtown Revitalization Plan standards. Using modified
standards, the look of the grounds would more closely mimic the details of the restored
building. The Council approved these modifications to the Downtown Streetscape
Standards at the regular meeting on November 13, 2 012.
The work involved in this contract using the modified standards will consist of all labor,
materials, and equipment to install all new curb, gutter, sidewalk, paving and
appurtenances as depicted to be constructed in the public right of way as well as all on
site work, hardscape, landscaping and irrigation systems on site.
Bid Award. This bid package was released for bidding on December 21, 2012. It was
posted on the City’s web site, in the Atascadero News, and in ten plan rooms. Fifteen
contractors attended the mandatory pre-bid job walk-through that as held on January
16, 2013 at 1:00 pm. Out of those firms, five submitted bids. All of the firms that
submitted bids were local.
The bids were opened on February 7, 2013, at 2:00 p .m. G. Sosa Construction, Inc.,
out of Santa Maria, was the lowest responsive bidder with a bid of $ 529,010.40. This is
the same contractor that successfully completed the Streetscape 3 Project, which
included the decorative bridge railings along El Camino Real.
Contractor Package budget Package bid
G. Sosa Construction, Inc.
$ 648,380.00
$ 529,010.40
The majority of this work will fall under the “City Funded” category, meaning it will be
funded with bond proceeds from the 2010 Bond Issue.
FISCAL IMPACT:
The fiscal impact of this award is $529,010.40 in budgeted City Hall Project Funds
including funding from the 2010 bond issue.
The current projected uses and sources of funds for the Project are as follows:
ITEM NUMBER: A - 1
DATE: 02/26/13
Architecture and engineering 5,115,050$
Construction costs:
ACH-2 Penthouse Demolition and Hazardous
Materials Abatement (final costs)146,200
ACH-3 Basement Wall and Floor Demolition (final)179,660 ACH-4 Basement Electrical Demolition and
Temporary Power Installation (estimated final
costs)71,010
ACH-5 Foundation Structural Stabilization (final
costs)3,840,350
ACH-8 Historic Repair & Rehabilitation (bid +
change orders to date)11,757,500
ACH-11 Structural Steel and Miscellaneous
Metals (bid + change orders to date)443,940
ACH-12 Rough Carpentry (bid + change orders to date)324,250
ACH-15 Landscape/Hardscape 529,010
ACH-16 Elevator (bid + change orders to date)273,900
ACH-17 Fire Protection (bid + change orders to date)247,400
ACH-18 Plumbing (bid + change orders to date)671,910
ACH-19 Heating, Ventilation and Air
Conditioning (bid + change orders to date)837,680
ACH-20 Electrical (bid + change orders to date)1,015,370
Remaining bid packages 225,000
Total construction costs 20,563,180
3,642,003
Pre-Construction activity 58,165
Deputy Inspection Services (awarded 1/11/11) 386,991
Hazardous Materials Investigation, Design
and Monitoring (Phase 1 awarded 3/23/10;
Phase II awarded 1/11/11; change order
awarded 1/10/12) 199,382
Other 874,882
Total testing, inpection, permitting and
construction support 1,519,420
Contingency remaining 2,902,056
TOTAL PROJECTED FUNDING USES 33,741,709$
Awarded FEMA /CAlEMA funding 15,982,955$
Expected FEMA/ CalEMA funding 3,408,945
California Cultural Historic Endowment Grant 2,000,000
Redevelopment 2010 Bond Funds 13,000,000
TOTAL PROJECTED FUNDING SOURCES 34,391,900$
FUNDING SURPLUS 650,191$
PROJECTED FUNDING USES
Construction management (Phase 1 awarded 4/27/10, and
Phase II awarded 1/11/11)
General conditions, construction support, and
permitting
PROJECTED FUNDING SOURCES
ITEM NUMBER: A - 1
DATE: 02/26/13
ATTACHMENT:
Exhibit A –ACH-15 Bid Summary
Exhibit A
ITEM NUMBER: A - 2
DATE: 2/26/13
Atascadero City Council
Staff Report – Administrative Service Department
California Cultural and Historical Endowment (CCHE)
Grant Agreement
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution approving the grant agreement with California Cultural
and Historical Endowment for the Historic City Hall Project; and,
2. Authorize the Administrative Services Director to execute the grant agreement.
DISCUSSION:
On April 24, 2007, Council approved the grant agreement with California Cultural and
Historical Endowment (CCHE) for $2,000,000 in Round Two cycle funding, to be used
for the Historic City Hall Project. This CCHE funding came from Proposition 40 bond
funds, and has been used for project programming, schematic design, design
development, construction documents for the portion of these items that are not funded
by FEMA and CalEMA. In addition, this funding is also being used for such historical
uses as restoration of historical light fixture in the lower rotunda; replacement of the
entry doors with historical replicas; and the fabrication and installation of historically
accurate terra cotta balusters.
In 2010, CCHE announced that an additional $4 million in statewide CCHE residual
grant funds (Round Four) had become available. This residual pool of fu nding resulted
from funds that had been reserved or awarded to CCHE applicants, but did not get
spent, and had been returned to CCHE’s general grant fund. CCHE offered the
opportunity to pursue additional grant funds to a select pool of 183 previous grante es,
including the City of Atascadero. After applying for a Round Four grant, no funding was
reserved for the City’s project, but the project was placed on a wait list.
ITEM NUMBER: A - 2
DATE: 2/26/13
Staff was recently notified that $28,850 has been awarded to the City for the Historic
City Hall Project. This funding may be used for fire/life safety, code and ADA
requirements. This opportunity will allow City project funding to be freed up to spend on
discretionary items, such as additional terra cotta repair.
Part I, D of the CCHE grant agreement stipulates several Conditions Precedent to
Commencement of Project and/or Disbursement of Funds. Item 1 of this section
requires a resolution to be adopted by Council, authorizing the execution of the grant
agreement and approving its terms and conditions.
ALTERNATIVES:
Do not approve the grant agreement and locate additional funding from other source(s).
FISCAL IMPACT:
Increased grant revenues in the amount of $28,850 for fire/life safety, code, and ADA
required upgrades of Atascadero’s Historic City Hall.
ATTACHMENTS:
1. Draft Resolution Approving the grant agreement for the California Cultural and
Historical Endowment (CCHE) under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 .
2. Draft California Cultural and Historical Endowment Grant Agreement.
ITEM NUMBER: A - 2
DATE:
Attachment 1
2/26/13
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING THE GRANT
AGREEMENT FOR THE CALIFORNIA CULTURAL AND HISTORICAL
ENDOWMENT (CCHE) UNDER THE CALIFORNIA CLEAN WATER,
CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002
WHEREAS, the people of the State of California have enacted the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which provides
funds to the State of California for the California Cultural and Historical Endowment (CCHE)
Grant Program; and,
WHEREAS, the California Cultural and Historical Endowment (CCHE) has been
delegated the responsibility for the creation and administration of the Grant Agreement between
the City of Atascadero and CCHE; and,
WHEREAS, the Grant Agreement requires the City of Atascadero to certify by
resolution the approval of the Grant Agreement and its terms before execution of the Agreement;
and,
WHEREAS, upon execution of this Agreement and approval of its terms and conditions,
the City of Atascadero will perform all of the tasks stated in the Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. The City Council approves the terms and conditions of the Grant
Agreement to be funded from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal; Protection Act of 2002.
ITEM NUMBER: A - 2
DATE:
Attachment 1
2/26/13
SECTION 2. The City Council certifies that the City of Atascadero has or will have
sufficient funds to operate and maintain the Project.
SECTION 3. Certifies that the City of Atascadero has reviewed, understands and agrees
to the Grant Agreement.
SECTION 4. The City Council appoints the Administrative Services Director as agent to
conduct all negotiations, execute and submit all documents including, but not limited to, Scope of
Work, CCHE Invoices, CCHE Progress Reports, CCHE Final Reports, and other documentation
which may be necessary for the completion of the Project.
On motion by Council Member _______________________ and seconded by Council
Member ________________________, the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: _______________________________
Tom O’Malley, Mayor
Attest:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
1
STATE OF CALIFORNIA
GRANT AGREEMENT GRANT AGREEMENT NUMBER
R4-XX
CCHE GRANT AGREEMENT
Application #
1. This Grant Agreement is entered into by and between the State Agency and Grantee named below:
STATE AGENCY’S NAME
California Cultural and Historical Endowment (CCHE) 900 N Street, #370, Sacramento, CA 95814
GRANTEE’S NAME
2. The term of this Agreement
is from
through
3. The maximum amount of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following sections which are by this reference made a part of the
Agreement.
CCHE GRANT AGREEMENT
Part I: Exhibits:
A. Parties to the Agreement
B. Incorporation of Documents by Reference
C. Scope of Work
D. Conditions Precedent
E. Project Completion and Reports
F. Expenditure of Funds
G. Payment Provisions
H. Terms of Agreement, Completion Date, Project Schedule
I. Termination of Agreement
A. CCHE Project Synopsis
B. Scope of Work
C. Standard Terms and Conditions
D. Special Terms and Conditions
E. State Certification Requirements
F. CCHE Invoice
G. CCHE Quarterly Progress Report
H. CCHE Final Report
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
GRANTEE Office Use Only
GRANTEE’S NAME
BY (Authorized Signature)
DATE SIGNED (Do not type)
PRINT NAME AND TITLE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA
AGENCY NAME
California Cultural and Historical Endowment (CCHE)
BY (Authorized Signature)
DATE SIGNED (Do not type)
PRINT NAME AND TITLE OF PERSON SIGNING
Mimi Morris, Executive Officer
ADDRESS
900 N Street, #370, Sacramento, CA 95814
2
CCHE GRANT AGREEMENT
PART I
The California Cultural and Historical Endowment ("CCHE") acting pursuant to Section 20070 of the Education
Code and its Resolution of XXXXXXX, 2010 hereby grants to the XXXXXXXXXXXXX ("Grantee"), a sum not to
exceed XXXXXXXXXX DOLLARS ($X00,000), subject to the terms and conditions set forth below.
Source of Funds:
CCHE has received an appropriation from Proposition 40 (California Clean Water, Clean Air, Safe Neighborhood,
Parks and Coastal Protection Act of 2002), and may distribute funds from Proposition 40 to projects that promote
California’s cultural and historical resources. This project meets the objectives of the CCHE program.
Brief Summary of the Project:
This Project is further described in Exhibit A – CCHE Project Synopsis.
A. Parties to the Agreement:
This Grant Agreement (“Agreement”) is entered into between CCHE and the Grantee named below:
GRANTEE
Grantee:
Organization:
Address:
Authorized Signatory
(Type name & title)
All communication between the parties should be directed to the individuals named below. All official notifications
must be in writing.
1. The designated Grant Manager for CCHE is listed below. The Grant Manager may be changed at any
time by CCHE by written notice thereof to the Grantee.
GRANT MANAGER
Name: (Grant Manager)
Address: CCHE
900 “N” Street, Room 380
Sacramento, CA 95814
Phone: (916) XXX-XXXX)
Fax: (916) 651-9871
Email: (Grant Manager email)
3
2. The designated Project Manager for the Grantee is listed below. The Project Manager may be
changed at any time by Grantee with written notice thereof to CCHE by the authorized representative
of the Grantee. All communications submitted to the Project Manager shall be as binding as if given to
the Grantee.
PROJECT MANAGER
Name:
Mailing Address:
Phone:
Fax:
Email:
Street Address:
3. The Grantee shall designate an Accountant for the Project, and the Project Manager may not also
serve as the Project Accountant. The Accountant for this Project is:
ACCOUNTANT
Name:
Mailing Address:
Phone:
Fax:
Email:
Street Address:
The Grantee shall at all times exercise responsibility over the design, management and implementation of the
Project, and may not delegate or assign its responsibilities under this Agreement. The grant funds may be used
only for the approved Project purposes as stated in this Agreement. The Grantee hereby agrees to complete the
Project in accordance with all the terms and conditions of this Agreement.
B. Incorporation of Documents by Reference
The following exhibits and other documents are incorporated by reference into this Agreement and made a part
hereof:
Exhibit A. CCHE Project Synopsis
Exhibit B. Scope of Work
Exhibit C. Standard Terms and Conditions
Exhibit D. Special Terms and Conditions
Exhibit E. State Certification Requirements
Exhibit F. CCHE Invoice
4
Exhibit G. CCHE Quarterly Progress Report
Exhibit H. CCHE Final Report
In the event of any inconsistency between or among the main body of this Agreement and the above documents,
the inconsistency shall be resolved, except as otherwise provided herein, by giving precedence in the following
order: (1) the CCHE Board Resolution; (2) the body of the Agreement; (3) the Scope of Work approved by CCHE;
(4) California Cultural and Historical Endowment Round Four Project Grant Summary; (5) the General Terms and
Conditions; (6) the Special Terms and Conditions; and (7) CCHE Invoice.
C. Scope of Work
Prior to the commencement of the Project and disbursement of funds, Grantee shall submit a Scope of Work to
CCHE for review and written approval as to its consistency with the terms of this Agreement which are all
incorporated and considered as Exhibit B. The Scope of Work shall have the same effect as if included in the text
of this Agreement. The Scope of Work may be amended as provided in this Agreement, upon the Grantee’s
submission of a modified Scope of Work and CCHE’s written approval of it.
The Scope of Work consists of three charts:
1. Exhibit B-1 – Workplan, Sources of Funding and Schedule
2. Exhibit B-2 – Budget Summary
3. Exhibit B-3 – Budget Chart by Calendar Year
Exhibit B-1 – Workplan, Sources of Funding and Schedule
The Workplan shall include:
a. A detailed chart of all of the tasks that will be needed in order for your Project to proceed.
b. The tasks should have divisible sections that list out each logical step that will need to be completed.
These steps shall be listed in the column labeled “Deliverable(s)” to clearly illustrate all of the elements
to complete the task. Examples of tasks that can be listed include such items as design plans; install
HVAC; install plumbing, lighting, fabrication and installation of exhibits; and line item construction cost
estimates.
c. There is also a section at the bottom of the Workplan to provide a narrative description of more
complicated and detailed tasks.
Sources of Funding
All Sources of Funding to complete the tasks will be listed in this chart. The categories will include funding
from CCHE, matching resources, and the Match Source.
Schedule
A Schedule will also be included as part of this chart to provide the estimated initiation date and the
completion date of all tasks.
5
Exhibit B-2 – Budget Summary
The Budget Summary will outline all costs to be incurred to complete the Project by budget categories.
Exhibit B-3 – Budget Chart by Calendar Year
The Budget Chart by Calendar Year is a chart that will identify the tasks and budget categories to complete
each task and the total cost of each task. The chart will outline the Budget and tasks by each calendar
year.
D. Conditions Precedent to Commencement of Project and/or Disbursement of Funds
In addition to any other conditions contained in this Agreement, Grantee shall not commence the Project and CCHE
shall not be obligated to disburse any funds under this Agreement unless and until the following conditions
precedent have been met:
1. A Resolution has been adopted by the Grantee's governing entity (e.g., City Council/Board of
Supervisors/Board of Directors) authorizing the execution of this Agreement and approving its terms
and conditions. In the case of a State agency, the Director of the agency/department or Executive
Officer of a board or commission must authorize the execution of this Agreement and approve its terms
and conditions. (sample on Page 6)
2. CCHE has given written approval of the Scope of Work.
3. The Grantee has provided documentation that an escrow account or a similar commitment has been
created to fulfill the matching fund requirement.
4. The Grantee shall provide documentation that demonstrates that it has the legal right, control and
oversight of the premises for at least 20 years, such as a long-term lease or easement.
5. The Grantee has obtained all necessary approvals to comply with the California Environmental Quality
Act (CEQA).
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7
Example of a Resolution
Resolution of the (Grantee)
Approving the Grant Agreement for the
California Cultural and Historical Endowment (CCHE)
Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
Grantee: ______________________________
Project Number: ______________________________
WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002, which provides funds to the State of California for the
California Cultural and Historical Endowment (CCHE) Grant Program and;
WHEREAS, the California Cultural and Historical Endowment (CCHE) has been delegated the responsibility for the
creation and administration of the Grant Agreement between the Grantee and CCHE; and
WHEREAS, the Grant Agreement requires the Grantee to certify by resolution the approval of the Grant Agreement
and its terms before execution of the Agreement; and
WHEREAS, upon execution of this Agreement and approval of its terms and conditions, Grantee will perform all of
the tasks stated in the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the (Grantee)
1. Approves the terms and conditions of the Grant Agreement to be funded from the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal; Protection Act of 2002 and;
2. Certifies that the Grantee has or will have sufficient funds to operate and maintain the Project; and
3. Certifies that the Grantee has reviewed, understands and agrees to the Grant Agreement; and
4. Appoints the (Project Manager)____________ as agent to conduct all negotiations, execute and submit all
documents including, but not limited to, Scope of Work, CCHE Invoices, CCHE Progress Reports, CCHE Final
Reports, and other documentation which may be necessary for the completion of the Project.
I, the undersigned, hereby certify that the foregoing Resolution Number _____was duly adopted by the (name of
organization) following a roll call vote:
Ayes
Noes
Absent
Secretary/Clerk – (Signature and Printed Name) Date signed
8
E. Project Completion and Reports
1. CCHE Quarterly Progress Reports
Progress Reports are due every quarter. Depending on when you start your Project, your first/next
Quarterly Progress Report will be as follows:
January 15th - for the quarter ending December 31st
April 15th - for the quarter ending March 31st
July 15th - for the quarter ending June 30th
October 15th - for the quarter ending September 30th
CCHE Quarterly Progress Reports will summarize the work completed for the quarter covered by the report
in addition to a detailed narrative of all the areas described in the summary and to any and all activities and
tasks indicated in the Scope of Work. This may include draft products, reports, interim findings, meetings
and the results of meetings, problems, comparison of your Project to the timeline you submitted, narrative
financial assessment and whether you are progressing within the approved budget, proposed activities for
the next quarter and copies of any materials created during the current reporting period.
Failure to submit a complete and timely Quarterly Progress Report on the dates indicated in this Agreement
will result in a delay in payment. Failure to submit any two (2) consecutive Progress Reports may result in
forfeiture of the Agreement funds awarded for this Project.
A Quarterly Progress Report form is included as Exhibit G.
2. CCHE Final Report
The Grantee shall submit a CCHE Final Report on or before the date listed in the Scope of Work. A
request for final payment should be submitted at the same time as the CCHE Final Report.
A detailed list of the items needed to complete the CCHE Final Report is included in Exhibit H.
3. Term of Agreement
The Grantee shall complete the Project by the completion date provided in the section on page one,
number two entitled “Term of the Agreement”. Upon completion of the Project, the Grantee shall supply
CCHE with evidence of completion by submitting: (1) the Scope of Work and any other work products
specified in the Scope of Work; (2) the CCHE Final Report; and (3) a fully executed final CCHE Invoice.
Within thirty days of Grantee’s compliance with this paragraph, CCHE shall determine whether a Project
has been satisfactorily completed. If CCHE determines that the Project has been satisfactorily completed,
CCHE shall issue to the Grantee a Letter of Acceptance of the Project. The Project shall be deemed
complete as of the date of the Letter of Acceptance.
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F. Expenditure of Funds and Allocation of Funding Among Budget Items
Except as otherwise provided herein, the Grantee shall expend funds in the manner described in the Scope of Work
and approved by CCHE for each individual Project. The dollar amount of an itemized task in the Budget
category(ies) set forth in Exhibit B-2 may be increased by up to ten percent (10%) through reallocation of funds
from another category or categories without approval by CCHE; however, the Grantee shall notify the CCHE in
writing at the time of making any such reallocation, and shall identify both the categories being increased and those
being decreased. Any increase of more than 10% in the amount of an item must be approved in writing by CCHE.
G. Payment Provisions
1. Invoice Requirements
CCHE will disburse funds to Grantee upon: (i) receipt and approval of a CCHE Invoice with supporting
detail indicating that all items requested for reimbursement have been paid by the Grantee; and (ii)
documentation to illustrate, or to show progress toward completion of task, and/or receipt of deliverables.
Required detail includes an invoice cost breakdown by task and dates that the invoice covers. Additional
documentation such as copies of permits, drawings, plans and photos may also be submitted to illustrate
progress.
CCHE may request additional documentation such as copies of checks, contractor or vendor invoices,
payroll detail, receipts for purchases, or general ledger information.
A properly submitted CCHE Invoice will list each of the approved items that appear on the Scope of Work.
The CCHE Grant Manager will not accept a CCHE Invoice for which work has not been pre-approved in the
Scope of Work and will return the invoice as a disputed invoice to the Grantee. An incomplete invoice is
considered a disputed invoice.
2. Invoice Format
Invoices shall be submitted based on the format provided as Exhibit F, and shall contain all the information
included in the three parts of the CCHE Invoice Form.
3. Payment Schedule
Grantee may submit a CCHE Invoice monthly, in arrears and, only after satisfactory completion (or
progress toward completion) of each phase or task as indicated in the Scope of Work. The CCHE Grant
Manager will review and either approve or dispute all invoices. The CCHE will pay undisputed invoices no
more frequently than monthly after receipt and approval of a properly itemized invoice for completion of
work set forth in this Grant Agreement. Invoices bearing the number of this Agreement shall be submitted
to:
(Grant Manager)
10
CCHE
900 “N” Street, Room 370
Sacramento, CA 95814
4. Disputes
If there are any disputes regarding a CCHE Invoice, the CCHE Grant Manager shall notify the Grantee
within 15 calendar days of receipt of a properly submitted invoice. Any disputed item will be subtracted
from the invoice and the CCHE will process the invoice for the undisputed amount. Dispute resolution will
follow the procedure outlined in Exhibit D, Special Terms and Conditions.
5. Performance Retention
CCHE shall withhold ten percent (10%) from each CCHE Invoice submitted. Disbursements shall be made
on the basis of costs incurred to date, less 10% of the total invoice amount. The remaining amounts
withheld shall be disbursed upon: (1) Grantee’s satisfactory completion of a discrete Project phase (for
which the 10% was retained); or (2) completion of the Project, and Grantee’s compliance with Project
closure requirements set forth in this Agreement.
6. Audit
All CCHE Invoices and supporting documentation are subject to an audit by the
Department of Finance as well as the Bureau of State Audits. This will include the
expenditure of all matching and other resources.
H. Term of Agreement; Completion Date; Project Schedule
1. This Agreement shall take effect upon CCHE’s receipt of one or more original completed copies of this
Agreement signed by the authorized representative of Grantee and the CCHE Board Chairperson or
designee, together with a certified copy of Grantee’s resolution or written authorization authorizing
Grantee’s execution of this Agreement. The term of the Agreement shall run from the effective date
through .
2. All work shall be completed by the completion date(s) shown in the Scope of Work. The Grantee
agrees to submit all work products identified in the Scope of Work by the date set forth in Exhibit B-1.
For good cause, the completion date, as well as any other dates set forth in the Schedule, may be
extended by CCHE upon written request by the Grantee in accordance with the CCHE Extension
Policy.
I. Termination of Agreement
If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations
of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to CCHE of all
amounts disbursed by the CCHE under this Agreement, plus accrued interest. CCHE may, in its sole discretion,
consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall
11
not be deemed to limit any other remedies CCHE may have for breach of this Agreement.
If it is necessary to terminate its obligation under this Agreement for cause, following notice of intent to terminate,
CCHE and the Grantee shall enter into a written termination agreement establishing the effective date for
termination of the Project, the basis for settlement of any outstanding obligations, and the amount and the date of
payment of any sums due to either party. This paragraph shall not be deemed to limit any legal or equitable
remedies that either party may have for breach of this Agreement.
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Exhibit A – CCHE Project Synopsis
(Information from Grantee’s application – Project Description)
13
Exhibit B – Scope of Work
Exhibit B-1 Workplan, Sources of Funding and Schedule
Task Descriptions Deliverable(s) CCHE Match Match
Source
Start Date Completion
Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Final Reporting Final Invoice and
Report to CCHE
(By end of
Agreement)
TOTAL CCHE
PROJECT BUDGET
Workplan Sources of Funding Schedule
Narrative information to further explain one or more of the task descriptions:
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Exhibit B-2 Budget Summary
Grantee shall implement the Project as identified in the Scope of Work, Exhibit B-1, and shall be compensated in
accordance with the budget outlined below:
Labor (only if applicable – not to be broken out for construction) $ __________________
Direct Capital Asset Costs (such as interpretive exhibits) $
Building and Facility Costs (new construction or renovation) $
TOTAL DIRECT COSTS $
Indirect Costs (no more than 10% of Direct Costs) $
TOTAL CCHE PROJECT BUDGET $
15
Calendar Year_____
Exhibit B-3 – Budget Chart by Calendar Year
Year 1 Budget
Task No. Task
Description Labor
Direct
Capital
Asset Costs
Building and
Facility
Costs
TOTAL
DIRECT
COSTS
INDIRECT
COSTS
TOTAL
COSTS
1
2
3
4
5
6
7
8
9
10
Total
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Exhibit C – Standard Terms and Conditions
1. Approval
Matching funds for Round Four may be counted toward the Grantee’s matching fund requirement retroactive to
the Round Four Application due date (February 10, 2010).
Grantee will need to document the amount and source of matching funds used toward one or more of the tasks
set forth in the Scope of Work. This documentation will be submitted to CCHE in the form of a CCHE Invoice.
This Agreement is of no force or effect until signed by both parties. Grantee may not commence performance
on portions of the Scope of Work for which CCHE funds will be used and reimbursement requested prior to the
Agreement being in effect.
2. Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
3. Assignment
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of CCHE in the
form of a formal written amendment by the parties approved by CCHE.
4. Audit
Grantee agrees that CCHE, the Department of Finance (DOF), Office of State Audits and Evaluations, or their
designated representative shall have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Grantee agrees to maintain such records for an audit for a
minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.
Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records. Further, Grantee
agrees to include a similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Authority: Government Code 8546.7, PCC 10115 et seq., CCR Title 2, Section
1896).
5. Indemnification
Grantee agrees to indemnify, defend and save harmless CCHE its officers, agents and employees from any
and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers,
and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in
connection with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of
this Agreement.
6. Independent Contractor
Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an
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independent capacity and not as officers or employees or agents of the State.
7. Certification Clauses
The CONTRACTOR CERTIFICATION CLAUSES contained in this Agreement as Exhibit E entitled State
Certification Requirements are hereby incorporated by reference and made a part of this Agreement by this
reference as if attached hereto.
8. Timeliness
Time is of the essence in this Agreement.
9. Governing Law
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
10. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
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Exhibit D – Special Terms and Conditions
1. Subcontracts
The Grantee is responsible for all subcontracted work. Subcontractors not specifically identified in the grant
application must be obtained using a competitive bidding process, or provide a satisfactory explanation and
obtain CCHE staff approval for non-compliance with this requirement. Nothing in this Agreement creates any
contractual relationship between any third party contractor and CCHE. All subcontracts must be in writing and
must include specific language that establishes the rights of the auditors of the State to examine the records of
the subcontractor relative to the services and materials provided under the subcontract and/or the grant
agreement.
2. Government Permits
Grantee is responsible for ensuring compliance with all applicable permitting requirements that may be required
to accomplish the Project described in the CCHE Workplan. No work that is subject to any such requirements
may proceed under this Grant Agreement until written evidence of compliance is received by the Grant
Manager.
3. Acknowledgment and Publicity
The Grantee agrees that it will acknowledge CCHE’s support whenever Projects that are funded, in whole or in
part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of
promotional material. Any exhibits, buildings, displays, publications, or other products which are made possible
by or derived in whole or in part from this Project shall acknowledge the assistance of CCHE as follows, or by
similar acknowledgment: “Funding for this Project has been provided in part by the California Cultural and
Historical Endowment.”
4. Audits/Accounting/Records
The Grantee shall maintain satisfactory financial accounts, documents, and records relating to the Project. The
accounts, documents, and records relating to the Project shall be retained by the Grantee for three years
following the date of final reimbursement by CCHE under the paragraph entitled “Term of Agreement” in Part 1,
and shall be subject to examination and audit by CCHE, the Department of Finance, Office of State Audits and
Evaluations, during that period. The Grantee may use any generally accepted accounting procedures, provided
such system meets minimum requirements established by the State of California.
5. Inspection
Throughout the term of this Agreement, CCHE shall have the right to inspect the Project area to ascertain
compliance with this Grant Agreement. The State, through any authorized representatives, has the right at all
reasonable times to inspect or otherwise evaluate the work performed or being performed under this Grant
Agreement including subcontract-supported activities and the premises in which it is being performed. If any
inspection or evaluation is made by the CCHE of the premises of the Grantee or a subcontractor, the Grantee
shall provide and shall require all subcontractors to provide all reasonable facilities and assistance for the
safety and convenience of the State representatives in the performance of their duties.
6. Interest Restrictions
Any interest earned from grant funds shall be applied to the Project for eligible Project needs.
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7. Travel
Any reimbursement for necessary travel and per diem shall be at rates specified by the California Department
of Personnel Administration for similar employees or verification supplied that such rates are not available to
the Grantee. No travel outside of California shall be reimbursed unless prior written authorization is obtained
from the State. Reimbursement for travel must be documented in detail and copies of receipts attached to the
specific CCHE Invoice involving travel.
8. Operations and Maintenance
The Grantee shall maintain and operate the facility and structures constructed or improved as part of the
Project, if any, throughout the term of this Grant Agreement, consistent with the purposes for which this grant
was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; CCHE
shall not be liable for any cost of such maintenance, management or operation.
9. Damages for breach affecting tax exempt status
In the event that any breach of any of the provisions of this Agreement by the Grantee result in the loss of tax
exempt status for any state bonds, or if such breach results in an obligation of the part of CCHE to reimburse
the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse CCHE in an
amount equal to any damage paid by or loss incurred by CCHE due to the breach.
10. Change of budget
Grantee agrees that any refunds, rebates, credits, donations, in-kind contributions or other amounts (including
any interest thereon) accruing or received by the Grantee after the Agreement has been executed with CCHE
be immediately reported in writing to CCHE if such items pertain to the approved list of items that has received
prior approval for CCHE funding. CCHE will then have the opportunity to adjust and amend the budget of the
Agreement accordingly to reflect the source and amount of such budget items.
11. Liability
Grantee agrees to indemnify, defend and save harmless CCHE and the State, its officers, agents and
employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in
any way connected with or incident to this Agreement, except for active negligence of CCHE, its officers,
agents or employees. The duty of the Grantee to indemnify and save harmless includes the duty to defend as
set forth in Civil Code Section 2778.
[Delete the following paragraph from all non-profit organization Grant Agreements]
[Where the Grantee is a public entity, add: The parties expressly acknowledge that this Agreement is an
agreement for the subvention of public funds from CCHE to the Grantee, and is not an agreement as that term
is defined in Government Code section 895 or a construction contract under Civil Code sections 2783 or 2783.
Accordingly, it is acknowledged Grantee does not, in matters arising under this Agreement, have any right to
contribution and indemnity from CCHE and/or the State of California arising under government Code Sections
895.2 and 895.6.]
Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the
State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected
with or incident to this Agreement, except such liability as results from CCHE’s active negligence.
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12. Liability Insurance
Throughout the term of this Agreement, the Grantee shall provide and maintain public-liability and property-
damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as
follows:
A single limit for bodily injury (including death) and property damage liability combined of $1,000,000
each occurrence and $1,000,000 in the aggregate.
This insurance shall be issued by a company or companies admitted to transact business in the State
of California.
CCHE is not responsible for premiums and assessments on any insurance policy.
The company or companies providing such insurance shall have no recourse against CCHE or the
State of California, or their members, officers and employees, or any of them, for payment of any
premiums or assessments under such insurance.
A copy of Grantee’s current insurance policy shall be submitted to CCHE for their records.
Nothing in this Agreement shall prohibit the Grantee from self-insuring all or part of the insurance
requirements.
(If Grantee is a Gov’t. Agency & is self-insured, add approved bullet (above) to allow it)
13. Loss Insurance
Throughout the term of this Agreement, the Grantee shall provide and maintain insurance against fire,
vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this
Agreement.
CCHE is not responsible for premiums and assessments on any insurance policy.
14. Withholding of Grant disbursements
CCHE may withhold all or any portion of the grant funds provided for by this Grant Agreement in the event that
the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or
commitment of this Agreement or the Grantee fails to maintain reasonable progress toward completion of the
Project.
15. Compliance with Law
Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply
with all applicable federal and state and local laws, rules, guidelines, regulations, and applicable requirements.
16. Dispute Resolution
Any claim that the Grantee may have regarding the performance of this Agreement including, but not limited to,
claims for additional compensation or extension of time, shall be submitted to the CCHE Grant Manager in
writing within thirty days of its accrual. The Grantee and the CCHE shall then make a good faith effort to
resolve the claim, and process an amendment to this Agreement to implement the terms of any such resolution.
If the Grantee and the CCHE are unable to resolve the dispute, the decision of the CCHE Board or their
designee shall be final.
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17. Grantee’s Name Change
An amendment is required to change the Grantee’s name as listed on this Agreement. Upon receipt of legal
documentation of the name change the State will process the amendment. Payment of invoices presented with
a new name cannot be paid prior to approval of said amendment.
18. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent
of the parties that all other provisions of this Agreement be constructed to remain fully valid, enforceable, and
binding on the parties.
19. Standard of Professionalism
The Grantee shall conduct all work consistent with the professional standards of the industry and type of work
being performed under the Agreement.
20. Amendments
Except as otherwise provided herein, no alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto, and no oral understanding or agreement to be
incorporated herein shall be binding on any of the parties hereto.
21. Venue
All proceedings concerning the validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive
any right to any other venue.
22. Sections and Headings
The headings and captions of the various sections of this Agreement have been inserted only for the purpose of
convenience, and are not a part of this Agreement and shall not be deemed in any manner to modify, explain,
or restrict any of the provisions of this Agreement.
23. Entire Agreement
This Agreement, and the Exhibits, constitutes the entire contract between the parties hereto, relating to the
Project and may not be modified except by an instrument in writing signed by the parties hereto.
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Exhibit E – State Certification Requirements
By signing this Agreement, the Grantee’s authorized representative is certifying under penalty of perjury that the
following clauses will be enforced for the duration of the Project with CCHE.
1. Non-Discrimination
During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental
disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and
subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing Government Code
Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its
subcontractors shall give written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the Agreement.
2. Drug-Free Workplace Certification
Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1. the dangers of drug abuse in the workplace;
2. the person's or organization's policy of maintaining a drug-free workplace;
3. any available counseling, rehabilitation and employee assistance programs; and,
4. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the CCHE Project will:
1. receive a copy of the company's drug-free workplace policy statement; and,
2. agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Grantee may be ineligible for award of any future State Agreements if
23
CCHE determines that any of the following has occurred: the Grantee has made false certification, or violated
the certification by failing to carry out the requirements as noted above. (Government Code 8350 et seq.)
3. National Labor Relations Board
By signing the Agreement, the Grantee swears under penalty of perjury that no more than one final
unappealable finding of contempt of court by a federal court has been issued against the Grantee within the
immediately preceding two year period because of the Grantee’s failure to comply with an order of a federal
court which orders the Grantee to comply with an order of the National Labor Relations Board.
4. Union Activities
By signing this Agreement Grantee hereby acknowledges the applicability of Government Code section 16645
through section 16649 to this Agreement and agrees to the following:
a. Grantee will not assist, promote or deter union organizing by employees performing work on a state
service contract, including a public works contract.
b. No state funds received under this Agreement will be used to assist, promote or deter union organizing.
c. Grantee will not, for any business conducted under this Agreement, use any state property to hold
meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter
union organizing, unless the state property is equally available to the general public for holding
meetings.
d. If Grantee incurs costs, or makes expenditures to assist, promote or deter union organizing, Grantee
will maintain records sufficient to show that no reimbursement from state funds has been sought for
these costs, and that Grantee shall provide those records to the Attorney General upon request.
5. Conflict of Interest
By signing this Agreement, Grantee certifies that it will comply the following provisions regarding current or
former state employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, contact CCHE immediately for clarification.
Current State Employees
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any
state agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any
state agency to provide goods or services.
Former State Employees
a. For the two-year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations,
24
transactions, planning, arrangements or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state
agency in a policy-making position in the same general subject area as the proposed contract within
the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement
void.
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per diem.
(Public Contracts Code, Section 10430 (e).)
6. Labor Code/Workers’ Compensation
Grantee agrees to comply with Section 3700 of the Labor Code, which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that Code, and Grantee confirms that it will comply with such provisions before commencing the performance of
the work of this Agreement.
Grantee also certifies that it will comply with Labor Code Sections 1810-1815, inclusive, regarding maximum
hours per workweek.
7. Americans With Disabilities Act
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA.
8. Authority
By entering into the foregoing Agreement the Grantee gives assurance and certifies with respect to the grant
that it possesses legal authority to apply for and receive the grant funds.
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26
27
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Exhibit G
California Cultural and Historical Endowment (CCHE)
Quarterly Progress Report
Grantee: _________________________________________ Date Report Submitted: ____________________________
Address: ____________________________________________________________________________________________
Grant Agreement Number: __________________ Quarter Covered by Report: _________________________________
Summary: Briefly summarize the work completed since your last report to CCHE (50 words or less).
1. Task Details. Refer to your Exhibit B-1 workplan and list activities initiated or completed by task
number. Provide details of accomplishments this quarter and state whether the task is completed or
the degree of completion achieved.
2. Schedule. Is the Project on schedule, according to the workplan in Exhibit B-1? If not, what is not on
schedule and why?
3. Challenges. Did organizational, staffing, construction, or financial challenges or changes arise during
this quarter? If so, explain the effects these challenges may have on your Project.
4. Future Plans. What do you plan to accomplish in the next quarter? Are there any anticipated changes
to your workplan? Will you be able to stay on schedule and within your approved budget?
5. Other. Describe any new or upcoming opportunities, significant events and activities involving your
organization. These may or may not be directly related to the CCHE Project workplan.
6. Administrative Updates. Have there been any changes to the grantee address, Project staff, or
grant agreement signatories this quarter?
7. Attachments. List any relevant attachments to this report, including construction photographs, news
articles, fliers, etc. If there are any lengthy documents or workplan deliverables, copy them to a CD
(send no hard copies) and list them below:
a)
b)
c)
Return completed Quarterly Reports to: (Grant Manager), CCHE, 900 “N” Street, room 370, Sacramento, CA 95814
___________________________________________________________________________________________
I certify that this CCHE Quarterly Progress Report is accurate and that this Project is in compliance with the CCHE
Grant Agreement. I further certify that any expenditure discussed in this report is allowed under the CCHE Grant
Agreement and that all funds were expended for the purposes of the CCHE Project.
Authorized Grantee Signature: _____________________________________ Date: _____________________________
Printed Name: _________________________________________ Title: _______________________________________
29
Exhibit H
California Cultural and Historical Endowment (CCHE)
Final Report
Certification and Grant Closeout Procedure Checklist
Grantee: _____________________________________ Date Report Submitted: ________________________
Address: ____________________________________________________________________________________
Grant Agreement Number: ________________ Term of Agreement: _________________________________
As stated in the Grant Agreement, upon completion of the Project, the Grantee shall supply CCHE with evidence of
completion by submitting the following. (If items listed are not applicable, leave the box unchecked.)
Completed CCHE Final Report Template (enclosed with your Closeout Instruction Letter from CCHE), providing
narrative information on your Project. This is required of all grantees.
Certify the final report by signing this Exhibit H - Final Report Form.
An invoice (Exhibit F) for any completed work not previously invoiced to CCHE
A Final Invoice with original authorized signature to claim all 10% Performance Retention amounts not previously
paid by CCHE. This invoice can be processed for payment upon receipt of the other required closeout documents
(blank CCHE Performance Retention Invoice form was enclosed with your Closeout Instruction Letter from CCHE)
Visual documentation (still photos) of the Project at the time of completion (or end of the CCHE part of the Project)
Copies of any news articles or promotional materials created during the Project, but not previously submitted to
CCHE
Name, address and phone number of contact person who is in charge of audit records for the CCHE Project
Upon Grantee’s compliance with the Closeout Procedures shown above, CCHE shall determine whether a Project has been
satisfactorily completed. As stated in the CCHE Grant Agreement (Part I, Section E, 3.) - If CCHE determines that the Project
has been satisfactorily completed, CCHE shall issue to the Grantee a Letter of Acceptance of the Project. The Project shall
be deemed complete as of the date of the Letter of Acceptance.
I certify that I am an authorized signatory for the herein named agency, that this CCHE Final Report is accurate and that this
Project is in compliance with the CCHE Grant Agreement. I further certify that any expenditure discussed in this report is
allowed under the CCHE Grant Agreement and that all funds were expended for the purposes of the CCHE Project.
Authorized Grantee Signature: ___________________________________ Date: _________________________
Printed Name: _____________________________________ Title: ____________________________________
ITEM NUMBER: A - 3
DATE:
02/26/13
Atascadero City Council
Staff Report – City Manager’s Office
Amendment to Planning Commission Terms
Second Reading of Ordinance
RECOMMENDATION:
Council adopt on second reading, by title only, the Draft Ordinance, amending Section
2-9.02 of the Atascadero Municipal Code relating to the appointment of Planning
Commission Members.
DISCUSSION:
The City Council discussed the Planning Commission during their Strategic Planning
W orkshop in January. The Council directed staff to bring forward an Ordina nce that
would amend the Municipal Code concerning the terms for Planning Commissioners.
Currently, the Municipal Code reflects that directly appointed Planning Commissioners
shall have a term of four years, and at -large Planning Commissioners shall have a term
of two years. The proposed Ordinance amends this language to state that all Planning
Commissioners shall have two-year terms, and shall be appointed in the December
following a General Municipal election.
On February 12, 2013, the City Council reviewed staff’s recommendations, including
additional language that was proposed to clarify the commencement date for these
changes. The City Council approved staff’s recommendations and introduced for first
reading by title only, the proposed Draft Ordinance, as amended.
This Ordinance is being returned to the City Council to be adopted on second reading
by title only. If adopted, the Ordinance will become effective on March 28 th.
FISCAL IMPACT: None.
ATTACHMENT: Draft Ordinance
ITEM NUMBER: A - 3
DATE:
Attachment
02/26/13
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING SECTION 2-9.02 OF THE ATASCADERO
MUNICIPAL CODE RELATING TO THE TERMS OF
PLANNING COMMISSION MEMBERS
WHEREAS, the City Council of the City of Atascadero has previously adopted codes for
the terms of members to the Planning Commission; and
WHEREAS, the City Council of the City of Atascadero finds that the following changes
to the Atascadero Municipal Code are reasonably necessary to promote the health, safety and
welfare of the citizens of Atascadero;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does
ordain as follows:
SECTION 1. Atascadero Municipal Code section 2-9.02 is amended to read as follows:
2-9.02 Members: Appointment: Terms of office.
The City Council shall appoint members of the Planning Commission as follows: Two (2)
members shall be appointed by a majority vote of the entire Council. Those two positions shall
be appointed for terms of two years commencing January 1 of each odd-numbered year and
expiring December 316 of each even-numbered year. Except as modified below the remaining
five (5) members shall be directly appointed by each individual City Council Member in the
December following a General Municipal election. The terms of appointment for the directly
appointed members of the Planning Commission shall be two years, commencing on January 1 of
each odd-numbered year, and expiring on December 31 of each even-numbered year,.
Appointments may be made after the commencement of a term to fill a vacancy or removal, in
which case the term of office shall be for the balance of the unexpired term. In the event that a
member at large (appointed by a majority vote of the entire Council) resigns or is removed, the
vacancy shall be filled by a majority vote of the entire City Council. In the event that a member
directly appointed by a City Council member resigns or is removed, the vacancy shall be filled by
the individual City Council member that made the appointment of the resigning or removed
planning commission member. In the event that the appointing City Council member has vacated
office the appointment shall be made by the City Council member appointed or elected to fulfill
the term of the vacating City Council member. In the event that the vacated City Council position
has not been filled by appointment or election, an appointment to the vacated planning
commission term may, but does not have to be, made by a majority vote of the entire Council.
Any such appointment shall be for the remainder of that unexpired term. All members shall serve
at the pleasure of the City Council and may continue to serve after expiration of the stated term,
with the approval of the City Council, until such time as a successor is selected according to the
procedures set for the above.
SECTION 2. The terms of appointment for the directly appointed members of the Planning
Commission for the term of 2013-2014 shall commence on March 29, 2013 and shall continue
through December 31, 2014. To effectuate the appointment of new directly appointed members
of the Planning Commission for terms commencing on March 29, 2013, all persons holding
appointed office as directly appointed members of the Planning Commission on March 28, 2013
shall have their term of appointment terminated on that day. At the meeting of the City Council
on March 26, 2013, or thereafter, the City Council shall select new members to fill the directly
appointed Planning Commission positions as set forth in Section 1 of this ordinance.
SECTION 3. All other provisions and sections of the Atascadero Municipal Code in effect on
the days preceding the passage of this ordinance shall remain in full force and effect upon
passage of this ordinance.
SECTION 4. This ordinance shall not be interpreted in any manner in conflict with controlling
provisions of state law, including without limitation, the Constitution of the State of California. If
any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be
affected thereby.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
_____________________________ _________________________
Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor
City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: A - 4
DATE: 02/26/13
Atascadero City Council
Staff Report - Information Technology Division
Information Technology
Consolidation and Simplification Plan
RECOMMENDATIONS:
Council:
1. Authorize the Administrative Services Director to appropriate $151,000 in
Technology Replacement Funds for the Technology Consolidation and
Simplification Plan; and,
2. Authorize the purchase of $133,258.27 in equipment from Helixstorm for the
Technology Consolidation and Simplification Plan.
DISCUSSION:
Background: In 2006, the Information Technology Division moved the majority of the
City’s servers to a virtualized environment. This change offered staff more flexibility as
the demands for technology resources continued to increase. Over the 6+ years since
the virtualization project, available technologies have continued to evolve, becoming
more efficient and cost effective. The City’s current equipment and software either has
or will soon reach its end-of-life and is requiring more and more staff time to manage.
Given the amount of time spent managing the current infrastructure, and the fact that
existing equipment is due for replacement and is in certain cases failing, technology
staff is recommending that the City replace the necessary hardware and software. The
purchase is consistent with the City’s Information Technology Strategic Plan and will
result in getting back much needed staff-hours. The plan consists of three parts that
have been brought together to realize further cost savings from purchasing all the
equipment at once. The three components are outlined below.
ITEM NUMBER: A - 4
DATE: 02/26/13
1) Network Traffic/Switches
Network switches are used to route network traffic between phones, desktops, servers
and facilities. Our existing switches are 6+ years old and are becoming problematic,
resulting in network traffic slowdown. Staff is recommending the purchase of four (4)
new “core” switches (master switches in the server rooms at the Police Department and
City Hall) and repurposing two (2) switches. The new switches will increase our
available bandwidth to servers allowing traffic to flow better.
The current switches are fully depreciated and funding is available for replacement.
There is approximately $65,000 available for switch replacement in the Technology
Fund, more than enough to cover this expense. The new switches will cost $38,000
leaving a new balance of $12,000 in the Replacement Fund after all critical switches
have been replaced/upgraded. Switch replacement will not be necessary for several
years after this purchase allowing time for the funds for depreciated replacement to
replenish.
2) Server and Storage Simplification
The current server system last underwent a major upgrade in 2006 when staff
transitioned to a virtual server infrastructure combined with a storage area network
(SAN). In addition, a disaster recovery site was added to ensure continuous operations
in the event of a catastrophic event at either th e Police Department or City Hall. This
infrastructure was estimated to last five to seven years. It has lasted this long and
served the organization well, but in the last two to three years, several alternatives have
arisen that are more efficient, cost-effective, and simpler to manage.
Staff is recommending that the City keep the virtual server environment but move
towards a unified server infrastructure without storage area networking (SAN). New
technologies will also be utilized for backup and disaster recovery operations. This new
configuration will eliminate the SAN device, the single highest point of failure over the
last six years and a very time intensive component. Consolidating the servers and
storage into a single system will save approximately 500 hours per year and $100,000
over the next five years. The cost of the new server equipment, software and consulting
is $42,000. Funding is available for the purchase in the Technology Replacement Fund.
The existing servers are nearly depreciated, making funding available.
3) Desktop Replacement
Desktop computers have been utilized throughout the City for many years. However,
the City has not replaced desktop computers (CPUs) for the past four years, and
several CPUs are seven to eight years old. This was done to save money and
replacement was done only when necessary. Additionally, in the past two years staff
has been reviewing virtualized desktop technology to see if it was a technology that
would be a better fit for the organization. Virtualized desktop machines have become
ITEM NUMBER: A - 4
DATE: 02/26/13
mainstream and are now a perfect fit for an organization our size. Instead of drawing on
their own localized processor, virtualized machines run of f of the server’s processor.
Over 75% of the City’s desktops are due for replacement, so this is an excellent time to
begin the transition to virtualized desktop machines. IT staff will be able to upgrade and
maintain these virtual desktops from a centra l location, saving many hours by not
having to visit each machine physically.
City staff will have a small box on their desk instead of a large computer. Thirty (30)
EVGA virtual desktop devices will be purchased initially as part of this project and an
additional 30-40 will be purchased in the next fiscal year. This device will connect staff
to their virtual desktop with a very similar experience to a physical desktop , but with all
the horsepower of the server hosting their virtual desktop , resulting in many applications
running faster. The cost for purchasing thirty (30) EVGA desktop devices, server
infrastructure, software and related upgrades is approximately $71,000. An additional
30-40 devices will be purchased in the next fiscal year but additional server capacity will
not be necessary as this capacity is included in this purchase. Funding is available in
the Technology Replacement Fund for this purchase, particularly since replacement
computers haven’t been purchased for the past four years.
Summary: This project will replace a large majority of the City’s technology
infrastructure, save a considerable amount if IT staff time and save $100,000 over the
next five years in technology expenditures.
Analysis: This project consists of three types of purchases; hardware, software and
professional services, that will be included in a single purchase order and purchased
through a single vendor, Helixstorm.
As allowed in the Purchasing Policy under Section II -3.1.h.3, hardware purchases in the
amount of $119,257.27 will be purchased using the Western States Contracting Alliance
(WSCA) contract through which the City participates in cooperative multi-state
contracting for goods and services allowing participants to realize cost savings. The
City’s hardware platform vendor, HP, is a participating vendor in the WSCA contract.
Helixstorm will coordinate the purchase of the necessary hardware through the WSCA
contract.
Proprietary software, in the amount of $14,001.00 will also be purchased through
Helixstorm as part of the contract award. In accordance with the purchasing policy, staff
evaluated various software options and has determined that the software provided by
Helixstorm will best meet the City’s needs. Staff has not found any other software
solutions that will meet expectations.
In addition to the software and hardware contract being awarded, professional services
will also be provided by Helixstorm. City staff has utilized Helixstorm’s services in the
past which has provided them with an intimate knowledge of the City’s complex
computer network. Many hours and dollars would be needed for a new vendor to
become familiar enough with the City’s computer network in order to provide the
ITEM NUMBER: A - 4
DATE: 02/26/13
services needed for a successful implementation of this project. Helixstorm has
provided excellent service in the past allowing staff to confidently present them as the
sole source vendor for this project.
The professional services contract and purchasing contract will be separate contracts,
which is reflective in the difference between the requested purchase amount of
$133,258.27 and the Technology Replacement Fund request in the amount of
$151,000.
FISCAL IMPACT:
The total fiscal impact is the appropriation of $151,000 in Technology Replacement
Funds. The following chart summarizes these expenses:
Network Traffic/Switches $ 38,000
Server & Storage Simplification $ 42,000
Desktop Virtualization $ 71,000
Total $151,000
Items being replaced are fully depreciated and funding is available in the Technology
Replacement Fund.
ALTERNATIVES:
1. The City Council can direct staff to bring back additional information for their
review.
2. The City Council can decide not to approve this action. This is not recommended
because the current server and storage environment can still be supported at a
cost of $141,000 over the next five years, compared to $42,000 over the next five
years with this plan. Network switches will still need to be replaced this fiscal
year at $38,000. The desktop computers are very old and need to be replaced.
Since staff has deferred purchasing replacement computers, 75% of desktop
computers are in need of replacement at a cost of $120,000 this fiscal year
alone.
ATTACHMENTS: None
ITEM NUMBER: A - 5
DATE: 02/26/13
Atascadero City Council
Staff Report – Public Works Department
Wastewater Master Plan Update Professional Engineering Services
Contract Award
(Contract for Professional Services)
RECOMMENDATION:
Council authorize the City Manager to execute a contract with Michael K. Nunley and
Associates for professional engineering services to update the City’s Wastewater and
Collection System Master Plans for the amount of $118,485.00.
DISCUSSION:
Background: The City of Atascadero has consistently invested in updating the
Wastewater Treatment Plant Master Plan and the Collection System Master Plan
(hereafter collectively referred to as “Master Plans”). Updating the Master Plans will
continue to provide the City with thorough and comprehensive information that City staff
will use to identify the community’s future wastewater needs. The Master Plan updates
were previously conducted by CH2M Hill (Wastewater Treatment Plant, 1990),
Kennedy/Jenks Consultants (Wastewater Long-Range Planning, 1989 and 1991), and
Brown and Caldwell (Wastewater Collection System, 2003). The aforementioned
updates have been central in identifying and planning for long-range wastewater Capital
Improvement Projects (CIPs), identifying collection system bottlenecks, improving
wastewater treatment deficiencies and providing enhanced sewer services to the
community.
In 2006, the State Water Resources Control Board mandated organizations with over
one (1) mile of sewer collection system to establish and implement a Sewer System
Management Plan (SSMP). The SSMP contains eleven (11) elements that are required
to be completed based on the organizations collection system size. In August 2009,
Council approved the City’s SSMP. Council acceptance fulfilled regulatory
requirements mandated by the State Water Resources Control Board. Sewer System
Management Plan element eight requires the City to update the Master Plans on a ten
year cycle. Since it has been ten years since Brown and Caldwell’s collection system
update in 2003, updating the City’s Master Plans in 2012/2013 will fulfill the City’s
SSMP updated requirement.
ITEM NUMBER: A - 5
DATE: 02/26/13
The City Council budgeted $25,000 for the Collection System Master Plan Update and
$125,000 for the Treatment Plant Master Plan Update for a total budget of $150,000 for
the update of the Master Plans. The Master Plans update involves the evaluation of
core elements of both the City’s wastewater treatment plant and collection system. The
update will first and foremost continue to build on the existing Master Plans. In addition,
the update includes flow projections and measurements, an update of the hydraulic
model and capital improvement recommendations for both the collection system and the
Wastewater Treatment Plant. The selected consultant will provide the City with
comprehensive reports based on existing data and research accomplished during this
project.
Analysis: City staff solicited proposals for professional engineering services in
updating the City’s Wastewater Master Plan Update. The Request for Proposals sought
services of a consultant with relevant experience in the preparation of Wastewater
Master Plans. Consultants submitting proposals had to demonstrate a broad depth of
experience in successful master plan preparation.
The Request for Proposals were due on December 20, 2012. Two proposals from
engineering firms were received including, Michael K. Nunley and Associates and
AECOM Inc. The proposals were reviewed for accuracy and compliance with the
Request for Proposal requirements and ranked based on graded criteria. Michael K.
Nunley and Associates received the highest ranking of the two qualified firms. Staff has
negotiated the price and services needed for this project with Michael K. Nunley and
Associates. The fee for professional engineering services to be provided by Michael K.
Nunley and Associates is $118,485.00.
Conclusion: Staff recommends that the City Council authorize the City Manager to
execute a contract with Michael K. Nunley and Associates in the amount of
$118,485.00, for updating the City’s W astewater Master Plan.
FISCAL IMPACT:
The fiscal impact of this award is $118,485.00 of budgeted Wastewater funds.
ALTERNATIVES:
1. Reject staff’s recommendation and direct staff to re-advertise the Request for
Proposals. Staff does not recommend this action since staff has successfully
negotiated additional tasks at no additional cost to the City.
ATTACHMENT:
1. Michael K. Nunley and Associates Scope of Work
ITEM NUMBER: A - 5
DATE: 02/26/13
Attachment 1 - Scope of Work
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: A - 5
DATE: 02/26/13
ITEM NUMBER: B - 1
DATE: 02/26/13
Atascadero City Council
Staff Report – Police Department
Proposed Aggressive Animal Ordinance
RECOMMENDATION:
Council introduce for first reading by title only, the Draft Ordinance adding Section 4 -
1.121 to Chapter 1 of Title 4 of the Atascadero Municipal Code, creating an infraction
offense for owners of menacing and aggressive animals.
DISCUSSION:
The current contract between San Luis Obispo County Animal Control Services and the
City of Atascadero, as adopted by the Atascadero City Council in 2010, contains a
provision requiring the City’s animal control regulations conform with the San Luis
Obispo County Code. This provision of the contract is listed in Exhibit A under Section
2 “City Obligations” and reads:
2) City Obligations. The City shall perform the following duties.
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal
code or by way of reference, animal control ordinances whi ch are in conformity to and
are not in substantial conflict or in variation from Chapter 9 of the San Luis Obispo
County Code.
The purpose of this requirement is to maintain consistency for the County’s animal
control officers that provide enforcement services to multiple contract cities including
Atascadero.
In 2012 the County of San Luis Obispo adopted Ordinance 9.16.030 regarding
menacing and aggressive animals, see Attachment 2 for the County draft ordinance
text. The County ordinance holds the owners of aggressive animals responsible when
such animals threaten, harass, or intimidate a person and are not enclosed behind
secure fencing. Animal control officers may also take enforcement action under this
ordinance for aggressive animals that are not properly confined or that attack another
ITEM NUMBER: B - 1
DATE: 02/26/13
animal and cause severe bodily injury. Violations of this ordinance are infractions with
increasing fine levels for owners cited on more than one occasion within a year.
Currently, there is no City of Atascadero ordinance that addresses these specific issues.
Under the current Atascadero Municipal Code, there is no authority to cite the owner of
an aggressive dog that attacks and kills another animal.
There have been concerns expressed locally about one provision of the ordinance as
adopted by the County of San Luis Obispo . That provision imposes potential liability on
property owners for the conduct of their tenants’ animals and subjects them to
prosecution. By way of example, under the County ordinance, an animal control officer
could issue a citation to a property owner based on th e aggressive and menacing
behavior of a tenant’s dog even when the property owner has no direct responsibility for
the animal. Some residents of the City have expressed concern that such a provision
would be unfair to property owners, especially when face d with uncooperative tenants.
Dr. Anderson from Animal Control has agreed to allow an exemption under our current
contract for cities that do not wish to adopt this provision of the ordinance.
Staff recommends the City Council adopt the Draft Ordinance to allow the City and
County Animal Control to take enforcement action against Menacing and Aggressive
Animals. Adoption of the Draft Ordinance and implementation of Section 4 -1.121 would
directly address the terms of the Animal Services contract, the enforcement concerns of
county animal control officers and safety concerns for residents who encounter
menacing and aggressive animals.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Council may decide not to adopt the Draft Ordinance
2. Council may request staff to make revisions to the Draft Ordinance
3. Council may request staff to conduct further analysis of the Aggressive Animal
Ordinance prior to adoption.
ATTACHMENTS:
1. Draft Ordinance
2. Chapter 9.16 of the San Luis Obispo County Code
3. Contract for Animal Care and Control Services FY 2010-2013
ITEM NUMBER:
DATE:
Attachment 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 4 OF THE ATASCADERO
MUNICIPAL CODE TO ADD SECTION 4-1.121 REGARDING MENACING AND
AGGRESSIVE ANIMALS
WHEREAS, the City contracts with the San Luis Obispo County Division of Animal
Services for the provision of animal care and control services; and
WHEREAS, the City is required to enact municipal codes, which are similar to and
consistent with the County’s codes regarding the care, keeping, and management of animals; and
WHEREAS, the City Council desires to support the safe and responsible keeping of
animals within the City; and
WHEREAS, the City desires to protect the safety and welfare of responsible pet owners
and their pets from animals demonstrating aggressive or menacing behavior that threatens to cause
or actually causes harm to city residents and their pets; and
WHEREAS, the City Council finds that current laws governing aggressive and menacing
animals are insufficient to address the adverse health, safety and welfare impacts of aggressive and
menacing animals within the City; and
WHEREAS, the County of San Luis Obispo recently enacted an ordinance to strengthen
the regulation of aggressive and menacing animals, which the City Council finds to serve the best
interests of the citizens of the City of Atascadero.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1 of Title 4 of the Atascadero Municipal Code is hereby amended to
add Section 4-1.121 to be read as follows:
“4-1.121 Menacing and Aggressive Animals – Animal Owner Responsibility.
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or
menacing animal which threatens, harasses, or intimidates a person who is
peaceably and lawfully upon public or private property, unless it is contained in an
enclosure of a construction adequate to keep it securely confined and prevent its
escape.
(b) It is unlawful for any person to permit any animal owned, harbored, or
controlled by him or her to attack and cause severe bodily injury or death to another
ITEM NUMBER:
DATE:
Attachment 1
domestic or captive animal while off the property of its owner or keeper.
(c) Upon notification of a violation of subsection (a), the animal owner(s) must
immediately confine the animal to an enclosure or location which mitigates the
aggressive and menacing behavior.
(d) For the purposes of this section, the following definitions apply:
(1) “Aggressive animal” means any animal whose observable behavior causes a
person observing that behavior reasonably to believe that the animal may attack a
person or another animal without provocation. Police or military service canines
being utilized in an official capacity are excluded from this definition.
(2) “Menacing animal” means any animal which, through its behavior, causes a
person observing or subject to that behavior to be in reasonable fear for his or her
safety, or the safety of animals kept by him or her. Police or military service canines
being utilized in an official capacity are excluded from this definition.
(3) “Severe bodily injury” means any physical injury which results in deep
lacerations with separation of subcutaneous tissues, muscle tears or lacerations,
fractures or joint dislocations, or permanent impairment of locomotion or special
senses.
(e) The violation of this section shall be an infraction. The penalties for a
violation of this section shall be as follows:
(1) $350 for the first violation.
(2) $700 for the second violation of subsection (a) or (b) within one year.
(3) $1,000 for each additional violation of subsection (a) or (b) within one year.
(4) For the purposes of this section, a first violation of subsection A will be
deemed to have occurred if the menacing or aggressive animal is not confined as
required by subsection (c) within 24 hours of notification; a separate violation of
subsection A shall be deemed to exist for each 24-hour period following notification
in which an animal’s menacing or aggressive behavior continues unmitigated.”
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
ITEM NUMBER:
DATE:
Attachment 1
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________________
Tom O’Malley, Mayor
ATTEST:
______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
ORDINANCE NO._________
ORDINANCE AMENDING CHAPTER 9.16 OF THE COUTNY CODE, GENERAL PROVISIONS
The Board of Supervisors of the County of San Luis Obispo, State of California, does ordain as
follows:
Section 1: Chapter 9.16, Animals, Poultry and Household Pet, is hereby amended add section 9.16.030:
9.16.030 - Menacing and aggressive animals
a)It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which
threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private
property, unless it is contained in an enclosure of a construction adequate to keep it securely confined
and prevent its escape.
b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to
an enclosure or location which mitigates the aggressive and menacing behavior.
c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him to attack and
cause severe bodily injury or death to another domestic or captive animal while off the property of its
owner or keeper.
d)For the purposes of this section, the following definitions apply:
(1) An “aggressive animal” includes, but is not limited to, any animal whose behavior indicates it
is prone to unprovoked attacks against a person or other animal.
(2) A “menacing animal” includes, but is not limited to, any animal which, through its behavior,
demonstrates an intention to inflict harm or otherwise places a person in reasonable fear for
his or her safety, or the safety of animals kept by him or her.
(3) “Severe bodily injury” means any physical injury which results in deep lacerations with
separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations,
or permanent impairment of locomotion or special senses
e) Penalties for violation:
(1) $100 for the first violation.
(2) $200 for the second violation of subsection (a) or (c) within one year.
(3) $500) for each additional violation of subsection (a) or (c) within one year.
(4) For the purposes of this section, a separate violation of subsection (a) shall be judged to exist
for each 24 hour period in which an animal’s menacing and aggressive behavior continues
unmitigated.
f) Liability of property owners
(1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or
menacing animal may, along with the animal owner(s), be jointly and severally liable for
penalties related to violations of subsection (a), provided that they have received at least 14
days prior written notice of the existence of such violation and the violation has not been
abated.
Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall
not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance or the rules adopted hereby. The Board of Supervisors of
the County of San Luis Obispo hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more
other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 3: This ordinance shall take effect and be in full force and effect thirty (30) days after its passage
and before the expiration of fifteen (15) days after passage of this ordinance, it shall be published once
with the names, of the members of the Board of Supervisors voting for and against the ordinance in a
newspaper of general circulation published in the County of San Luis Obispo, State of California.
Introduced at a regular meeting of the Board of Supervisors held on the _______ day of
__________, 20___, and passed and adopted by the Board of Supervisors of the County of San Luis
Obispo, State of California, on the _______day of _________, 20____, by the following roll call vote, to
wit:
AYES:
NOES:
ABSENT:
_________________________________
Chairperson of the Board of Supervisors
of the County of San Luis Obispo
State of California
ATTEST:
_____________________________
County Clerk and Ex-Officio Clerk of
the Board of Supervisors, County of
San Luis Obispo State of California
APPROVED AS TO FORM AND LEGAL EFFECT:
WARREN R. JENSEN
By: ______________________________
Deputy County Counsel
Dated: ___________________________
C:~z~~d ~~l,?SCA-~/tC~'~a~ ..~.
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT is made and entered into by and between the County of San Luis Obispo, a
public entity m the State of California, ("County") and, Atascadero, an incorporated city in the
State of California, ("City")
WITNESSETH.
WHEREAS, County has established the Division of Animal Services to provide animal
care and control functions including the enforcement of the ordinances of San Luis Obispo
County Code Title 9 and of California state codes pertaining to the care, keeping, and
management of animals, and
WHEREAS, County, through Animal Services, maintains and operates an animal
shelter and a humane education program, and
WHEREAS, City is desirous of contracting with County for the provision of such
services,
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and
stipulations set forth herein, the parties hereby agree that County shall perform the services
described herein for the compensation set forth herein, subject to the terms and conditions set
forth herein.
1 Services. The parties agree to perform the services described m Exhibit A, attached
hereto and incorporated herein by reference as if set forth in full at this point.
2 Compensation. The parties agree to the compensation described m Exhibit B,
attached hereto and incorporated herein by reference as if set forth in full at this point.
3 Duration. The parties agree to the duration described in Exhibit C, attached hereto
and incorporated herein by reference as if set forth in full at this point.
4 General Conditions. The parties agree to the general conditions described in Exhibit
D, attached hereto and incorporated herein by reference as if set forth in full at this point.
5 Notices. Notices required m this contract shall be provided to
COUNTY
Eric Anderson, DVM
Animal Services Manager
PO Box 3760
San Luis Obispo, CA 93406
CITY
Jim Mulhall, Chief of Police
City of Atascadero
5505 El Camino Real
Atascadero, CA 93422
Page 1 of 2
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A
SCOPE OF SERVICES
1) Counter atg_ ions. The County shall perform the following duties.
a) Shelter Services
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner
surrendered, confiscated, quarantined and custodially impounded household pets are
received and provided with appropriate care, housing, and shelter services in
accordance with state regulations, local ordinances, and policies governing the
humane treatment of such animals
ii) Provide services allowing sheltered animals to be returned to their owners, adopted
into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports.
rv) Provide services for the humane euthanasia of household pets and for the disposal of
their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of local or
state codes pertaining to the care, keeping, treatment, and management of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day, seven
days a week:
1) Domestic animals posing an active and present threat to public safety
2) Domestic animals which are severely injured, ill, or m eminent risk and whose
owner is unknown or unavailable.
3) Domestic or wild animal demonstrating signs of possible rabies infection.
4) Calls for assistance from law enforcement or emergency response personnel
5) Reported animal bites where the animal remains in the area unconfined and whose
owner is unknown or unavailable.
6) Loose livestock roaming on roadways or other public areas.
Exhibit A, Page 1 of 3
2) Crt~Obli atgions. The Crty shall perform the following duties.
a) Ordinance Conformity Adopt, either by direct incorporation m the municipal code or by
way of reference, animal control ordinances which are in conformity to and are not in
substantial conflict or in variation from Chapter 9 of the San Luis Obispo County Code
b) Prosecution of Municipal Code Violations Through the Crty Attorney, provide for the
preparation, filing and civil or criminal prosecution of cases involving violation of
municipal codes, pertaining to the care, treatment, and keeping of animals, including all
such codes incorporated into the municipal code by way of reference
c) Assistance Provide such assistance and support to Animal Services personnel as may be
reasonably necessary to safely and effectively execute the operations required by this
contract wrthm the City limits.
3) Animal Care and Control Coordination Group. The County and Crty agree to meet and
confer periodically, along with other parties contracting for like services, during the term of
this Contract. Specifically, the Animal Services Manager will coordinate at least one meeting
each January, May, and September to review and discuss current issues as they relate to the
fiscal and practical application of this contract. Additional meetings may be held from time
to time as becomes necessary
Exhibit A, Page 3 of 3
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B
COMPENSATION
1) First Year Base Service Fee. The City agrees to pay to the County the amount of $239,233
for services provided under this Contract during the first year of service.
2) Annual Service Fee Adjustment: After the first year of service under this Contract and m the
event that a City Service Fee Determination has not been conducted pursuant to paragraph 4
of this exhibit within the preceding twelve (12) months, then an annual adjustment for
inflation will be made to the City Service Fee Inflationary adjustments will be calculated by
the county no later than May 1 St of each year and will become effective on July 1St of that
year
The inflationary adjustment factor will be determined by calculating the percentage increase
of the Consumer Price Index (CPI) during the preceding calendar year With regard to its
application to the terms of this Contract, the Consumer Price Index (CPI) refers to the
Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles-
Riverside-Orange Statistical Area, as published by the Bureau of Labor Statistics.
In the event there is a decrease m the CPI during the preceding calendar year, service fees
will remain unchanged.
3) Implementation of modified fees Prior to the annual adjustment in the Crty service fee or m
the event of a new City service fee determination, rates shall be adjusted following
notification from the Health Agency Director to City No further action by either party is
necessary to implement said rates.
4) City Service Fee Determination. There shall be regular, periodic reviews of service fee
assessed to the City at the following times or under the following circumstances
a) Service Fee Determination for Subsequent Contracts A service fee determination will be
completed by County 60 days prior to the termination of the contract for the purpose of
setting service fees for the subsequent contract term.
b) Annual Review at Option of County or Other Contracting Parties The County, City, or
any other party contracting with the County for like services during the term of this
contract shall have the right to require a service fee determination be performed on the
upcoming fiscal year's service fees by serving a written request for a rate review on the
other contracting parties prior to May 1St of the preceding fiscal~year The rate
determination will be completed by the County prior to June 30 and new Crty service
fees shall go into effect beginning July 1St of the following fiscal year
Exhibit B, Page 1 of 2
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C
DURATION
1) Effective Date. This contract shall be effective July 1, 2010 or fifteen (15) days following of
the date of the signature of the County, whichever is later The County shall be the last to
sign this contract.
2) Duration. The term of this Contract shall expire June 30, 2013 unless terminated sooner as
provided m Exhibit D
Exhibit C, page Page 1 of 1
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D
GENERAL CONDITIONS
1) Termination. Either party may terminate this contract at any time by giving the other party
thirty (30) days written notice of termination. Termination for convenience shall have no
effect upon the rights and obligations of the parties arising out of any services provided
occurring prior to the effective date of such termination. County shall be paid for all work
satisfactorily completed prior to the effective date of termination. In the event that the
contract is terminated prior to the conclusion of a quarterly billing cycle, the Crty shall remit
to the County a prorated amount based upon the number of days of service relative to the
total number of days in the billing cycle
2) Indemnification. Nothing in the provisions of this Contract is intended to create duties or
obligations to, or rights m third parties not party to this contract, or affect the legal liability of
either party to contract, by imposing any standard of care respecting the regulation and
enforcement of laws regarding animals different from the standard of care imposed by law
It is understood and agreed that neither City, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the County under or in connection with any work, authority or jurisdiction delegated
to the County under this Contract. It is also understood and agreed that pursuant to
Government Code 895 4, County shall defend, indemnify and save harmless the City, all
officers, and employees from all claims, suits or actions of every name, kind, and description
brought forth or on account of injuries or death of any person or damage to property resulting
from anything done or omitted to be done by the County under this Contract except as
otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or employee thereof, is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the Crty under or in connection with any work, authority or jurisdiction delegated to
the City under this Contract. It is also understood and agreed that pursuant to Government
Code Section 895 4, the City shall defend, indemnify and save harmless the County, all
officers and employees from all claims, suits or actions of every name, kind and description
brought fourth on account of injuries or death of any person or damage to property resulting
from anything done or omitted to be done by City under connection with any work, authority
or jurisdiction delegated to the Crty under this Agreement except as otherwise provided by
Statute.
3) Notices Any notice, payment, statement, or demand required or permitted to be given
hereunder by either party to the other shall be effected by personal delivery in writing or by
mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses
Exhibit D, Page 1 of 3