Beruflich Dokumente
Kultur Dokumente
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of September 5, 2017.
C. Notice of Completion: Adopt the proposed resolution accepting construction of the Giselman Street
Waterline Replacement Project, Bid 17-01 by Green Right OWay Constructors,
Inc., and authorize the filing of the Notice of Completion.
D. Application 2017-029: Approve Application No. 2017-029 with staff recommendations for the Konocti
Challenge Bicycling event to take place on City streets October 7, 2017.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a
Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.
B. Presentation: Presentation of Certificates of Appreciation for the sponsors of the 2017 National
Night Out event.
VI. COUNCIL BUSINESS:
A. Community Development Director:
1. Lakefront Revitalization Plan: Adopt the proposed resolution approving the Lakeport Lakefront Revitalization
Plan.
2. Solar Options: Authorize the City Manager to negotiate and execute a Program Development
Agreement with OpTerra Energy Services for an amount not to exceed $25,000,
subject to legal review.
B. Finance Director
1. Bond Refinancing: Adopt the proposed resolution authorizing the City Manager and Finance
Director to work with the financing team to refinance the Prior Bonds by issuing
wastewater revenue refunding bonds with a principal amount of approximately
$3,000,000.
C. Administrative Services Director
1. Background Investigators: Approve and authorize the City Manager to execute the proposed professional
services agreements with James Bauman dba Pacific Quest Investigations; Gary
City Council Agenda of September 19, 2017 Page 2
R. Buchholz dba LACO Investigation; Cline Investigations, LLC; and Bob Nishiyama
Investigations.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any:
VIII. ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to
staffs ability to post the documents before the meeting.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or
participate in the City meeting due to disability, to please contact the City Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
MINUTES
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, September 5, 2017
City Council Chambers, 225 Park Street, Lakeport, California 95453
CLOSED SESSION: Mayor Mattina called the meeting to order at 5:16 p.m.
Mayor Mattina adjourned the meeting to Closed Session at 5:16 p.m. to
consider:
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of August 15, 2017.
C. Warrants: Approve the warrant register of August 23, 2017.
D. New Classification: Approve a new classification for a Permit Technician with a salary range 38
earning $3,208 to $4,065 per month.
Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member
Turner, and unanimously carried by voice vote to accept the consent agenda,
items A-D.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input:
B. Employee Introduction: Chief Rasmussen introduced the newest Lakeport Police Department employee,
Police Officer Kaylene Strugnell.
VI. COUNCIL BUSINESS:
A. Public Works Director
1. Bid Award: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote to authorize the replacement of
City Council Minutes of September 5, 2017 Page 2
the 8 well pump and award the contract to Valley Pump & Motor Works, as
described in the bid package.
2. Informal Bid Award: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Parlet, seconded by Council Member
Turner, and unanimously carried by voice vote to authorize staff to proceed with
an informal bidding process to replace the failing HVAC system at the
Corporation Yard Office, and authorize a budget adjustment not to exceed
$20,000.00.
3. Sewer Pump Replacement: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote to authorize the purchase of a
new 45 HP Flygt Submersible Pump pursuant to the quoted amount and
authorize the City Manager to sign the purchase order.
4. Contract Change Orders: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Parlet, seconded by Council Member
Spurr, and unanimously carried by voice vote to authorize the City Manager to
sign Contract Change Orders No. 3, No. 4, and No. 5 with Green Right OWay
Constructors, Inc. for the additional work on the Giselman Waterline
Replacement Project.
B. City Manager
1. 2017 League of California Cities The staff report was presented by City Manager Silveira and Chief Rasmussen.
Annual Conference
Resolutions: A motion was made by Council Member Spurr, seconded by Council Member
Parlet, and unanimously carried by voice vote to direct the City of Lakeport's
voting delegate to the League of California Cities Annual Conference to support
the two (2) Resolutions provided in the Annual Conference Packet.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any: City Manager Silveira reported that Kevin Ingram has been appointed to the
Assistant City Manager assignment. Doug Grider will be Acting City Manager
next week in City Manager Silveira's absence.
City Attorney Ruderman reported he will be attending the League Conference.
Public Works Director Grider had no report.
Finance Director Walker had no report.
Administrative Services Director Buendia reported she will be attending a Risk
Management Conference next week.
Police Chief Rasmussen had no report.
Community Development Director Ingram had no report.
Council Member Barnes had no report.
Council Member Spurr had no report.
Council Member Turner had no report.
Council Member Parlet reported he is looking forward to the League Conference.
Mayor Mattina and Council Member Parlet attended the Lake County Economic
Outlook & Forecast II meeting, held August 23, 2017.
VIII. ADJOURNMENT: Mayor Mattina adjourned the meeting at 6:43 p.m.
City Council Minutes of September 5, 2017 Page 3
_______________________________________
Stacey Mattina, Mayor
Attest:
___________________________________________
Kelly Buendia, City Clerk
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Notice of Completion for Giselman St Waterline Replacement MEETING DATE: 9/19/2017
BACKGROUND/DISCUSSION:
On May 2, 2017, the City Council awarded a Construction Contract to Green Right OWay Constructors, Inc., for
the Giselman Street Waterline Replacement Project, Bid 17-01, in the amount of $393,068.00.
The City of Lakeport Public Works Department has reviewed the project and determined that it has been
completed in substantial compliance with the project plans and specifications. The total cost of the construction
contract came out to $447,469.92. There was $58,605.37 in contract change orders issued to install additional
fire hydrants to meet fire code requirements, replace all water services to each residence on Giselman and tie in
the water main at Sayre St to completely replace all water lines before the new pavement is placed.
OPTIONS:
No other options recommended
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS:
Move to adopt the proposed resolution accepting construction of the Giselman Street Waterline Replacement
Project, Bid 17-01 by Green Right OWay Constructors, Inc., and authorize the filing of the Notice of Completion.
Attachments: 1. Resolution
2. Notice of Completion
WHEREAS, the final inspection of the Giselman Waterline Replacement Project, Bid No 17-01, was made by the
City of Lakeports Public Works Department; and
WHEREAS, it was determined that the work for this project has been completed in substantial compliance with the
project plans and specifications.
1. The City Council hereby accepts the work as completed on the Giselman Waterline Replacement
Project, Bid No 17-01.
2. The City Manager is authorized and directed to execute the Notice of Completion to be filed with
the County of Lake.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Lakeport held on the
on the 19th day of September, 2017 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_______________________________
Stacy Mattina, Mayor
City of Lakeport
ATTEST:
_________________________________
Kelly Buendia, City Clerk
City of Lakeport
ATTACHMENT 2
RECORDING REQUESTED BY
City of Lakeport
225 Park St
Lakeport, CA 95453
Attn: Olivia Grupp
Notice of Completion
NOTICE is hereby given that:
1. The Undersigned is owner of the interest stated below in the property hereinafter described:
2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any
interest in such property is as follows:
City of Lakeport 225 Park Street , Lakeport, CA 95453 Fee Simple
(NAME OF UNDERSIGNED)
3. The names and addresses of the transferors of the undersigned owner: (to be shown if the undersigned is a
successor in interest of the owner who caused the improvement to be constructed, etc.)
5. The name of the CONTRACTOR for such work of improvement was Green Right O Way
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State
of California that I am the City Manager of the aforesaid interest or estate in
(PRESIDENT, PARTNER, MANAGER, AGENT, ETC.
the property described in the above notice; that I have read the said notice, that I know and understand the contents
thereof, and that the facts stated therein are true and correct.
September 19, 2017
Date and Place (Signature of person signing on behalf of owner))
REST STOPS
Womens Civic Club
Hendricks Road, Scotts Valley
RIDE DIRECTOR:
(707) 349-0815
Lakeport Rotary Club Presents
Konocti Challenge 20 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we
ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Big Valley.
0.0 Leaving Skylark Shores Resort turn 14.8 Right at Scotts Valley Road
Right onto Main Street (0.8 mi. to next turn)
(0.1 mi. to next turn)
15.6 Veer Right at Scotts Valley Road
0.1 Left at Clearlake Avenue (0.8 mi. to next turn)
5.0 Continue Right on Hill Road 19.7 Right onto 1st Street
(3.1 mi. to next turn) (0.1 mi to next turn)
8.1 Right at Hill Road East 19.8 Left onto Park Street
(0.2 mi. to next turn) (0.1 mi to next turn)
8.3 Right at Scotts Valley Road 19.9 Right onto 3rd with immediate left
(3.7 mi. to next turn) thru parking lot (0.1 mi to next turn)
40 MILES
Ride starts from Rest Stop 8.
REST STOPS
Kelseyville County Park
State Street, Kelseyville
RIDE DIRECTOR:
(707) 349-0815
Lakeport Rotary Club Presents
Konocti Challenge 39 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we
ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Lake County.
0.0 Leaving Skylark Shores Resort turn Right on Main 26.7 Right at Clark Drive
(0.1 mi. to next turn) (2.1 mi. to next turn)
15.6 Veer Right at Scotts Valley Road 38.5 Right at 1st Street (0.1 mi to next turn)
(0.8 mi. to next turn)
38.6 Left at Park Street (0.1 mi to next turn)
16.4 Right at Riggs Road
(1.0 mi. to next turn) 38.7 Right on 3rd Street then immediate left through
parking lot
17.4 Left at Martin (Riggs Rd turns into Martin Street). (0.1 mi to next turn)
(2.2 mi. to next turn)
38.8 Left at 5th Street (0.1 mi. to next turn)
19.6 Right at Main Street, Lakeport. Turns into Soda Bay
Road. Stay on Soda Bay Road 38.9 Right onto Main Street (0.2 miles to finish)
(6.3 mi. to next turn)
Finish at Skylark Shores Resort! ...................... 39 Miles!!
25.9 At Stop Sign, continue left on Soda Bay Road
(0.8 mi. to next turn)
65 MILES
METRIC CENTURY
Ride starts from Rest Stop 8.
REST STOPS
Indian Beach Resort
Highway 20, Clearlake Oaks
Anderson Marsh State Park
Highway 53, Lower Lake
Pt. Lakeview and
Soda Bay Road
Clearlake Riviera
Kelseyville County Park
State Street, Kelseyville
Skylark Shores Resort
Lakeport
RESTROOMS
Nice
Small park on right
Lucerne RIDE DIRECTOR:
Boat launch on right
Clearlake
(707) 349-0815
Austin Park on left
Lakeport Rotary Club Presents
Konocti Challenge 65 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment,
we ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please
ride single file at all times. Relax and enjoy your ride beautiful Clear Lake.
0.2 Right onto High Street. High St. becomes Lakeshore 46.3 Continue Right at Soda Bay Rd.
Blvd. and winds along the lake. (5.3 mi. to next turn) (4.9 mi. to next turn)
5.5 Right at Nice/Lucerne Cut-Off. 51.2 Bear left at Stop Sign continue on Soda Bay Rd.
(2.2 mi. to next turn) (3.9 mi. to next turn)
7.7 Right at Lakeshore Blvd. Extension. 55.1 Left at Clark Drive (2.0 mi. to next turn)
(Immediate right turn) .
57.1 Left at Gaddy Lane (0.6 mi to next turn)
7.7 Right at Lakeshore Blvd. (2.8 mi. to next turn)
57.7 Left at State Street (0.4 mi to Rest Stop)
9.0 Keeling Park. REST ROOMS
10.5 Right at Hwy. 20 (10.3 mi to Rest Stop) 58.1 REST STOP @ Kelseyville County Park
CLOSES at 5PM (9.3 mi. to Finish)
20.8 REST STOP @ Indian Beach Resort 58.1 Continue Left on State Street
CLOSES at 12PM (16.2 mi. to next Rest Stop) (0.1 mi to next turn)
20.8 Continue on East Hwy. 20 (4.9 mi. to next turn) 58.2 Right at Main Street (0.9 mi to intersection)
25.7 Right at Sulphur Bank Rd. (6.1 mi. to next turn) 59.1 Continue thru intersection onto Big Valley Rd
(0.5 mi to next intersection)
31.8 Straight (on Arrowhead) after Stop Sign.
(0.4 mi. to next turn) 59.6 Continue thru intersection onto Finley East Rd
(2.7 mi to next turn)
32.2 Right at Park Street (0.1 mi. to next turn).
62.3 Left onto Stone Drive (0.1 mi to next turn)
32.3 Straight (onto Lakeshore) after Stop Sign.
(2.1 mi. to next turn) 62.4 Right onto Big Valley Rd (1.6 mi to next turn)
33.0 Austin Park. REST ROOMS 64.0 Left at Soda Bay Rd. Just past sharp corner it turns
into Main Street (2.9 mi to next turn)
34.4 Right at Old Hwy. 53 (1.7 mi. to next turn)
66.9 Right at 1st Street (0.1 mi to next turn)
36.1 Right at Hwy. 53 (0.9 mi. to Rest Stop)
67.0 Left at Park (0.1 mi to next turn)
37.0 REST STOP @ Anderson Marsh State Park- 67.1 Right on 3rd Street then immediate Left thru parking
CLOSES at 1:30PM (9.3 mi. to next Rest Stop) lot Left on 5th Street (0.1 mi to next turn)
REST STOPS
Indian Beach Resort
Highway 20, Clearlake Oaks
Anderson Marsh State Park
Highway 53, Lower Lake
Middletown County Park
Wardlaw Street, Middletown
Yogi Bear Beaver Creek
Bottle Rock Road, Cobb
Pt. Lakeview & Soda Bay Road
Clearlake Riviera
Kelseyville County Park
State Street, Kelseyville
Skylark Shores Resort RIDE DIRECTOR:
Lakeport
(707) 349-0815
RESTROOMS
Nice, Small park on right
Lucerne, Boat launch on right
Clearlake, Austin Park on left
Lakeport Rotary Club Presents
Konocti Challenge 100 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we ask that you follow these simple rules of the
road. WEAR YOUR HELMET, it is mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Clear Lake.
32.3 Straight (onto Lakeshore) after 72.9 Right at Hwy. 29 101.2 Right at First Street.
Stop Sign. (2.1 mi. to next turn) (1.3 mi. to next turn) (.01 mi. to next turn)
33.0 Austin Park. REST ROOMS 74.2 Right at Hwy. 175 101.3 Left at Park Street
(3.1 mi. to next turn) (0.2 mi. to finish)
34.4 Right at Old Hwy. 53
(1.7 mi. to next turn) 77.3 Left at Red Hills Rd.
(2.1 mi. to next turn) Finish at the Skylark! ........ 101.5 mi
36.1 Right at Hwy. 53
(0.9 mi. to Rest Stop) 79.4 Straight at Red Hills Rd/
Hwy 29 - becomes Soda Bay Rd. ** Please check in at the Skylark and
(1.9mi to Rest Stop) enjoy your meal!!
No concerns.
Mark Wall
General Manager
Lake Transit Authority
(707) 263-7868
(559) 280-0696 Mobile
Hi all,
I am resending the attached application 2017-029 029 for the 2017 Konocti Challenge event, for
your review and comments. I had sent it out last week and received no comments back.
We would like to submit this for City Council approval at the 09/19/2017 meeting, so please have
your comments back to me by Friday morning 09/15/2017.
Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x12
hbritton@cityoflakeport.com
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Review and adoption of the Lakeport Lakefront Revitalization MEETING DATE: 9/19/2017
Plan (OA 17-02)
Kevin M. Ingram, Community Development Director
SUBMITTED BY:
BACKGROUND/DISCUSSION:
The primary study area for the Lakeport Lakefront Revitalization Plan includes public and private property along
the lakefront between Clear Lake Avenue to the north and C Street to the south. Although not focused upon the
historic downtown area the Plan does analyze the importance of strengthening the connectivity between both
the downtown area and the lakefront. Previous planning efforts developed a vision for the lakefront area by
identifying potential areas for redevelopment and reinvestment. However, with current economic limitations and
no redevelopment agencies that could provide incentives, the ability to attract reinvestment has been challenging.
Understanding that resources for implementation are limited and more likely to occur in an incremental fashion
this Plan breaks the lakefront area down into specialized defined areas outlining flexible and realistic
implementation recommendations aimed at developing the communitys vision for this important area.
On December 10, 2015, the City of Lakeport, with a combination of local funding and a grant from the California
Department of Housing and Community Development (CDBG), distributed a Request for Proposal for the
Lakeport Lakefront Revitalization Plan. Following review, the City selected Design Workshop to prepare the plan.
Design Workshop together with the City of Lakeport held a number of public meetings and outreach to gather
public input. From initial public outreach efforts, Design Workshop prepared four alternative maps that further
assisted the community in outlining its collective vision for the project area. This input was then ultimately aided
in the development of the key priorities and final implementation recommendations contained in Sections 3.9
and 4.0 of the Plan.
ENVIRONMENTAL REVIEW
Under Section 15262, Statutory Exemptions of the California Environmental Quality Act (CEQA), feasibility and
planning studies for future actions which the agency, board or commission has not approved, adopted, or funded
does not require the preparation of an EIR or a Negative Declaration. The implementation of specific projects
outlined in this plan would be subject to individual review under CEQA.
OPTIONS:
1. Adopt the proposed resolution and approve the Lakeport Lakefront Revitalization Plan.
3. Take no action or take action to deny the proposed plan. Alternatively, the City Council could provide other
direction.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
SUGGESTED MOTION:
Move to adopt the proposed resolution approving the Lakeport Lakefront Revitalization Plan.
Attachments: 1. Resolution
2. Draft Lakeport Lakefront Revitalization Plan
WHEREAS, the lakefront area plays a critical role in the Citys social and economic
identity, for both its residents and visitors alike; and
WHEREAS, in 2015 the City of Lakeport received a Community Development Block Grant
(CDBG) to conduct a planning effort aimed at identifying opportunities to improve the lakefront
area physically, environmentally, economically and socially; and
WHEREAS, the City of Lakeport determined existing lakefront plans did not adequately
address the current needs of the downtown lakefront properties in the city and requested a
new lakefront revitalization plan that develops a roadmap for future development, economic
development and overall vitality of the downtown community; and
WHEREAS, the Lakeport Lakefront Revitalization Plan is consistent with the Lakeport
General Plan, specifically the Land Use, Economic Development and Community Design
Elements; and
WHEREAS, the City of Lakeport Planning Commission has conducted a public hearing
(August 9, 2017) and made a recommendation to the City Council to adopt the proposed
Lakeport Lakefront Revitalization Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport that it
hereby adopts the Lakeport Lakefront Revitalization Plan.
The foregoing Resolution was passed and adopted at a regular meeting of the City
Council on the 19th day of September, 2017, by the following vote:
184442.1
ATTACHMENT 1
AYES:
NOES:
ABSTAINING:
ABSENT:
___________________________________
STACEY MATTINA, Mayor
ATTEST:
_______________________________
KELLY BUENDIA, City Clerk
184442.1
ATTACHMENT 2
LAKEPORT LAKEFRONT
REVITALIZATION PLAN
P R E PA R E D F O R T H E C I T Y O F L A K E P O R T
M AY 2 0 17
P R E PA R E D B Y
12 8 M A R K E T S T R E E T, S U I T E 3 E , P O B O X 5 6 6 6
S TAT E L I N E , N V 8 9 4 4 9
775.588.5929
ATTACHMENT 2
ii |
ATTACHMENT 2
CONTENTS
1.0 INTRODUCTION 1
1.1 INTRODUCTION 2
1.2 PROJECT AREA 2
1.3 PROJECT PUPROSE 2
1.4 PROJECT PROCESS 4
2.0 EXISTING INFORMATION & SITE ANALYSIS 7
2.1 INTRODUCTION 8
2.2 GOALS 8
2.3 EXISTING STUDIES 8
2.4 EXISTING CONDITIONS 10
2.5 PUBLIC OUTREACH EFFORTS 14
2.6 REAL ESTATE AND MARKET ASSESSMENT 18
2.7 ENVIRONMENTAL ASSESSMENT 22
2.8 ENVIRONMENTAL ASSESSMENT 25
3.0 PRELIMINARY CONCEPTS 33
3.1 PRELIMINARY CONCEPT ALTERNATIVES 34
3.2 ALTERNATIVE 1 34
3.3 ALTERNATIVE 2 38
3.4 ALTERNATIVE 3 40
3.5 ALTERNATIVE 3A 42
3.6 KEY FINDINGS 44
3.7 PREFERRED ALTERNATIVE 46
3.8 ECONOMIC ASSESSMENT OF HOTEL ALTERNATIVES 46
3.9 KEY PRIORITIES 47
4.0 FINAL RECOMMENDATION & IMPLEMENTATION 49
4.1 FINAL RECOMMENDATIONS & IMPLEMENTATION 50
4.2 MULTI-USE EVENT SPACE REVITALIZATION ZONE 54
5.0 APPENDIX 89
6.1 PUBLIC MEETING & SURVEY RESULTS 90
6.2 MARKET ASSESSMENT REPORT (ATTACHMENT)
6.3 EVALUATION OF ALTERNATIVES MEMO (ATTACHMENT)
6.4 ENVIRONMENTAL RESOURCES
CONSTRAINTS ANALYSIS (ATTACHMENT)
ATTACHMENT 2
PROJECT
iv | TITLE | Project City, State
ATTACHMENT 2
1.0 INTRODUCTION
1
ATTACHMENT 2
1.1 INTRODUCTION
The City of Lakeport (City) is located on the western shore of Clear Lake, a natural lake
with over 100 miles of shoreline, located in Lake County (County), California. Lakeport is
the County seat and the only other incorporated city within the County is Clearlake. As
the County seat, the City benefits from a higher percentage of employment in the public
sector which tends to result in a stable workforce in the areas of legal services, healthcare
occupations, administration support, financial occupations, community services and media
and forestry occupations. This helps to support a higher level of commercial and retail
businesses, yet over the years the County and City have seen a decline in visitors that has
impacted the economic health of the area.
Historically, Clear Lake has been a destination for water-oriented summer recreation for
those residing in northern California and specifically the Bay Area. The City of Lakeport
boasts the finest boat ramps and lake access on Clear Lake and all access points are free.
Lakeport has three primary points of access to Clear Lake at First, Third and Fifth streets.
Seven lanes of boat access to Clear Lake are available at these three ramp facilities. The City,
with approximately 3.8 miles of shoreline, a public marina and recreation-based businesses,
has attracted a high number of visitors interested in boating, fishing and other water-related
activities. Over the years there has been a number of factors that have resulted in the decline
of visitors to the area which have lead to the decline of business activity and growth in the
region. These include but are not limited to the development of reservoirs providing similar
recreation activities, the closing of Konocti Harbor Resort and Spa, the water quality of Clear
Lake and the growth of the Napa Valley wine industry. However, in recent years with the
expansion of the wine industry in Lake County, housing prices in surrounding counties, and
an influx of retired people with free time, there has been an increase of interest and activity
in the county and the city.
Recognizing that the lakefront area plays a critical role in the Citys identity for both the
residents and visitors, this planning effort is focused on identifying opportunities to improve
the lakefront area physically, environmentally, economically and socially. This study is funded
in part by the California Department of Housing and Community Development (CDBG) and
by the City of Lakeport.
2 | Introduction
ATTACHMENT 2
Clearlake Ave
PROJECT AREA
LAKEPORT 11th Street
Forbes Street
Brush Street
High Street
Main Street
PRIVATE
MOTEL ZONE
Forbes Street
Brush Street
Main Street
SANTA ROSA
High Street
10th Street 9th Street
Lakeport
Police
SAN FRANCISCO
PROJECT AREA
Dept.
9th Street CITY
FORMER
NATURAL HIGH
7th Street 6th Street
PROJECT AREA
CLEAR LAKE
6th Street 5th Street Public Boat Launch PUBLIC BOAT LAUNCH
PROJECT BOUNDARY
CLEAR LAKE
Main
29
PROJECT BOUNDARY
5th Street
LAKEPORT CITY LIMITS 4th Street PUBLIC BOAT LAUNCH
Lakeport
Fire Dept.
CLEAR LAKE
4th Street
3rd Street Public Boat Launch PUBLIC BOAT LAUNCH
PROJECT AREA
Figure 3: Context Map Lake County Lake County
Superior Court Museum
City
Hall
3rd Street PUBLIC BOAT LAUNCH
Library
2nd Street Park
Park Street
Museum
Main Street
City
Brush Street
High Street
Hall
2nd Street LIBRARY
PARK
PUBLIC BOAT LAUNCH
Forbes Street
Main Street
High Street
PROJECT AREA
Lake
ArmstrongCounty
Street
Career eek
Forbes Cr
Center
PRIVATE
WILLOW
Armstrong Street POINT
FORBES CRE
Martin Street E K
PROJECT AREA
Soper Reese
Community
Theatre
Martin Street
C Street C STREET
Lake County PROPERTY
Fair Grounds Lakeport Lakefront Revitalization Plan
City of Lakeport, California
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100'
C Street
Figure 2: Project
LAKEPORT
Lakeport StudyRevitalization
LAKEFRONT
Lakefront Area
REVITALIZATION
Plan PLAN Project Area
LAKEPORT, CA CITYCalifornia
City of Lakeport, OF LAKEPORT AUGUST 2016
DESIGN WORKSHOP
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 3 Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100' June 24, 2016
ATTACHMENT 2
Management Team Meetings (MT): This includes key staff from the City and
the Design Team. Meetings and phone calls were held throughout the process to
discuss elements such as public outreach and outcomes from these meetings, review
preliminary assessments, reports and plans and to discuss management aspects such as
project schedule, progress and project deliverables.
Stakeholder Meetings: Meetings with key user groups and/ or business owners and
individuals that have an interest in the redevelopment and reinvestment in the waterfront
and the downtown area were conducted.
Lakeport Unified School District Meetings: Since the Natural High property owned by
the LUSD makes up approximately 33% of the public open space in the lakefront project
area and is currently underutilized, it was critical to understand the options available for
improvements on the property and opportunities for joint venture with the City if the
LUSD retains ownership.
Lakeport Summer Concert Booth: To reach a broader audience in the community that
may not necessarily attend a public meeting, the Design Team set up a booth at the
June 24 Concert In The Park to solicit opinions about the Lakeport.
Public Forums: Two Public Forums were held to present information and ideas to the
community and discuss their thoughts related to the information provided.
Surveys: Online surveys were available for those unable to attend the public forums
where the information and questions presented at the meetings were available for
reviewing and responding.
Presentations to Boards
Presentations by City staff: Presentations were made to LUSD school board and High
School Senior Government classes.
This plan was developed in four phases. The first phase included reviewing previous work
that was done for the City and specifically the lakefront area, assessing the existing site
conditions through field inventory and base mapping, data and a market assessment of the
region. This is summarized in Section Two, Existing Information & Site Analysis Section.
With information from the community, preliminary concepts were prepared that captured
ideas in various alternatives, summarized the benefits and challenges to these alternatives
and gathered feedback from the community and stakeholders. While the study is focused on
the lakefront area, the relationship of the downtown Main Street district and the businesses
that front onto the lake were considered when developing alternatives for the lakefront area.
This is summarized in Section Three, Preliminary Alternatives.
Based on direction from the City and input from the community a draft preferred plan was
prepared which captured the best aspects of the alternatives and aligned with the market
study. Recommendations for improvements to publicly-owned land as well as opportunities
for key private properties that could play a large role in the future of the lakefront were
explored and included. This is summarized in Section Four, Preferred Plan.
With additional public input and direction from City staff and elected officials, a final master
plan and implementation strategies were prepared. This is summarized in Section Five,
Final Recommendations and Implementation.
4 | Introduction
ATTACHMENT 2
PROCESS
GE
NE Stakeholder Meetings Information Gathering
RA
MANAGEMENT TEAM MEETING
L
Obtain Feedback,
Public Meeting #1 Suggestions and Ideas
Presentation
to
Review w/ Planning
SP
Board
Commission & City Council
EC
IFI
C
Final Presentation
SCHEDULE
2.0 EXISTING
INFORMATION &
SITE ANALYSIS
7
ATTACHMENT 2
2.1 INTRODUCTION
This section is focused on understanding the existing physical, environmental and market
conditions related to the waterfront area. Existing land uses and previous planning efforts
were reviewed and examples of other waterfront developments that provide insight to
opportunities for Lakeport were provided.
As part of the process establishing some goals and objectives enabled the City, the design
team and the community to identify the critical elements this process and the final master
plan should achieve for the lakefront area. To help identify some initial goals for the project,
a project kick-off meeting occurred with City staff and the design team to achieve the
following:
2.2 GOALS
The Lakeport Lakefront Revitalization Plan will serve as a guiding document for the
community, City staff and elected officials when making future decisions for improving the
quality of the waterfront area. The following provides an overview of what will be included in
the final document:
Identifying the current use of the parcels, underutilized parcels, and the best use for
those properties that maximizes their potential economic viability.
Identify both short-term and long-term goals for the shoreline area
Identify the best use of all vacant and under-utilized properties in the study area.
Develop a plan that strengthens the connections between the City of Lakeports downtown
commercial area and Clear Lake with regard to economic, commercial and recreational
opportunities for those properties adjacent to the lake
City of Lakeport Redevelopment Study Area Master Plan, prepared by PMC, dated 2009.
This plan showed aggressive redevelopment from Third Street to Clear Lake Avenue
extending from the shoreline to Main Street. The proposed improvements on this plan
show the removal of nearly all buildings within this area with an emphasis on a new,
mixed-use program.
City of Lakeport Conceptual Lakefront Master Plan, prepared by Green Valley Consulting
Engineers, dated 2008. This master plan consists of a site plan showing proposed
improvements on private land, City land and school district land from First Street to Clear
Lake Avenue extending from the shoreline to Main Street. Significant improvements are
shown removing buildings and reshaping Dutch Harbor including two new hotels, retail/
restaurant buildings, and a pedestrian promenade with a bridge over Dutch Harbor. No
elements of the plan were implemented.
Lakefront Park Master Plan, prepared by Roberts Associates, dated 1987. This plan
showed improvements from First Street to Dutch Harbor with a central piece being a
new pier and marina centered on Fourth Street. A park and sports fields were proposed
at the Natural High property along with a reconfiguration of Library Park.
City of Lakeport General Plan Land Use Designations, prepared by Quad Knopf, dated
2009. This map shows land use designations for all properties within the City. It should
be noted that some designations are in conflict with the Citys zoning map.
Clearlake Ave
PROJECT AREA
11th Street
Forbes Street
Brush Street
High Street
Main Street
PRIVATE
MOTEL ZONE
Forbes Street
Brush Street
Main Street
High Street
10th Street 9th Street
Lakeport
Police
PROJECT AREA
Dept.
9th Street CITY
Former Natural
High
7th Street FORMER NATURAL
HIGH
FORMER
NATURAL HIGH
7th Street 6th Street
PROJECT AREA
6th Street 5th Street Public Boat Launch PUBLIC BOAT LAUNCH
5th Street
MAIN STREET BUSINESS DISTRICT
CLEAR LAKE
LAKEFRONT BUSINESS DISTRICT
Lakeport
Fire Dept.
CLEAR LAKE
PRIMARY STUDY AREA
4th Street
3rd Street Public Boat Launch PUBLIC BOAT LAUNCH
PROJECT AREA
Museum
Main Street
City
Brush Street
High Street
Hall
2nd Street LIBRARY
PARK
PUBLIC BOAT LAUNCH
Forbes Street
Main Street
High Street
PROJECT AREA
Lake
ArmstrongCounty
Street
Career eek
Forbes Cr
Center
PRIVATE
WILLOW
Armstrong Street POINT
FORBES CRE
Martin Street EK
PROJECT AREA
Soper Reese
Community
Theatre
Martin Street
C Street C STREET
Lake County PROPERTY
Fair Grounds Lakeport Lakefront Revitalization Plan
City of Lakeport, California
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100'
C Street
LAKEPORT
Figure
Lakeport LAKEFRONT
4: Study REVITALIZATION
AreaRevitalization
Lakefront Plan PLAN Project Area
LAKEPORT, CA CITYCalifornia
City of Lakeport, OF LAKEPORT AUGUST 2016
DESIGN WORKSHOP
Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100' June 24, 2016
year the seaplane fly in event called the Clear Lake Because of the proximity to the lakefront business
Splash In stages planes out of the water on this district, retail and commercial opportunities for
large open area. these private properties would best take advantage
Public Land from Sixth Street to First Street: This of their unique setting. The existing commercial
can be described as the working portion of the property at the end of First Street and on the
lakefront area. It provides parking for vehicles with water could provide a unique waterfront restaurant
and without boat trailers, public boat ramps and opportunity with investment and redevelopment
parking for public parking for Library Park (described of the property. One popular restaurant that could
below), City offices and the businesses that serve as a model for redevelopment is the Park
comprise the Lakeport Business District. Much of Place. Additional opportunities exist along Park
the area is dominated by boat parking and services Street and with the creation of vibrant alleys that
and lacks clear pedestrian connectivity to the Main run North-South behind the Main Street buildings.
Street district. The Lakefront Business District benefits from its
Private Property from First Street to C Street immediate adjacency to the lake, park and open
(Willow Point): As described previously, this spaces. Yet there are under-utilized properties,
privately-owned land is used primarily as long-term small parcels which can restrict larger businesses
residential and seasonal camping with the land and lack visibility for those traveling through the
next to C Street vacant. The boat ramp area to the city on Main Street. Even with City Hall and public
north of this property has been used primarily as services located in the area, the area seems to
a non-motorized vessel launch and rentals. The struggle with developing and maintaining a vibrant
commercial property has provided waterfront dining business district.
yet has remained vacant in recent years. Willow Main Street Business District
Point has been a focus of potential development This area includes the parcels that front Main Street and
in the recent past and is currently being assessed
create the core of Lakeports downtown. Our initial site
by property owners. Because of the limited
fixed facilities on-site, and the size of each of the observations for this area are as follows.
properties, this area has the potential of elevating
The Main Street Business District appears to be
the overall character, clientele and experience in the
active with most retail and commercial space
project area.
leased or locally owned and operated. Several
Lakefront Business District financial institutions are along Main Street which are
The Lakefront Business District benefits from its auto oriented and not consistent with the Historic
immediate adjacency to the lake, park and open spaces. character of Downtown.
This area includes the land adjacent to the Lakefront Architecturally the buildings within the blocks of
area and the Main Street Business District. It includes First Street and Fourth Street reflect the historic
character of the City and include many of the
both public and private ownership. Our initial site walkable aspects of a downtown experience.
observations for this area are as follows. Included in this area is the Lake County Museum,
restaurants, and shopping. However, there are still
Private Property from Clear Lake Avenue to City-
some prime storefront that remain vacant. This
owned Property near Tenth Street: There is no
area recently has recently been improved in 2016
property defined as Lakefront Business District in
with new sidewalks, curbs and gutter and site
this section as all but one property extends from
furnishing to improve the pedestrian experience.
the lake edge to Main Street.
Yet much of the activity that occurs in this area is
City Property (including Dutch Harbor) and County- focused around daily business hours and many of
owned school site: There is no property defined as the establishments are closed in the early evening
Lakefront Business District in this section. reducing the opportunity for evening activity in this
Private Land from Fifth Street to First Street: This area.
area has the greatest opportunity for improving the
lakefront area from an economic perspective. Yet L AND USES/ OWNERSHIP
there are under-utilized properties, small parcels Per the Citys General Plan, the land uses within the
which can restrict larger businesses and lack of project area comprise of the following.
visibility for those traveling through the city on
Main Street. Even with City Hall and public services Primary Study Area: The total Study area is
located in the area, the area seems to struggle approximately 39 acres.
with developing and maintaining a vibrant business Resort Residential: This is approximately 16.8
district. acres in size and makes up approximately 43% of
Private Property from First Street to C Street: lakefront project area. Property is both privately and
2.5 PUBLIC OUTREACH EFFORTS and participants were divided into three groups, provided
base maps of the area and ask to illustrate their thoughts
STAKEHOLDER MEETINGS
around key aspects of the project area on the maps. The
Meetings with key user groups and/ or individuals that
following is a summary of these meetings with the full
have an interest in the redevelopment and reinvestment
meeting minutes included in the appendix.
in the waterfront and the downtown area were
conducted on May 11, 2016. To accommodate various Preliminary Goals
schedules and interest of stakeholders there were three Circulation
meetings held over the course of the day in which the Create a pedestrian loop along waterfront and
same information was presented and discussed. These downtown with bridges and boardwalks
include the following: Provide connections to neighborhood
Use vegetation to separate downtown from
Business Owners Stakeholder Meeting:
neighborhood
1:30 pm - 2:45 pm
Provide connected bike paths
Lakeport Main Street Association
Tie promenade in with Esplanade
Lakeport Economic Development Advisory
Committee (LEDAC) Public Spaces
Lakefront provides opportunity for paths/ parks
Lake County Chamber of Commerce
Willow Point is a huge opportunity, City to work
User Groups/ Organizations (Boating, fishing, with private property owners
water sports)
More people should arrive by boat, improve boat-
City and Public Agency Stakeholder Meeting: ablity and connections from docks
3:00 pm - 4:15 pm
Take advantage where the street runs to the lake
Environmental/ Nonprofit Groups Bring in a ferry, bring back the port
Agencies and other City departments Take advantage of County public spaces
Stakeholder Outreach Meeting: Provide interpretative and wayfinding signage
5:30 pm 7:30 p Highlight Forbes Creek with trail and
At the meetings, an overview of the project was environmental improvements
provided and a discussion around the groups thoughts Natural High and Dutch Harbor improvements
regarding the strengths, weaknesses, opportunities Environment
and concerns related to the city and the lakefront area Improve Forbes Creek
occurred. In addition at the evening meeting a keypad Improve and open space at Natural High
polling exercise was conducted which asked a series of Improve creek on Tenth Street
questions related to the downtown and lakefront area More osprey nests
Create a cohesive low water use landscape
L AKEPORT L AKEFRONT REVITALIZ ATION PL AN
STAKEHOLDER OUTREACH - MAY 11, 2016 Soften the downtown and waterfront area
with more plants, there is a lot buildings and
hardscape now
Economics
More events
Lakeport Lakefront Revitalization Plan Lakefront amphitheater and other venues in
Stakeholder Outreach addition to Library Park gazebo
May 11, 2016
PROJECT DESCRIPTION
The lakefront area plays a critical role in the City of Lakeports identity while providing a wide range of
recreation opportunities for residents and visitors and an important environmental resource for wildlife. With
Downtown Lakeport and Main Street a block from waters edge, improving the visual and physical connections
Marina with ability to lease out spots and slip fees
Bring in regular base of tourists
will reinforce the importance between the business district and the lake. There have been previous efforts to
develop a vision for the lakefront area yet with current challenges, such as the lack of incentives redevelopment
agencies could provide, the ability to attract reinvestment into communities such as Lakeport have been
challenging.
We will take an implementable approach in developing the Lakeport Lakefront Revitalization Plan by
understanding existing land uses, current market conditions and community needs. With this information we
will develop a master plan that will illustrate opportunities within the project area for improving public access
Provide consistency between downtown and
and recreation, summarize areas for improving the natural environment and identify opportunity sites for
redevelopment and reinvestment. The plan will provide the community and elected officials with a road map for
future improvements as well as encouraging reinvestment.
lakefront, tie in visually
AGENDA - MAY 11, 2016 5:30 PM - 7:30 PM
Welcome & Project Overview - 10 Minutes
Project Team & Introductions
Project Area
What are your visions for the Lakeport area? What do you feel is missing from the lakefront area?
Votes Visions for Lakeport area Votes Amenities missing from the lakefront
DANIEL CHANCE,
CIT Y OF L AKEPORT
707.263.5615 E X T. 19
DCHANCE@ CIT YOFL AKEPORT.COM
C STREET
Public Forum
July 6, 2016
Riparian and Wetland Habitats: The Clear Lake hitch is a native freshwater fish
Riparian and wetland habitats are continuous along species that is endemic to the tributaries, vegetated
the Clear Lake shoreline and drainages in the project sloughs, and open surface waters of Clear Lake.
This species is a migratory fish and historically
area. Vernal pools are seasonal wetlands in the form of utilized the tributaries of Clear Lake for spawning
shallow pools and depressions above an impervious or habitat during the spring months and would return
semi-impervious substrate that does not allow water to the lake before the streams dried or reduced
to percolate through the soil column. Four very shallow in flow enough to create migration barriers. There
vernal pools in the Willow Point area were observed have also been reports of the Clear Lake hitch
spawning in the gravelly shore areas of the lake.
and historic aerial imagery and current site conditions
Currently the only known spawning habitat is
were reviewed. It appears this area has received located in Kelsey Creek and Adobe Creek and to a
periodical surficial soil disturbance from what appears lesser extent in Middle, Scotts, Cole and Manning
to be scraping and/or grading to expose new bare earth creeks. Forbes Creek, located in the project area, is
roadways. a historic spawning area for the Clear Lake hitch;
however, spawning is not known to occur in Forbes
Special Status Plant Species: Creek currently.
Bent flowered fiddleneck is an annual plant species The osprey is a piscivorous raptor species found
known to occur in valley and foothill grasslands. Its near marine and fresh, fish bearing bodies of water.
blooming period or period of identification is typically Ospreys nest in the top of large trees typically
near open water habitats but may also nest up
from March to June. A known occurrence, recorded in
to 15 miles away from foraging habitat. A single
2010, is located approximately 0.6 mile southwest of osprey was observed as a fly over during the
the southern project area boundary. Limited habitat for reconnaissance survey; however, no nest sites
this species is in the grassy ruderal areas of the project were observed. The presence of osprey in the
area. However, the likelihood of this species occurring project area should be assumed.
in this area is very low. The tricolored blackbird is a non-migratory, colonial
nesting bird closely associated with aquatic habitats.
Special Status Animal Species: This species nests in emergent vegetation such as
The Sacramento perch is a native freshwater fish tules and cattails but may also nest in shrub and
species that is known to occur in vegetated sloughs, tree thickets adjacent to water. Small stands of
pools of slow flowing rivers, and lakes. Optimal this habitat are present but are likely too small to
habitat for this species is present in the lacustrine support a nesting colony of the tricolored blackbird.
and riverine non- persistent emergent habitat areas This species has the potential to be present in the
located in the project area. The CNDDB records project area, as described, where there is the least
indicate the most recent record was from 1937 and amount of disturbance.
this species is possibly extirpated from Clear Lake.
Therefore the likelihood of this species occurring in
the project area is very low.
The western pond turtle is most commonly found ENVIRONMENTAL CONCLUSIONS AND
in lakes, ponds, marshes, rivers, streams, and RECOMMENDATIONS
irrigation ditches among woodlands, grasslands The project area contains suitable habitat for special
and open forests, from elevations near sea level
to over 5,000 feet. Western pond turtles require status species and sensitive habitat areas that are
terrestrial habitat for nesting and also use terrestrial protected by state and and/or federal regulations. The
habitats to migrate or disperse, overwinter and following studies are recommended to address potential
aestivate. This species will often utilize floating project-related impacts to sensitive biological and
vegetation or emergent logs and boulders for aquatic resources:
basking sites. The Willow Point area at the south
end of the project area has the most suitable A jurisdictional delineation will likely be required to
year-round habitat for the western pond turtle. identify and map potentially jurisdictional features
The closest recorded habitat area is located near within the project area that may be impacted by
Kelseyville approximately 3.6 miles southeast of project activities.
the project area. While no western pond turtles or
their sign were observed during the reconnaissance Project impacts to jurisdictional waters, including
survey, their presence in the project area should be wetlands, typically require a Department of
assumed. the Army permit from the USACE and a Water
Quality Certification from the RWQCB. Impacts
to jurisdictional waters that also qualify as
streams, lakes or riparian habitat typically require a
Streambed Alteration Agreement from the CDFW.
If potential USACE jurisdiction cannot be avoided,
the jurisdictional delineation should be submitted
with a request for an Approved or Preliminary
Jurisdictional Determination and the project would
be evaluated to determine if it would qualify for a
Clear Lake Hitch Section 404 Nationwide Permit or if an Individual
Permit would be required to obtain USACE approval
of the project.
Standard mitigation measures for impacts to
waters of the U.S. and State would generally
include avoidance and minimization of impacts to
jurisdictional features and compensatory mitigation
for impacts to jurisdictional features where
avoidance is not practicable.
Because the project area is located within the
Mountain House Conservation Bank and the Seigler
Sacramento Perch Valley Wetland Mitigation Bank service areas,
purchasing mitigation bank credits is a potential
mitigation option.
Botanical resource surveys will likely be required
in grassy ruderal areas of the project area and
should be conducted between March and June to
adequately identify bent flowered fiddleneck during
its blooming period, if present.
Tricolored Blackbird Special Status and General Animal Species Project
implementation has the potential to impact fish
and wildlife within adjacent areas resulting from
increased noise, lighting, trash, and human
presence during construction which can be
mitigated with proper precautions and monitoring.
PRECEDENT STUDIES
HARRISON AVENUE TO LAKEVIEW COMMONS
South Lake Tahoe, California
SIZE: 6 ACRES
PROGRAM: Terraced event space, picnic tables, lawn, plaza, wayfinding signage, bike paths,
bus stop, concessionaire
The Harrison Avenue business district is a classic example of an area built in the beginning of automobile dominance.
Located adjacent to one of the most scenic beach fronts in South Lake Tahoe, it serves as a model for positive
business transformation and joint partnership between the City and the business owners.
The creation of a special district provided the private funding mechanism to ensure the Citys investment into this
area would result in sustainable change. Working extensively with business and property owners a design for this
5 block district was developed that embraced the unique architecture and connected the commercial area with the
surrounding natural environment. Existing conflicts between pedestrians, bicyclists and vehicles have been resolved
to improve overall safety as well preserving commercial parking spaces. Connectivity to adjacent destinations such
as the lake, recreation center and the school district have been improved with new sidewalks and a bike path. The
resulting improvements to the pedestrian and cyclist experience has promoted alternative modes of transportation.
Creative options for new community gathering spaces are knit into the design along with benches, bike racks, and
pedestrian lighting. Options for temporary street closures allow for larger special event space.
In relationship to the revitalization of the Lakeport lakefront, the Harrison Ave project is an excellent example of
enhancing locals businesses by creating strong connections between the lakefront and main street. Additionaly, the
scale of the event space, open space and flexible plaza space is appropriately applicable to Lakeport.
PRECEDENT STUDIES
Owensboro Riverfront
Owensboro, Kentucky
EDSA has led a series of sustained community consensus building efforts resulting in a master plan for riverfront
development and implementation of several strategic projects including outdoor patio improvements at the local
cultural center, a public/private partnership to create an outdoor amphitheater and plaza, relocation of a boat ramp
which turned into a gateway park on the Ohio River and ongoing efforts in developing a world-class riverfront park.
The Owensboro Riverfront, although much grander in scale, is relevant to the Lakeport lakefront by exhibiting an
array of programming and how each work together to provide a cohesive experience for the user. The programming
consists of elements similar to what the City is considering for their lakefront and begins to paint a picture of what
that could look like.
PRECEDENT STUDIES
Cumberland Park
Nashville, Tennessee
The park is an integral part of the larger city effort to encourage non-motorized transportation and use of public
transit, introducing a new trail head for cycle networks and greenways. The park also restores native riparian buffer,
reduces un-shaded pavement by 60%, increases native plant biodiversity 100%, utilizes regional materials and
manufacturers to stimulate local economy, and captures an estimated 1,000,000 gallons of stormwater annually to
be reused as irrigation. Cumberland Park and the neighboring redeveloped Bridge Building are the first constructed
phases of a master plan prioritized to draw residents and visitors back to the river and downtown.
The applicability of Cumberland Park to Lakeports lakefront relies strongly on the parks trail system and committment
to sustainability. The park provides a trail system that helps to tie the lakefront together, act as a greenway connection
for the community and provide recreation along the river. The habitat restoration aspect and natural interpretation
of the site can be directly tranlated to the waterfont at Lakeport and is an example of how the city can approach the
restoration and celebration of the natural landscape.
PROJECT TITLE
32 | Existing | Project
Information City,
& Site State
Analysis
ATTACHMENT 2
3.0 PRELIMINARY
CONCEPTS
33
ATTACHMENT 2
3.1 PRELIMINARY CONCEPT ALTERNATIVES waters edge, terminating at the point at Dutch Harbor.
With the design teams assessment of the site Additional areas for gathering are provided and a large
and market conditions, input from the community beach area with a boathouse and public pier adjacent
and stakeholders and the teams experience with to the beach creates the focal point for the park and
other waterfront projects, preliminary concepts waterfront area. The boathouse can accommodate uses
were prepared that captured ideas and various uses such as a caf, small store and snack shop.
expressed. While each alternative has similarities, there CIT Y/ LUSD PROPERT Y
are aspects unique to each concept. The following A large waterpark facility including an outdoor
summarizes key elements and how they vary with each swimming pool and anchored by a community and
alternative. recreation center is suggested. The water park provides
opportunities for a wide demographics of users and the
PROMENADE
swimming pool is designed to accommodate regular
Improvements and the extension of the promenade
lap swimming along with competitive swimming
along the waterfront ranked high in public opinion. Each
events. The community and recreation center would
of the alternatives include extending the promenade
include uses for the residents and visitors along with
from Third Street Boat Ramp to the point at the
space available to rent for events such as weddings and
entrance to Dutch Harbor. There is a strong desire to
conferences.
continue the promenade south through the Willow Point
area to C Street and north to Clear Lake Avenue yet this
To the north of the center, a childrens adventure play
would require gaining access across private property.
area and a non-motorized launching and storage area at
For planning purposes, these connections are not
Dutch Harbor is suggested. The harbor includes areas
shown on the alternatives yet are discussed within the
for mooring vessels when not in use. The center fronts
final master plan section of this document.
onto a large open lawn area designed to accommodate
CIT Y/ LUSD PROPERT Y a wide range of activities such as informal play, dog
Combined, these two properties offer the opportunity park, special events, etc.
for providing improvements in the lakefront area on
publicly-owned land. This includes all the property that
PARKING AND CIRCUL ATION
fronts onto Main Street from Ninth Street to Sixth street
Parking and a drop-off area for the proposed community
to the lake.
center is provided adjacent to the facility. An improved
PARKING AND CIRCUL ATION access from Seventh Street is proposed along with a
With suggested improvements along the waterfront connection to the existing parking area to the south.
and the City and LUSD properties, modifications to The existing parking has remained unchanged with the
the existing parking areas as well as providing access following exceptions:
and additional parking on the City and LUSD properties The boat trailer parking space north of the Fifth
were suggested with each alternative. In all the Street boat ramp and adjacent to the lake has been
alternatives, providing improved pedestrian access to changed to car parking to increase the land available
and along the lakefront area is proposed. for improving the waterfront area for public use.
HOTEL DEVELOPMENT OPPORTUNIT Y The parcel of City-owned property at the end of
As identified in the market assessment and expressed Fourth Street has reorganized the existing surface
by the City and community members, a hotel location parking and creates a small pocket park.
in the downtown area was considered when developing HOTEL DEVELOPMENT OPPORTUNIT Y
the alternatives. The hotel use for this alternative is proposed for
the Willow Point/ C Street properties as shown on
3.2 ALTERNATIVE 1 Exhibits 1A and 1B. Since this is on private property,
PROMENADE these are representations of the type of lodging that
This alternative continues the promenade from Third can be accommodated and would support market
Street to Sixth Street with a similar design that exists in assessment. The following is a summary of each of
front of Library park. This includes areas for gathering these alternatives.
and enjoying the lake, opportunities for interpretation
and designed to accommodate displays or booths
during special events. From Sixth Street the promenade
becomes an informal trail that meanders along the
Third Street
Library Park
Second Street
Main Street
First Street
Armstrong Street
Martin Street
C Street
Third Street
Library Park
Second Street
Main Street
First Street
Armstrong Street
Martin Street
C Street
3.3 ALTERNATIVE 2
PROMENADE
In contrast to Alternative 1, the promenade is more organic in form
and design north of the existing promenade at Library park. This
provides the opportunity for improving wildlife habitat along the
edge while introducing smaller beach areas for public use. The
promenade terminates at an open pavilion iconic feature accessible
by the public and visible from the lake.
CIT Y/ LUSD PROPERT Y
A 70-90 room hotel along with on-site parking is proposed on the
property owned by the City. Improvements along the front of Dutch
Harbor provides gathering areas for hotel patrons as well as areas
available for public use. A large lawn organized around a band shell
provides a flex space that can be used for organized and informal
play as well as provide a venue for concerts and special events. For
this alternative an enclosed dog park is suggested yet could also
accommodate uses such as a skate park or a modest water park. A
childrens adventure play area similar to Alternative 1 is proposed
north of the existing Fifth Street boat ramp parking area along with a
boathouse that can accommodate public storage for non- motorized
vessels.
PARKING AND CIRCUL ATION
Like Alternative 1, access from Seventh Street and the existing
parking lots is suggested. In this case a modest amount of parking
is proposed to support the park uses during the day and can be
expanded if needed. A new, highly visible pedestrian connection
from Main Street to the lake is proposed at Seventh Street. The
existing parking has remained unchanged with the following
exceptions:
The boat trailer parking space north of the Fifth Street boat ramp
and adjacent to the lake has been changed to car parking to
increase the land available for improving the waterfront area for
public use.
The parcel of City-owned property at the end of Fourth Street
has reorganized the existing surface parking to create a larger
park area than shown in Alternative 1.
3.4 ALTERNATIVE 3
PROMENADE
The promenade in both 3A and 3B are similar to what is proposed
in Alternative 2 until it reaches Dutch Harbor. At this point the
promenade is more of a boardwalk and pier and is integrated into the
improved marina in both function and appearance. The boardwalk
leads to a proposed pier that extends east into the lake. No beach
areas are proposed yet this could result in a larger area for improving
wildlife habitat.
CIT Y/ LUSD PROPERT Y
Alternative 3 explores a mixed-use concept for the property owned
by the City. The portion that fronts onto Main Street includes
approximately 10,750 sf of retail development while the remainder
of the site accommodates a community center which includes
multipurpose rooms, day care, youth and senior needs and facilities
focused on waterfront activity. This suggests improvements
both to the edge of the harbor as well as the harbor itself. As
part of the mixed use center, outdoor elements such as dining, a
modest childrens splash pad area and a place for uses such as
farmers markets and community gardens are included. Like other
alternatives, a large multi-purpose lawn adjacent to the water and in
front of the community center is shown.
PARKING AND CIRCUL ATION
Parking for these alternatives includes an extension of parking and
access to Seventh Street like other alternatives and a stand-alone
parking area for the mixed use area off Main Street and Ninth
Street. Because of the location of the hotel (described below) and
the outdoor areas associated with the hotel improvements, this
alternative converts Fourth Street into one way from Main Street to
the lake. The existing parking modifications include:
3.5 ALTERNATIVE 3A
PROMENADE
The promenade in both 3 and 3A are similar to what is proposed
in Alternative 2 until it reaches Dutch Harbor. At this point the
promenade is more of a boardwalk and pier and is integrated into the
improved marina in both function and appearance. The boardwalk
leads to a proposed pier that extends east into the lake. No beach
areas are proposed yet this could result in a larger area for improving
wildlife habitat.
CIT Y/ LUSD PROPERT Y
The main difference is that in this alternative the retail development
has been removed and the community center has been expanded
to include a full recreation center including an indoor competitive
swimming pool. Uses such as a skate park and childrens adventure
play area are located immediately adjacent to the community/
recreation center. A large patio is provided to host outdoor
community functions.
PARKING AND CIRCUL ATION
Parking for these alternatives includes an extension of parking and
access to Seventh Street like other alternatives and a stand-alone
parking area for the mixed use area off Main Street and Ninth
Street. Because of the location of the hotel (described below) and
the outdoor areas associated with the hotel improvements, this
alternative converts Fourth Street into one way from Main Street to
the lake. The existing parking modifications include:
LAKEPORT LAKEFRONT
REVITALIZATION PLAN
PUBLIC FORUM #2
COME SHARE YOUR OPINIONS WEDNESDAY, AUGUST 31
6:00 PM TO 7:30 PM
ON PROPOSED ALTERNATIVE CITY HALL
REVITALIZATION PLANS 225 PARK STREET
LAKEPORT
PROJECT AREA
FORMAL
NATURAL
HIGH PARK STREET
CLEAR LAKE AVE.
1ST STREET
C STREET
MAIN STREET
Public Forum #2
August 31, 2016
PROJECT TITLE
48 | Summary | Project
of Real Estate City,
MarketState
Assessment
ATTACHMENT 2
4.0
FINAL
RECOMMENDATIONS
& IMPLEMENTATION
49
ATTACHMENT 2
their online presence. There is an existing wi-fi stormwater runoff management techniques, to help
zone, but the City should investigate improving the improve Clear Lake water quality.
strength of the signal. Although it is beyond the scope of this project,
Developing a twelve-month calendar of smaller- the City may wish to consider the potential use
scaled events that create incentives to come to of post-Redevelopment financing tools such as
downtown. Communities across the nation have Enhanced Infrastructure Financing District (EIFD) or
found that hosting an event is a viable way to attract Community Revitalization and Investment Authority
visitors and residents alike to downtown and build (CRIA) to establish long-term funding streams for
additional foot traffic to spur economic activity. waterfront and downtown improvements.
People often need a reason or incentive to come to
downtown. Additional implementation activities that can assist
in the waterfront/downtown revitalization process
Building on existing events. The City, Lakeport
Main Street Association, Lake County Fairgrounds, could include certain incentives that would encourage
Lake County Chamber of Commerce, and other existing or new businesses to invest in the waterfront/
organizations, already host successful events in or downtown area. These could include:
near downtown. Downtown needs to fully take
advantage of these established events and look Waiver of plan check, building permit, and
for key opportunities to leverage these activities. inspection fees for improvements to waterfront/
It takes a great deal of resources and community downtown buildings.
support to launch a new event. Allowing restaurant or caf owners to utilize City
Creating a public arts program to promote the arts right-of-way in front of their businesses to develop
and culture unique to Lake County and specifically parklets that expand space for outdoor dining.
Lakeport. If this does not exist create a committee Giving existing downtown businesses that wish to
or commission to collaborate with creating and maintain their brick and mortar operations a right of
overseeing public art and performances. This first refusal to secure spaces for container or mobile
includes a wide range of art such as murals, three vendor spaces, if created in the waterfront area.
dimensional artwork and performances. Using art
and performances to elevate the awareness of local Environmental Conclusions &
artists by activating public gathering spaces, blank Recommendations
wall and vacant store fronts along Mains Street will The project area contains suitable habitat for special
help reinforce the communities commitment to status species and sensitive habitat areas that are
importance of art and culture in Lakeport. protected by state and/or federal regulations. The
Funding and Business Retention/Recruitment following studies are recommended to address potential
The City will require considerable resources to fully project-related impacts to sensitive biological and
implement public improvements within the plan area aquatic resources:
that are envisioned including funding to extend the
A jurisdictional delineation will likely be required to
waterfront promenade, develop a community center,
identify and map potential jurisdictional features
and make different types of public park improvements. within the project area that may be impacted by
To raise funds, the City could consider several measures project activities.
such as: Project impacts to jurisdictional waters, including
wetlands that typically require a Department of
Dedicating lease or sales revenues collected from
the Army permit from the USACE and a Water
private users who wish to utilize the Citys Dutch
Harbor property for private use towards waterfront Quality Certification from the RWQCB. Impacts
area improvements. to jurisdictional waters that also qualify as
streams, lakes or riparian habitat typically require a
Establishing concession agreements with Streambed Alteration Agreement from the CDFW.
businesses that may wish to utilize the public
spaces as a base of operations, such as a If potential USACE jurisdiction cannot be avoided,
the jurisdictional delineation should be submitted
watercraft rental business that might operate out of
with a request for an Approved or Preliminary
one of the boat ramp areas.
Jurisdictional Determination and the project would
If an area is established for container stores and/ be evaluated to determine if it would qualify for a
or mobile food vendors, the City could collect fees Section 404 Nationwide Permit or if an Individual
from businesses that wish to rent the spaces. Permit would be required to obtain USACE approval
Pursuing grant funds that may become available of the project.
from various sources that align with City goals. For Standard mitigation measures for impacts to
example, there may be opportunities to use grant waters of the U.S. and State would generally
funds that promote water quality improvement to include avoidance and minimization of impacts to
help underwrite the cost of waterfront projects jurisdictional features and compensatory mitigation
that would incorporate best practices in urban
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 51
ATTACHMENT 2
for impacts to jurisdictional features where and then to relocate to other sites when local
avoidance is not practicable. demand is low.
Because the project area is located within the Pop-up stores, which could be open during
Mountain House Conservation Bank and the Seigler peak seasons and then mothballed during
Valley Wetland Mitigation Bank service areas, periods of low demand. Pop-up stores can be
purchasing mitigation bank credits is a potential a strategy for owners of vacant commercial
mitigation option. space in the downtown area to allow retailers
Botanical resource surveys will likely be required to temporarily occupy space during periods of
in grassy ruderal areas of the project area and high demand, or to allow creative use of vacant
should be conducted between March and June to space on an interim basis, such as for temporary
adequately identify bent flowered fiddleneck during art installations, performance venues, or other
its blooming period, if present. creative uses that help to create district vitality,
and improve upon the aesthetics of vacant store
Special Status and General Animal Species Project frontages.
implementation has the potential to impact fish
and wildlife within adjacent areas resulting from
increased noise, lighting, trash, and human
presence during construction which can be
mitigated with proper precautions and monitoring.
Temporary Facilities/Special Events
One challenge faced in almost all resort communities
is the seasonal nature of tourism. Business owners
face challenges in structuring their businesses in such
a way as to be able to meet high season demand,
but to control their fixed costs so that they are not
unduly burdened during off seasons and shoulder
seasons when revenues are low. There are several
types of alternative commercial formats to address
the challenges of stimulating increased commercial
activity in a tourist-driven, seasonal market. These
provide the opportunity for entrepreneurs to test out
new commercial concepts without the required level
of investment and risk involved with establishing a
conventional brick and mortar establishment.
PROJECT AREA
Clearlake Ave
11th Street
Forbes Street
Brush Street
High Street
Main Street
Resort Enhancement
10th Street
11th Street
Forbes Street
Brush Street
Main Street
High Street
Zone
PROJECT AREA
Police
Dept.
9th Street
Multi Use/Event Space
Former Natural
High
Revitalization Area
7th Street FORMER NATURAL
HIGH
PROJECT AREA
6th Street
5th Street Special Commercial
PUBLIC BOAT LAUNCH Public Boat Launch
Development Zone
PROJECT AREA
Lake County Lake County
Superior Court Museum
City
Hall
Main Street
Brush Street
City
Hall
2nd Street
PUBLIC BOAT LAUNCH
Public Boat Launch
Library Park
1st Street
Forbes Street
Main Street
Brush Street
High Street
PROJECT AREA
1st Street
Lake
Armstrong Street Willow Point/
County
Career Forbes Cr
eek
C Street
Center
Revitalization
Area
Armstrong Street
FO
Martin Street RBES CR
E EK
PROJECT AREA
Soper Reese
Community
Theatre
Martin Street
PROJECT AREA
C Street
C Street
Lakeport Lakefront
LAKEPORT LAKEFRONT Revitalization Plan PLAN
REVITALIZATION Project Area
City of Lakeport,
LAKEPORT, CA CITYCalifornia
OF LAKEPORT DESIGN WORKSHOP
AUGUST 2016
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 53
NORTH 0 50' 100' 200'
Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929
AREA DESCRIPTION :
This includes the private property south of Clear Lake Avenue to City-owned property near Tenth Street:
This area consists of five hotel/motel businesses, one mobile home park and many of the properties have
private piers and boat slips. (8.5 acres)
CONSTRAINTS:
The Private Motel Zone consists of narrow parcels limiting the potential for future expansion without
consolidating parcels. While important to the economy of Lakeport, many of the units available lack the
quality and unit size to accommodate retired couples looking for a higher quality of stay and larger family
groups in need of larger units and amenities. Because of private ownership, the opportunity to provide a
waterfront public promenade to Clear Lake Avenue is currently limited.
OPPORTUNITIES:
The proximity to downtown (5-10 minutes walking) and lakefront access, leveraging these aspects is critical.
In addition, by working with the City to develop an attractive public promenade from this zone will provide
patrons with a safe enjoyable walk to downtown businesses and special events throughout the season
resulting in higher daily room rates.
EX AMPLE IMAGES
AREA DESCRIPTION :
This zone includes the land owned by the City (Dutch Harbor site) and the Lakeport Unified School District
(LUSD) (Natural High site) and fronts Main Street to the west and the lake to the east. There is one
privately-owned parcel to the east surrounded by the lake on three sides and access to this private parcel is
landlocked. This area is approximately 7.4 acres in size.
CONSTRAINTS:
The primary constraint is with the LUSD retaining ownership the City does not have a stronger position on
how this area will be used in the future is the ownership and uses of the LUSD property. While there is a
good relationship with the City and LUSD, concerns have been expressed by the LUSD regarding private
business operations on their property. The privately-owned parcel to the east of the LUSD will need to be
addressed.
OPPORTUNITIES:
There is an overwhelming public desire to maintain views of the lake from Main Street as well as to see
this area remain available for public use including opportunities for mixed open space use, formal special
event spaces and passive recreational opportunities when events are not occurring. Because of the current
Resort Residential land use in the general plan, this area can accommodate a wide variety of community
and tourist uses. The alternatives described previously in this document illustrates the range of uses that
may be accommodated in this zone. Because market conditions will inform the use in the future, the
following summarizes scenarios that may occur.
DUTCH HARBOR SITE SCENARIOS: providing a different site for a community center as
PRIVATE DEVELOPMENT ON DUTCH HARBOR shown in Alternative 3 and 3a. This could provide
SITE a facility to house many of the community water-
The City can help facilitate private development on related activities and if the LUSD site is developed
the Dutch Harbor site. This could include a hotel as a public park, it can leverage the relationship.
facility as shown on Alternative 2 or commercial as While it could be designed to be flexible for use as a
shown on Alternative 3. The City could help write conference center, its location is less advantageous
down the cost of such a project by contributing the for this use.
land, or possibly selling the property to a private
developer. This is logical, as the City has limited NATURAL HIGH SITE SCENARIOS:
other tools that it can use to try to encourage private LUSD RETAINS OWNERSHIP OF NATURAL HIGH
development and, specifically, a hotel. If the LUSD desires to retain ownership yet is willing
and interested to work with the City to improve
The City could also use the Dutch Harbor site the two combined properties, then this site is large
for other uses such as waterfront residential or enough to accommodate a wide variety of public
a relocation-site for businesses that might be uses. Alternatives 2, 3 and 3a illustrate various
displaced from the core downtown commercial ways to accommodate additional parking, creating
area because of private redevelopment activities. a larger flexible multi-use space and opportunities
This alternate use may generate sales proceeds or for other specific uses such as play areas, dog areas,
ground lease revenues that will allow the City to skateboarding, boathouse and improvements to the
direct proceeds to assisting a desired hotel project waterfront. Alternative 1 shows a community facility
located in the core area. on the property yet for this to occur it will most
likely require a joint effort with the City.
PUBLIC FACILITIES ON DUTCH HARBOR SITE
If there is a strong desire for a community center,
the City could use this site to shoulder the cost of
EX AMPLE IMAGES
AREA DESCRIPTION :
This zone provides public parking for vehicles with and without boat trailers, public boat ramps and support
facilities. It is bound by the LUSD property to the north, Library Park to the south and by private property to
the west. The area is approximately 4 acres in size. City offices and the businesses comprise the Lakeport
Business District.
CONSTRAINTS:
The historical needs to accommodate boat launching and parking with trailers is refleced in the current
conditions. This has created a vehicle-dominated situation impacting the physical and visual quality of
the waterfront from a pedestrian experience. Public boat access to the lake and special events such as
the bass fishing derbies provide important revenue to the City and local businesses yet also impacts the
opportunity for an exceptional pedestrian waterfront experience.
OPPORTUNITIES:
With the opportunity to expand parking into the LUSD site to the north as shown in all the alternatives
and reconfiguring the current movements of vehicles, there is opportunity to create a better pedestrian
experience along the water, strengthen the connection to downtown and create additional parks and open
space for the community and visitors. Unique to Alternative 3 and 3a (new hotel in downtown) is the idea
to limit direct access to the waterfront parking at Fourth Street. This will allow for closing this street off
during special events without impacting access to the lake.
EX AMPLE IMAGE
EX AMPLE IMAGES
AREA DESCRIPTION :
This includes private property between Fourth and Fifth Streets that front on Main Street and are bound
by City-owned property to the east that is currently used for parking. City parcel information shows five
parcels and combined they amount to approximately 1.7 acres.
CONSTRAINTS:
While not as narrow as some of the parcels in the Resort Enhancement Zone, the size of each parcel
limits the redevelopment opportunities. For parcels without Main Street frontage, visibility is an issue. If
positioning these combined properties for a new hotel site as suggested in Alternative 3 and 3a, purchasing
and consolidating the parcels could be challenging. In the event redevelopment, such as a hotel does occur,
existing infrastructure will need to be evaluated to ensure it can accommodate an increase in use.
OPPORTUNITIES:
Because of the Main Street frontage, and proximity to the waterfront area, the property in the Special
Commercial Development Zone is well positioned for increased development. Over half the site consists
of surface parking and the existing buildings are primarily warehouse type structures which are relatively
easy to remove. Of the three sites explored in this study, the market assessment identified this site as
the preferred for the location of a 60- 80 room new hotel within the study area. A hotel located in the
downtown area will provide patrons easy access to convenient dining and shopping. In addition, proximity
to the existing Library Park and lakefront promenade areas allows the hotel operator to leverage these
existing public features as amenities for hotel guests in the near term.
Alternatives 3 and 3a shows the hotel located on land that is primarily on private property with a small
portion on City property. This hotel is similar in size (60-80 rooms) as in Alternative 1 yet is in the heart
of the downtown area. This location is preferred from an economic position and better integration to the
business area yet the Citys opportunity to influence this is limited. The two-story hotel fronts onto Main
Street and architecturally can reinforce the character of historic downtown. A public plaza east of the hotel
provides the opportunity for small-to-medium-sized events and amenities such as a small conference
center and outdoor pool and spa provided for the hotel guests. Surface parking is proposed.
EX AMPLE IMAGES
EX AMPLE IMAGES
AREA DESCRIPTION :
This area includes the parcels immediately adjacent to the waterfront area to the east, bound by the
Downtown District to the west and between First and Third streets. The Lakefront Commercial Zone
benefits from its immediate adjacency to the lake, Library Park and walking distance to downtown, totalling
approximately 4.6 acres in size.
CONSTRAINTS:
Like other areas within the study area, the size of the parcels limits reinvestment and redevelopment
restrict larger businesses establishments. Lack of visibility for those traveling through the City on Main
Street is also an issue. Even with City Hall and Library Park located adjacent, the area seems to struggle
with developing and maintaining a vibrant business district.
OPPORTUNITIES:
The greatest asset this area has is the lakefront location and proximity to City Hall. Ample parking ensures
those patronizing the businesses will find a place to park for most the time. While the parcels are small one
popular restaurant that could serve as a model for redevelopment is Park Place located north of City Hall.
The City has an interest in improving the economic conditions in this area and can assist where possible to
see this occur.
EX AMPLE IMAGES
PROMENADE
AREA DESCRIPTION :
The Promenade currently is limited to the waterfront area along Library Park and up to the Fifth Street
boat ramp. It is currently 540 feet in length and is generally about 10 feet wide. Extending the waterfront
promenade from Library Park south to C Street and north to Clear Lake Avenue was highly supported by
the community.
CONSTRAINTS:
Issues with gaining public access across private property will be a challenge. The City can possibly
work with the property owners yet in many situations current site conditions do not lend themselves to
accomplish this except possibly the Willow Point/ C Street properties where there is area to achieve this.
The City in conjunction with the LUSD can extend the promenade from Fifth Street to Dutch Harbor yet the
private parcel ownership east of the LUSD site will need to be resolved. Costs to construct and build the
new promenade with be an issue.
OPPORTUNITIES:
Because of the wide community support, moving forward with improvements to the waterfront area will
generally be embraced by the community. The area east of the LUSD currently has limited use yet with
short-term and long-term improvements this area can provide a different experience along the waters
edge as illustrated in the various alternatives. The environmental assessment identified nonnative/invasive
species so there may be opportunities to access water quality funding and implement improvements along
this area. The recent flooding, portions of the existing promenade adjacent Library Park was damaged
with the undermining of the retaining wall. While unfortunate, this does provide the opportunity to develop
design for the entire promenade and improve a larger part of the waterfront area.
EX AMPLE IMAGES
LIBRARY PARK
AREA DESCRIPTION :
This is in the heart of the improved portion of the lakefront area and is bound by Park Street to the west,
Third Street and parking to the north and First Street to the south. It is approximately three acres in size and
historic Carnegie Library is located within the park.
CONSTRAINTS:
Overall Library Park is well used and enjoyed by the community. Comments regarding the cleanliness of
picnic tables and benches beneath the existing trees where the black-crowned night herons live and the
homeless population were mentioned during public meetings.
OPPORTUNITIES:
Because of the location and the importunate of this public space for the community, the main opportunities
include activating Carnegie Library for public use, relocating tables and benches in areas that are easier to
maintain (with shade structures).
AREA DESCRIPTION :
The Willow Point area is a privately-owned waterfront area with no public access along the waterfront. It
consists of two large parcels, the northern parcel referred to as the Willow Point and the southern property
referred to as the C Street Parcel. Combined, the area is approximately 13.4 acres in size.
CONSTRAINTS:
While located on the water, there is no visibility from Main Street. This can be overcome by marketing
and wayfinding yet the drive by opportunity may be missed. Access from C Street is down a residential
street and would require enhancement depending on the uses. While Forbes Creek can be considered an
asset, issues around flooding or environmental constraints may limit the area available for development.
OPPORTUNITIES:
Since few permanent existing structures are on-site, the cost for redevelopment is reduced. Additional
access to the area can be considered from Martin and Armstrong Street to improve circulation yet will
not provide Main Street visibility. The waterfront area and Forbes Creek are the biggest assets future
development should embrace. For site testing Exhibit 1A illustrates an example of potential if the property
were one or a joint effort between land owners and Exhibit 1B respects current property ownership. In
both cases, there is ample space to provide a Resort/ Conference facility located on the waterfront and a
full hook-up RV park to accommodate the growing trend in this industry.
EX AMPLE IMAGES
Statistics show that it is far more cost effective to retain an existing business than to attract a new one.
Lakeport should implement a comprehensive business strengthening strategy focused on business
retention/expansion. It was mentioned at public meetings that a diversity of businesses and restaurants
in needed in the downtown area. While out of the scope of this project, the success of the Main Street
businesses have a direct relationship the success of the waterfront area. The following are some
preliminary ideas about ways to work with existing businesses.
AREA DESCRIPTION :
This area includes the parcels that front Main Street and create the core of the Lakeports downtown.
Architecturally the buildings between the blocks of First Street and Fourth Street reflect the historic
character of the City and include many of the walkable aspects of a downtown experience. This area
recently has been improved with new sidewalks, curbs and gutter, street trees and site furnishing to
improve the pedestrian experience.
CONSTRAINTS:
While the Main Street area is active, much of the activity that occurs in this area is focused around daily
business hours and many of the establishments are closed in the early evening reducing the opportunity
for evening activity in this area while businesses such as financial institutions provide employment and
people in the downtown areas during the day, they tend to be auto oriented and occupy key parcels in
the downtown area. In addition, while the lake is approximately two blocks to the east, Main Street lacks
visibility and signage.
OPPORTUNITIES:
Building off the historical architecture, the City has the ability through their design guidelines to extend this
character when renovations or new development are proposed in this area. Since many of the parcels are
one and two-story structures, the City should look for opportunities to bring overnight accommodations
in the way of hotel rooms or residential units to create an evening and weekend presence which in turn
will strengthen the Main Street businesses. Continued reinvestment into the streetscapes and particularly
those provisioning pedestrian connections to the lakefront area is encouraged.
RECOMMENDATIONS:
While not part of this study area, the following provides some recommendations to strengthen the Main
Street area and would need to be supported and implemented by the City in collaboration with the Lakeport
Main Street Association.
Support and encourage higher density residential units with a mix of affordability in the downtown to support
downtown retailers and expand the evenings and weekend presence.
Develop a stronger wayfinding system between the Main Street area and the lake.
Expand downtown business hours. It was noted on a number of occasions that the downtown closes at 6:00
p.m. There must be a concentrated effort focused at getting most retail stores and restaurants to expand the
hours that they are openSaturday, Sunday and later in the evening as well as holidays when visitors are in town.
Have businesses commit to being open evening hours on specific days beginning Memorial Day and ending after
Labor Day and encourage them to promote it within their own advertising and marketing venues.
Plan events during these hours such as an evening walkabout with refreshments offered at participating
businesses.
Develop promotional and advertising efforts targeting residents by creating a series of direct mail, special
promotions, mini events and other creative marketing efforts targeted directly to residentsincluding new
residents and second home residents.
Develop a Shop Local campaign: Most businesses located in downtown Lakeport are independently owned,
which makes downtown the perfect candidate for capitalizing on the national shop local movement.
Use social media and online marketing. Social media and hand-held devices are the primary formats that many
young adults use to make decisions about shopping, dining and events. Explore how downtown businesses
can penetrate this market through social media, online rating sites, social coupons, dedicated apps and text
messaging.
City in partnership with the Lakeport Main Street Association should explore the creation of a free Wi-Fi zone in
the downtown and waterfront areas.
APPENDIX
Strengths:
Clean air New docks and many free public People love to live here, lots of
Rural boat ramps community pride
Opportunities:
Cycling events Bike path & expanded recreation Winter is beautiful, warm and
Music and restaurants on lake More restaurants and hotels sunny, but not many visitors
Bass fishing Update and upgrade existing $7 million bond for school
facilities, especially Willow Point improvements recently approved
Growing wine region and
agricultural draw Vista Shopping Center needs to Former Natural High should be
be revitalized developed for family use
Pedestrian lakefront promenade
Weaknesses:
Homeless populations loitering in There is a big PR problem Lacking medical facilities
public spaces Konocti Harbor closed (in nearby TNT is now vacant building
Water quality, aquatic plants Kelseyville) Pushback to have businesses in
Lack of education on water Blight of Willow Point, it has the park
quality transitioned into a rundown Boating is more expensive now
Lake of facilities besides the lake, trailer park.
City needs to make doing
visitors always asking what else Invasive species and inspection business easier
is there to do? stations
Declining school enrollment until
Lack of lodging, both quantity Homes and businesses are this year
and quality run down as visitors enter
downtown Lakeport from the Employment issues
Lack of camping, Willow Points
transformation, used to be a highway, they could use a facelift Outside perception of crime,
nice spot for families to camp Condensed tourist season, drugs and poor lake quality,
lakefront generally when schools are out biggest hindrance for tourism
Transportation (June 15 to Aug 15), events are Need sign to get people from
usually May through October highway to downtown
Boating on the lake has dropped
off in recent years, SUP has not Main Street stores close early Huge impact if court house is
taken off, very few kayaks, etc and have inconsistent hours ever moved
# Of Votes
5
2
1
4 4
2 2 2
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HOW LONG HAVE YOU LIVED IN L AKEPORT? HOW OFTEN DO YOU VISIT DOWNTOWN?
51 49 51 49
8
7
# Of Votes
# Of Votes
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1 1 1 1 1 1
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# Of Votes
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# Of Votes
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WHAT ARE YOU PROUD OF REGARDING THE WHAT ARE THE THREE MUST SEE THINGS
L AKEFRONT AREA? (CHOOSE TOP 3) IN THE L AKEFRONT AREA?
14 13
51 12
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# Of Votes
# Of Votes
7
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WHAT DO YOU FEEL NEEDS IMPROVEMENT WHAT ARE THE THREE MUST SEE THINGS IN
TO THE L AKEFRONT AREA? DOWNTOWN?
49 14
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WHAT NEEDS WORK IN DOWNTOWN? (PICK I FEEL THE CITY IS MOVING IN THE RIGHT
3) PUT YOURSELF IN A VISITORS PERSPECTIVE. DIRECTION.
13 13
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# Of Votes
# Of Votes
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(CHECK ALL THAT APPLY)
34 60
60
35
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50 50
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# Of Votes
35 32
# Of Votes
20
16 30
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35
56
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25
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# Of Votes
# Of Votes
30
15
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# Of Votes
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# Of Votes
40 37 40
30 29 30 26 24
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WHAT FACILITIES ALONG THE SHORELINE WOULD ENHANCE THE L AKEFRONT AREA?
Gasoline boat dock
Mini-mart store
ADDITIONAL COMMENTS
Emphasis on nature tourism, including birdwatching.
Golf would attract tourists to the area
Public beach for swimming
240
120
12/113 5/200
200
100
4/81 7/72 9/135
160
80
1/67 12/129
# Of Votes
# Of Votes
120
60 18/91
80
40
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HOW OLD ARE YOU?
240 WHAT DO YOU LIKE BEST FROM
0/208 ALTERNATIVE 2? (PICK UP TO 2)
200
9/255
160 240
0/126
# Of Votes
200
120
1/105 6/164 12/164
4/80 4/152
80
5/56
160 8/143
# Of Votes
40 8/37 120
13/9 8/75 4/87
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WHAT DO YOU LIKE LEAST FROM
280 ALTERNATIVE 2? (PICK UP TO 2)
240
19/205 240
# Of Votes
160
7/149
160
13/127
# Of Votes
10/225 240
8/228
220
220
200 9/186
200
180
180
160
12/146 6/156 12/150
160
140
140
6/135
10/113
120 9/102
12/92 120
100
100
80
80
# Of Votes
14/58
# Of Votes
60
60
40
2/29 40
20
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1/20
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WHAT DO YOU LIKE LEAST FROM WHAT DO YOU LIKE LEAST FROM
ALTERNATIVE 3? (PICK UP TO 2) ALTERNATIVE 3? (PICK UP TO 2)
220 220
7/200
200 200
3/198
180 180
17/151
160
7/146 160
140 140
8/118 6/121
120 120
9/101
100 100
80 80
10/59 11/55
7/49 4/54
# Of Votes
# Of Votes
60
4/46
60
1/55 2/46
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DW LEGACY DESIGN
We believe that when environment, economics, art and community
are combined in harmony with the dictates of the land and needs
of society, magical places result sustainable places of timeless beauty,
significant value and enduring quality, places that lift the spirit.
Design Workshop is dedicated to creating Legacy projects:
for our clients, for society and for the well-being of our planet.
ASHEVILLE ASPEN AUSTIN CHICAGO DENVER DUBAI HOUSTON L AKE TAHOE LOS ANGELES SHANGHAI
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Review of OpTerra Energy Services proposed scope of work to MEETING DATE: 9/19/2017
implement solar and other energy conservation measures at
various City facilities.
Kevin M. Ingram, Community Development Director
SUBMITTED BY:
BACKGROUND/DISCUSSION:
In March 2016, staff presented three (3) financing options for the development of a solar facility at the Citys
CLMSD property. Following the selection of a preferred financing option City staff began to do additional research
on the feasibility of constructing two solar arrays at the CLMSD site. One facility would off-set energy costs directly
from activities at the CLMSD site and the second array would be designed to off-set costs related to other City
facilities located off-site. Staff soon discovered that due to legislative and PG&E program changes the
development of a solar facility to serve off-site power generation may no longer be financially viable. Following
this discovery, City staff began to reach out to other neighboring jurisdictions to see how they were financing and
constructing new energy conservation measures. As a result of these efforts, City staff was referred to OPTERRA
Energy Systems.
In June of this year, City staff began working with OpTerra Energy Systems who performed a free feasibility study.
This feasibility study included an audit of the Citys energy usage and visits to several City owned facilities.
Following the completion of the Feasibility Study, OpTerra presented the City with a preliminary project proposal
includinga proposed scope of work, preliminary proforma and overview of steps necessary to move forward
with the implementation of the proposed project. See attachment 1 for a full version of OpTerras preliminary
proposal for the City of Lakeport.
Retrofit indoor and outdoor lighting at several City operated buildings (City Hall, Police Department,
Carnegie Library Building and Corporation Yard).
Replace existing lighting in Library Park and along Main Street with energy efficient LED fixtures.
HVAC Upgrades to the Carnegie Library and potentially other City operated facilities.
Construction of solar facilities at several City facilities:
Preliminary project financial analysis prepared by OpTerra proposes a total project cost of just under $4 million
with a projected electricity savings over a 30-year period of approximately $15 million. After financing, the
projected net savings to the City is anticipated to be around $9 million. Financing and lease payments would be
structured to ensure that the project remains cash positive through the life of the project, resulting in initial annual
net savings of approximately $80,000. Representatives from both OpTerra and NHA Financial advisors will be
present to answer questions during the City Councils regular meeting of September 19, 2017.
If the City Council decides to move forward with the proposed project, the next step is to enter into a Program
Development Agreement (PDA) which authorizes OpTerra to perform an investment grade audit, design and
engineering, competitively bid the project, evaluate grants and incentives, and finalize the financial model. A draft
PDA is included as Attachment 2 of this staff report. It provides that OpTerra will perform the above mentioned
steps for a fee of $35,000. If the project is found to be financially viable and the City elects to proceed with the
project, the $35,000 can be incorporated in the project cost resulting in no out-of-pocket expenses to the City. If
the project is financially viable and the City does not elect to proceed with the project, the City will owe OpTerra
$35,000. If the project is not found to be financially viable, no fee will be due.
If the City Council authorizes the execution of this agreement, it is anticipated the Program Development phase
will be completed in 90 days and the possible implementation and construction of proposed energy conservation
measures could begin in early 2018.
OPTIONS:
1. Authorize the City Manager to negotiate and execute a Program Development Agreement (PDA) with OpTerra
Energy Systems.
2. Do not execute a Program Development Agreement and direct staff to pursue the energy conservation
measures through alternative means.
3. Take no action or take action to deny the proposed plan. Alternatively, the City Council could provide other
direction.
FISCAL IMPACT:
None $35,000.00 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: As mentioned above, if the project is found to be financially viable and the City does not elect to
proceed with the project, the City will owe OpTerra $35,000. A supplemental appropriation of unallocated
General Fund monies would need to be authorized if the City decides not to proceed forward with the project.
SUGGESTED MOTION:
Move to authorize the City Manager to negotiate and execute a Program Development Agreement with OpTerra
Energy Services for an amount not to exceed $35,000, subject to legal review.
Agenda
4. Next Steps
$2.5B 1,000+
Of Completed Projects Satisfied Customers Nation Wide
$300MM 300+
Employees, Including 150 Engineers
Sales in 2016 (PE, ME, EE, Civil, CEM, LEED AP)
Owned
Owned byby
ENGIE
ENGIE. largest
ENGIEindependent
operates in theelectricity producer
US through in the world.
its subsidiary GDFENGIE
SUEZis
theEnergy
third largest
North retail
Americaelectricity
and is supplier
the third in the US.
largest Engie
retail has over
electricity 150,000
supplier in the US
employees and over $75 billion in revenue
2017 OPTERRA ENERGY SERVICES 3
ATTACHMENT 1
PROGRAM HIGHLIGHTS
Creates $5.8MM in savings over the 30-year life of the Reduced dependence on gas and electric utilities and
project hedged against rising energy costs
Reduces annual carbon emissions by 1,517 tons the Improved indoor air quality and lighting
equivalent of removing 290 cars from the road
TECHNICAL SCOPE
New LED lighting at 11 City facilities
Outdoor LED fixtures, photocells, and bi-level motion
sensors at 16 City facilities
510 kW pedestal-mounted solar PV at the Water Treatment
Plant
151 kW canopy-mounted solar PV and solar thermal roof-
mounted system at the Gauche Aquatic Park
New ventilation system with multi-zone system to variable
air volume operation at City Hall
Benefits include:
Cost savings from
reduced demand
charges
Secured solar
investment with
improved
performance
Avoid unfavorable
tariff rates and
bills
20-year warranty
PROJECT HIGHLIGHTS
Reduces City electricity spending by over 50% Hired local contractors for construction,
Reduces dependence on gas and electricity stimulating the local economy and providing
and hedges against rising energy cost local jobs
Saves $7MM
over the program life
Retrofitted streetlights,
indoor/outdoor parking lot
lighting, and traffic lights
with LEDs
863 kW of solar PV
Solar hot water heating system,
pool pump controls, and cover
at Memorial Park Pool
New roof at City Hall
Sutter County
PROGRAM HIGHLIGHTS
Achieved nearly $18.5MM in net savings Decreased electric utility purchases by 75%
Installed solar power, LED lighting, efficient air Reduced the Countys carbon footprint equivalent
conditioning and developed water conservation to taking 520 cars off the road every year
measures
TECHNICAL SCOPE
Installed 1.46 MW solar power generating systems
at ten sites
Upgraded interior/exterior LED lighting at 22 sites
New rooftop air conditioning units at 19 sites
Upgraded County-wide energy management
system to improve facility controls
Water conservation measures at the County Jail
Yuba County
PROGRAM HIGHLIGHTS
Will achieve $11.2MM in savings to the Countys Will reduce the Countys annual energy purchases by 50%
General Fund
Offsets nearly 2,300 tons of greenhouse gases annually
TECHNICAL SCOPE
Installed 1 MW PV solar systems at two sites
Replaced outdated emergency generator
Replaced HPS and MH lighting with induction lamp
technology at ten County buildings
Upgraded HVAC units at three sites
Installed high-efficiency magnetic drive chiller
Implemented water conservation measures
City of Lakeport
HVAC Replacement
Street Lighting
Solar Projects
LED Lighting
Annual Electric Total Yearly Total Billing
Building Name Address Square Feet
Billing Billing per SF
Wastewater Treatment Plant (5303820110) 795 Linda Lane, Lakeport, CA 1,600 $ 93,957 $ 93,957 $ 58.72 X
Wastewater Treatment Plant (0926692102) 795 Linda Lane, Lakeport, CA 600 $ 47,418 $ 47,418 $ 79.03 X
Wastewater Treatment Plant (5303820296) 695 Linda Lane, Lakeport, CA 600 $ 36,823 $ 36,823 $ 61.37 X
Corporate Yard (5303820468) 590 Konocti Ave, Lakeport, CA 1,404 $ 57,444 $ 57,444 $ 40.91 X
Corporate Yard (5303820499) 591 Martin St, Lakeport, CA 1,600 $ 40,952 $ 40,952 $ 25.60 X
Corporate Yard (5303820815) 591 Martin St, Lakeport, CA 4,016 $ 7,124 $ 7,124 $ 1.77 X
City Water Wells 1604 Riggs Rd, Lakeport, CA 168 $ 28,578 $ 28,578 $ 170.11 X
City Hall 225 Park St, Lakeport, CA 9,923 $ 13,080 $ 13,080 $ 1.32 X X
Police Department 2025 S. Main St, Lakeport, CA 4,995 $ 10,427 $ 10,427 $ 2.09 X X
Carnegie Library 200 Park St, Lakeport, CA 1,972 $ 672 $ 672 $ 0.34 X
Street Lights 225 Park St, Lakeport, CA - $ 2,384 $ 2,384 $ - X
26,877 $ 338,859 $ 338,859 $ 12.61 9 2 1 1
EV Charging Stations
Install a dual-car charging station at
City Hall underneath the solar
canopy
Program Benefits
Roadmap
OpTerra ES Project #: _ _ _ _ _ - _ _ _
OpTerra ES Contract # R ________
WHEREAS, OpTerra Energy Services is an energy services and solutions company with the technical and
management capabilities and experience to perform an integrated energy assessment (an Assessment) and to
identify supply-side and/or demand-side energy conservation measures (ECMs);
WHEREAS, Lakeport desires to enter into an agreement to have OpTerra Energy Services perform an
Assessment in accordance with the scope of work set forth in Attachment A (the Scope of Work) for the sites listed
on Part I of Attachment B (the Sites), and to deliver recommendations, described in the Scope of Work, identifying
energy improvements and operational changes to be installed or implemented at the Sites (the Recommendations);
and
WHEREAS, the primary purpose of the Assessment and the Recommendations is to provide an engineering and
economic basis for the implementation of the ECMs identified in the Recommendations, in furtherance of which the
Parties intend to negotiate and execute a contract providing for, among other things, engineering, procurement,
installation, construction and training services (an Energy Services Contract);
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
OpTerra Energy Services agrees to complete the Assessment and to present Recommendations to Lakeport
within ninety (90) calendar days after the date on which OpTerra Energy Services receives the information listed in
Part I of Attachment A (the Required Information). Lakeport agrees to deliver the Required Information to OpTerra
Energy Services no later than thirty (30) calendar days after the date hereof.
Lakeport agrees to assist OpTerra Energy Services in performing the Assessment by (i) providing OpTerra
Energy Services with access to key decision makers and stakeholders of the City of Lakeport, (ii) providing OpTerra
Energy Services its employees and agents, such access to the Sites and other relevant facilities of Lakeport as
OpTerra Energy Services deems necessary and (iii) providing, or causing Lakeports energy suppliers to provide,
complete and accurate data concerning energy usage and costs related to the Sites and other relevant facilities.
OpTerra Energy Services will be entitled to rely upon the accuracy and completeness of all information provided to
OpTerra Energy Services by Lakeport and Lakeports energy suppliers. OpTerra Energy Services will promptly
provide written notice to Lakeport if OpTerra Energy Services determines there is any incorrect data included in the
information provided by Lakeport or Lakeports energy suppliers, but OpTerra Energy Services will have no obligation
to correct or confirm any such information unless otherwise specified in the Scope of Work. Any change(s) in the
Scope of Work will be set forth in a writing executed by the Parties.
Lakeport will compensate OpTerra Energy Services for the Assessment and the Recommendations by payment
to OpTerra Energy Services of a fee (the Assessment Fee) in the amount of Thirty-Five Thousand Dollars
($35,000).
The Assessment Fee will be due and payable thirty (30) calendar days after OpTerra Energy Services
submission of the Recommendations; provided that if on such thirtieth (30th) calendar day OpTerra Energy Services
and Lakeport are negotiating an Energy Services Contract in good faith, the Assessment Fee will be due ninety (90)
calendar days after OpTerra Energy Services submission of the Recommendations; provided further, that if OpTerra
Energy Services and Lakeport execute an Energy Services Contract within ninety (90) calendar days after OpTerra
Energy Services submission of the Recommendations, the Assessment Fee, and other fees, costs, expenses,
disbursements and overhead of OpTerra Energy Services incurred during the Assessment, will be incorporated into
the total contract amount payable under such Energy Services Contract.
Each of Lakeport and OpTerra Energy Services reserves the right to terminate this Agreement at any time during
the course of the Assessment, by delivery of written notice to the other. If this Agreement is terminated by Lakeport,
the Assessment Fee will be payable by Lakeport to OpTerra Energy Services within thirty (30) calendar days of
termination. If this Agreement is terminated by OpTerra Energy Services, Lakeport will have no obligation to pay any
portion of the Assessment Fee to OpTerra Energy Services. If OpTerra Energy Services determines that the
projected savings from implementation of the ECMs identified during the Assessment cannot result in a paid-from-
savings project which complies with California Government Code Sections 4217.10 through 4217.18, the Assessment
and this Agreement will be terminated by OpTerra Energy Services.
Any amount not paid when due will, from and after the due date, bear interest at a fluctuating rate equal to the
sum of (a) The United States Prime Rate as listed from time to time in the Eastern print edition of the Wall Street
Journal plus (b) 2% per annum. Accrued and unpaid interest on past due amounts (including interest on past due
interest) will be due and payable upon demand.
3. INSURANCE
OpTerra Energy Services will maintain, or cause to be maintained, for the duration of this Agreement, the
insurance coverage outlined in (A) through (F) below, and all such other insurance as required by applicable law.
Evidence of coverage will be provided to Lakeport via an insurance certificate.
A. Workers' Compensation/Employers Liability for states in which OpTerra Energy Services is not a qualified
self-insured. Limits as follows:
* Workers' Compensation: Statutory
* Employers Liability: Bodily Injury by accident $1,000,000 each accident
Bodily Injury by disease $1,000,000 each employee
Bodily Injury by disease $1,000,000 policy limit
Coverage to be written on an occurrence form. Coverage to be at least as broad as ISO form CG 0001
(04/13) or its equivalent forms, without endorsements that limit the policy terms with respect to:
(1) provisions for severability of interest or (2) explosion, collapse, underground hazard.
C. Auto Liability insurance for owned, hired and non-owned vehicles with limits of $1,000,000 per accident.
Coverage to be written on an occurrence form.
Coverage terms and limits to apply excess of the per occurrence and/or aggregate limits provided for
Commercial General Liability and Professional Liability written on a claims made form. Coverage terms and
limits also to apply in excess of those required for Employers Liability and Auto Liability written on an
occurrence form.
F. Policy Endorsements.
* The insurance provided for Workers Compensation and Employers Liability above will contain
waivers of subrogation rights against Lakeport, but only to the extent of the indemnity obligations
contained in this Agreement.
* The insurance provided for Commercial General Liability and Auto Liability above will:
(1) include Lakeport as an additional insured with respect to Work performed under this
Agreement, but only to the extent of the indemnity obligations contained in this
Agreement, and
(2) provide that the insurance is primary coverage with respect to all insureds, but only to the
extent of the indemnity obligations contained in this Agreement.
4. INDEPENDENT CONTRACTOR
OpTerra Energy Services, and the agents and employees of OpTerra Energy Services, its subcontractors and/or
consultants, are acting in an independent capacity in the performance of this Agreement, and not as public officials,
officers, employees, consultants, or agents of the City of Lakeport for purposes of conflict of interest laws or any other
applicable law. This Agreement may not be construed to represent the creation of an employer/employee or
principal/agent relationship. OpTerra Energy Services will act in an independent capacity and retain sole discretion in
the manner and means of carrying out its activities under this Agreement. OpTerra Energy Services is free to work for
other entities while under contract with Lakeport.
As it is the intent of Lakeport and OpTerra Energy Services to pursue cost effective energy retrofits and ECMs at
the Sites pursuant to an Energy Services Contract, both Parties agree to enter into good faith negotiations of an
Energy Services Contract immediately following completion of the Assessment.
6. WORK PRODUCT
Lakeport will not, by virtue of this Agreement, acquire any interest in any formulas, patterns, devices, secret
inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which
are or may be used in connection with the Assessment or the Recommendations. The Recommendations, and all
data, proposals, plans, specifications, flow sheets, drawings, and other work product prepared or produced by
OpTerra Energy Services hereunder (Work Product) and furnished directly or indirectly, in writing or otherwise, to
Lakeport under this Agreement will remain OpTerra Energy Services property and will be used only in connection
with work performed by OpTerra Energy Services. OpTerra Energy Services will be deemed the author and owner of
such Work Product and will retain all common law, statutory and other reserved rights, including copyrights. The
Work Product may not be used by Lakeport as a basis for facility construction or implementation of ECMs developed
herein by any entity other than OpTerra Energy Services, without the prior written agreement of OpTerra Energy
Services. Any unauthorized use of the Work Product will be at Lakeports sole risk and without liability to OpTerra
Energy Services, and Lakeport agrees to defend, indemnify and hold harmless, OpTerra Energy Services, its
subcontractors, and their directors, employees, subcontractors, and agents from any and all actions, claims,
demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants and attorneys fees
and other defense expenses) and liabilities of any nature (collectively, Losses) associated with or resulting from
such use.
7. LIMITATION OF LIABILITY
The liability of a defaulting Party, in connection with this Agreement or any analysis, report, recommendations, or
other deliverables provided hereunder, will be limited to direct, actual damages. Neither Party shall be liable to the
other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort
(including negligence) or strict liability, including, but not limited to, operational losses in the performance of business
such as lost profits or revenues or any increase in operating expense. Additionally, each Party waives any claims for
negligence against the other Party to the greatest extent permitted by law. In no event will OpTerra Energy Services
be liable to Lakeport for any Losses which collectively exceed the amount of the Assessment Fee, regardless of
whether such amounts arise out of breach of contract, guarantee or warranty, tort, product liability, contribution, strict
liability or any other legal theory.
OpTerra Energy Services will comply with all applicable laws, rules, regulations and policies, including, but not
limited to, those relating to nondiscrimination, accessibility and civil rights.
Rev. Date: __________ Page 3 of 9
Program Development Agreement
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ATTACHMENT 2
The Parties acknowledge and agree that OpTerra Energy Services is not a municipal advisor and cannot give
advice to Lakeport with respect to municipal securities or municipal financial products absent Lakeport being
represented by, and relying upon the advice of, an independent registered municipal advisor. OpTerra Energy
Services is not subject to a fiduciary duty with regard to Lakeport or the provision of information to Lakeport. Lakeport
will consult with an independent registered municipal advisor about the financing option(s) appropriate for Lakeports
situation.
OpTerra Energy Services cannot guarantee that Lakeport will receive funding from any energy efficiency rebate,
incentive, and/or loan program(s) (collectively, Incentive Funds); OpTerra Energy Services expressly disclaims any
liability for Lakeports failure to receive any portion of the Incentive Funds, and Lakeport acknowledges and agrees
that OpTerra Energy Services will have no liability for any failure to receive all or any portion of the Incentive Funds.
9. FORCE MAJEURE
Neither Party will be considered to be in default in the performance of any material obligation under this
Agreement (other than the obligation to make payments) when a failure of performance will be due to an event of
Force Majeure. The term Force Majeure will mean any cause beyond the control of the affected Party and which by
the exercise of due diligence such Party could not reasonably have been expected to avoid and which, despite using
commercially reasonable efforts, it has been unable to overcome. Neither Party will be relieved of its obligation to
perform if such failure is due to causes arising out of its own negligence or due to removable or remediable causes
which it fails to remove or remedy within a reasonable time period. Either Party rendered unable to fulfill any of its
obligations under this Agreement by reason of an event of Force Majeure will give prompt written notice of such fact
to the other Party.
This Agreement constitutes the entire contract among the Parties relating to the subject matter hereof and
supersedes any and all previous agreements and understandings, oral or written, relating to the subject matter
hereof. This Agreement may not be amended except by a writing executed by both Parties. No oral amendment shall
be enforceable, even if supported by new consideration. Except as otherwise provided herein, the terms and
provisions of this Agreement will apply to, be binding upon, and inure to the benefit of the Parties hereto and their
respective heirs, legal representatives, successors, and permitted assigns.
This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each
of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of
an executed counterpart of a signature page of this Agreement by email shall be effective as delivery of a manually
executed counterpart of this Agreement.
If a dispute arises out of or relates to this Agreement, or the transaction contemplated by this Agreement (a
Dispute), either Party may initiate the dispute resolution process set forth in this Section 11 by giving notice to the
other Party. Senior executives for the Parties will meet, within thirty (30) calendar days after notice of the Dispute, in
an attempt to resolve the Dispute and any other identified disputes or any unresolved issues that may lead to a
dispute. If the senior executives are unable to resolve a Dispute or if a senior management conference is not held
within the time provided herein, either Party may submit the Dispute to mediation.
If the Dispute is not settled by senior management conference, the Parties will endeavor to settle the Dispute by
mediation under the Commercial Mediation Procedures of the American Arbitration Association (AAA). Mediation is
a condition precedent to arbitration or the institution of legal or equitable proceedings by either Party. Once one Party
files a request for mediation with the other Party and with the American Arbitration Association, the Parties agree to
conclude the mediation within sixty (60) calendar days after filing the request. Either Party may terminate the
mediation at any time after the first session, but the decision to terminate must be delivered in person by the Partys
representative to the other Partys representative and the mediator.
If the Dispute is not resolved by mediation within sixty (60) calendar days after the date of filing of the request for
mediation, then the exclusive means to resolve the Dispute is final and binding arbitration. Either Party may initiate
arbitration proceedings by notice to the other Party and the American Arbitration Association. The following provisions
apply to all arbitration proceedings pursuant to this Article: (i) The place of arbitration will be the American Arbitration
Association office closest to where the Assessment was performed; (ii) one arbitrator will conduct the arbitral
proceedings in accordance with the Commercial Arbitration Rules and Mediation Procedures (excluding the
Rev. Date: __________ Page 4 of 9
Program Development Agreement
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ATTACHMENT 2
Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association currently in effect
(Arbitration Rules) (to the extent of any conflicts between the Arbitration Rules and the provisions of this Agreement,
the provisions of this Agreement prevail); (iii) the Parties will submit true copies of all documents considered relevant
with their respective statement of claim or defense, and any counterclaim or reply (in the discretion of the arbitrator,
the production of additional documents that are relevant and material to the determination of the Dispute may be
required); (iv) the arbitrator does not have the power to award, and may not award, any punitive, indirect or
consequential damages (however denominated); all arbitration fees and costs are to be shared equally by the parties,
regardless of which Party prevails, and each Party will pay its own costs of legal representation and witness
expenses; (v) the award must be in the form of a reasoned award; (vi) the Dispute will be resolved as quickly as
possible, and the arbitrator will endeavor to issue the arbitration award within six (6) months after the date on which
the arbitration proceedings were commenced; and (vii) the award will be final and binding and subject to confirmation
and enforcement proceedings in any court of competent jurisdiction.
If any term of this Agreement is declared by a court to be illegal, invalid or unenforceable, the legality, validity
and enforceability of the other terms of this Agreement will not be affected or impaired thereby, and the rights and
obligations of the Parties will be enforced as if the illegal, invalid or unenforceable term were revised to the minimum
extent necessary to make such term legal, valid and enforceable.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this
Agreement.
By: By:
ATTACHMENT A
SCOPE OF WORK
2. Actual utility company invoices for all utilities serving the Sites, for a minimum of three (3) years, and
preferably five (5) years, immediately prior to the date hereof, with, beginning with the most recently
completed month.
3. Utility company demand interval recordings of 15/30-minute electrical demand for characteristic months of
the year, where available.
5. AutoCAD or hard copy of 8 x 11 or 11 x 17 floor and roof plans of all Sites, as well as information on
the age, type and condition of buildings and roofs.
6. A list of key contacts at each Site, including Lakeport personnel knowledgeable of the electrical, HVAC,
lighting and controls systems.
The Integrated Energy Assessment (the Assessment) will be performed as described below:
1. Identify potential energy conservation measures (ECMs) and opportunities for distributed and renewable
generation technologies.
2. Identify the potential locations and type of application for solar photovoltaics (PV) and other ECM
installations.
4. Identify comfort or system-function problems which may impact the performance of the recommended
measures.
5. Obtain the hours of operation for building systems and equipment, and expected occupancy and use.
6. Survey major energy using equipment, and record (to extent available) the pertinent information for the
following:
a. Lighting
b. HVAC equipment
c. Other (process, outdoor lighting, etc.)
D. Analyze HVAC and electrical usage for each Site, where existing historical sub-meter data is available.
E. OpTerra Energy Services will provide to Lakeport Recommendations which will include:
1. A draft Energy Services Contract which will include the contract amount, scope of work, and payment
schedule
2. A cash flow for the project which is compatible with Lakeports investment and infrastructure improvement
goals
A. The technologies listed below will be considered during the performance of assessments:
1. Lighting
a. Interior lighting fixture retrofit
b. Interior lighting controls
c. Street lighting fixture retrofit
d. Park lighting fixture retrofit
e. LED parking lot lighting
f. Energy efficient security lighting
ATTACHMENT B
STAFF REPORT
RE: Refinancing the Citys Outstanding 2007A Wastewater Revenue MEETING DATE: 9/19/2017
Bonds
RECOMMENDATION:
It is recommended that the City of Lakeport (the City) adopt Resolution No. XXXX (2017), A Resolution
of the City Council of the City of Lakeport Directing Staff to Initiate the Process of Issuing Wastewater
Revenue Refunding Bonds in the Aggregate Principal Amount of Approximately $3,000,000.
BACKGROUND/DISCUSSION:
The California Statewide Communities Development Authority Wastewater Revenue Bonds, Series 2007A (the
Prior Bonds) were originally issued on January 3, 2008, in the aggregate principal amount of $3,060,000. The
proceeds of the Prior Bonds were used to:
1) refinance the Citys 1978 Sewer Bonds
2) pay costs of issuance of the Prior Bonds.
The outstanding Prior Bonds have a balance of $2.51 million with a combined total debt service of
approximately $3.99 million and interest rates that range from 4.00% in 2018, to 4.75% in their final maturity
of 2038. The Prior Bonds are callable on any date at par on or after October 1, 2018 without a prepayment penalty.
A refunding closing in October 2017 would advance refund the Prior Bonds, placing funds in escrow accounts
until the par call date of October 1, 2018.
Current market interest rates are estimated at approximately 2.25% TIC which are significantly below the interest
rates on the Prior Bonds. Therefore, issuing the new bonds to refinance the Prior Bonds is expected to produce
lower debt service and therefore generate savings to the Citys wastewater system.
REVIEW AND ANALYSIS:
City staff has been working with its consultants to analyze and evaluate potential savings by refinancing the Prior
Bonds. These consultants have worked with the City on prior bond transactions including the last financing for
the Successor Redevelopment Agency in 2016.
Due to the current, historically low, interest rate environment and the ability to refinance the Prior Bonds at par
(without pre-payment penalty) on their first call date of October 1, 2018, debt service savings can be generated
by selling the Bonds by a private placement. City staff and its consultants have evaluated the benefits of a public
offering versus a private placement and have determined that a private placement results in the greatest savings
benefit to the City. In addition, a private placement sale is a simpler process, has less issuance costs, and has
reduced annual reporting requirements.
All of the costs of issuance associated with the refunding are paid out of bond proceeds upon closing. If the
Council adopts the Resolution, staff will work with NHA Advisors, LLC as municipal advisor, The Weist Law
Firm as bond counsel, and Hilltop Securities, Inc. as placement agent, to bring an appropriate set of documents
(e.g., Indenture, Escrow Agreement) back to Council at the meeting of October 17, 2017. This financing team
will work to sell the Bonds in early November and close the refinancing later that month. Bond proceeds will
be deposited into an irrevocable escrow to repay the Prior Bonds on October 1, 2018, which results in the
refinancing being an advanced refunding for Federal tax purposes.
Preliminary analysis has shown that the greatest savings to the City comes by utilizing the lower interest rates to
shorten the term of prior bonds from anywhere between 4 and 10 years. The remaining term of the prior bonds
is approximately 20 years. The refunding bonds could be issued with a similar annual debt service requirement
and a term of 16 years, essentially eliminating the final 4 years of debt service payments. Further reductions in
terms would result in greater savings but increase the annual debt service requirements over the remaining term.
Staff will work to determine the best scenario by weighing annual debt service requirements, NPV savings and
strategic placement for capital project completion by improving the Districts cash flow position upon
termination of the term of the refunding bonds.
OPTIONS:
1. Approve the resolution authorizing the City Manager and Finance Director to work with the
financing team to refinance the Prior Bonds by issuing wastewater revenue refunding bonds with a
principal amount of approximately $3,000,000.
FISCAL IMPACT:
None $ $125,000 issuance cost, ~$468,000 PV savings Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: Total savings will be based upon final interest rates set on the day of pricing (expected early
October). Based on current market rates for privately placed bonds, total savings of approximately $737,000
and net present value (NPV) savings of approximately $468,000 or 18.7% of the refunded bonds. Industry
standards state that savings in excess of 3.00% NPV are worthy of refunding consideration. The total costs of
issuance are estimated at $125,000 and are included in the savings analysis so that the estimated savings are net
of the issuance costs.
SUGGESTED MOTION:
Approve the resolution authorizing the City Manager and Finance Director to work with the financing team
to refinance the Prior Bonds by issuing wastewater revenue refunding bonds with a principal amount of
approximately $3,000,000.
WHEREAS, the City of Lakeport (the City) has heretofore caused (through the California
Statewide Communities Development Authority) the issuance of its Series 2007A Wastewater
Revenue Bonds in the original amount of $3,060,000, which are presently outstanding in the
approximate aggregate principal amount of $2,510,000(the Prior Obligations); and
WHEREAS, the City Council, after due investigation and deliberation, desires to arrange for the
procurement of low interest rate municipal financing in connection with the proposed prepayment
and defeasance (hereafter referred to as Refunding) of the Citys remaining outstanding principal
balances of Prior Obligations, and thereby save the City and its ratepayers money as a result of
reduced debt service payments stemming from such Refunding; and
WHEREAS, the City intends to take all action necessary to provide for the issuance of one or
more series (as is determined most economically advantageous prior to the time of issuance) of
City of Lakeport, Series 2017 Wastewater Revenue Refunding Obligations (2017 Wastewater
Refunding Project), Bank Qualified (the 2017 Obligations), the proceeds of which will be
placed in an irrevocable escrow fund with the trustee for the Prior Obligations and used solely for
the purpose of prepaying, and extinguishing the liens of, all outstanding Prior Obligations on the
respective first optional prepayment date; and
WHEREAS, in order to efficiently accomplish the Refunding, the City desires to appoint NHA
Advisors as Municipal Advisor, Hilltop Securities Inc. as Placement Agent and The Weist Law
Firm as Bond Counsel to provide the necessary professional services in connection therewith; and
WHEREAS, this action does not constitute a Project under California Environmental Quality
Act (CEQA) Guidelines Section 15378; and
Section 1. Recitals and Findings. The City Council hereby specifically finds and declares that
each of the statements, findings and determinations set forth in the recitals set forth above are true
and correct and that the Refunding is expected to result in significant public benefits to the City
and its ratepayers.
Section 2. Preliminary Intention to Proceed. The City Council hereby determines that it is
necessary and desirable to proceed with the Refunding of the Prior Obligations and issuance of
2017 Obligations, subject to final authorization thereof by resolution of the City at subsequent
meetings held for such purpose. This Resolution does not bind the City to make any expenditure,
1
ATTACHMENT 1
incur any indebtedness or ultimately provide for the Refunding or the issuance of 2017
Obligations.
Section 3. Authorized Representatives. The Mayor, City Manager, Finance Director, and any
other person authorized by the City manager to act on behalf of the City shall each be an
Authorized Representative of the City for the purposes of structuring and providing for the
matter to be brought back to the City Council for further consideration, and are hereby authorized,
jointly and severally, in each of their discretion, to effectuate the actions which the City Council
has approved in this Resolution.
Section 4. Appointing Bond Counsel, Municipal Advisor and Placement Agent. The City
hereby designates and appoints The Weist Law Firm to serve as Bond Counsel; NHA Advisors to
serve as Municipal Advisor; and Hilltop Securities Inc. as Placement Agent in connection with the
issuance of 2017 Obligations and defeasance of the Prior Obligations. The City Manager is
authorized and directed to execute an agreement with each of such firms, with such changes
therein, deletions therefrom and additions thereto as the City Manager may require or approve,
such approval to be conclusively evidenced by the execution and delivery thereof.
Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage
and adoption.
RESOLVED, APPROVED AND ADOPTED by the City of Lakeport on this 19th day of
September, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________
Stacey Mattina, Mayor
Attest:
_______________________
Kelly Buendia, City Clerk
2
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Professional Service Agreements for Background Investigative MEETING DATE: 9/19/2017
Services
BACKGROUND/DISCUSSION:
As part of its due diligence in the hiring process, the City of Lakeport utilizes background investigators for both
sworn and nonsworn employment candidates. For several years, the city has relied upon the services of
investigator, Ed Bean, to conduct these pre-employment background investigations. Mr. Bean recently moved
out of county and can no longer provide the service.
The Police Chief and Administrative Services Director set out to find a new background investigator and
determined it was in the interest of the City not only to get the three requisite quotes required by city
purchasing policy, but also to conduct a thorough search for firms that could provide this service. A request for
proposals/qualifications (RFPQ) was sent out to several investigative firms in Lake and Mendocino Counties. The
RFPQ set forth that firms understand the Commission on Peace Officer Standards and Training (POST)
requirements for background investigations. The firms would also need to understand the legalities involved
with non-sworn investigators and privacy concerns.
As part of a thorough review and interview process, the Police Chief and Administrative Services Director
examined the qualifications and availability of each consultant that responded to the RFPQ. There were four
firms identified that met the requisite qualifications: James Bauman dba Pacific Quest Investigations; Gary R.
Buchholz dba LACO Investigation; Cline Investigations, LLC; and Bob Nishiyama Investigations. None of the
consultants could individually guarantee full availability due to existing obligations. Therefore, a determination
was made to enter into contracts with each firm and utilize the firms based on availability.
The City entered into short-term agreements with the four firms under the City Managers signature authority.
Necessary services will likely exceed that authority soon. Staff would like to enter into five-year agreements
with each consultant and costs would be controlled through the budget process. The City anticipates long-term
relationships with these four firms. The City Attorney recommends a five-year term in order to have
opportunity to update contract language, if needed.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $20,000
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: RDA
Comments:
SUGGESTED MOTION:
Move to approve and authorize the City Manager to execute the proposed professional services agreements
with James Bauman dba Pacific Quest Investigations; Gary R. Buchholz dba LACO Investigation; Cline
Investigations, LLC; and Bob Nishiyama Investigations.
1. IDENTIFICATION
2. RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: Investigative Services.
2.2 Consultant represents that it is fully qualified to perform such professional services
by virtue of its experience and the training, education and expertise of its principals
and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.
3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.
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4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual
agreement of the parties or terminated earlier in accordance with Section 18 (Termination)
below.
5. CONSULTANTS SERVICES
5.2 Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.
5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
(ii) City has not consented in writing to Consultants performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. James
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Bauman shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
No other person shall serve as Consultant Project Administrator without Citys
prior written consent.
5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.
5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
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labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
except as otherwise required by law. Consultant shall include a copy of each
subconsultant invoice for which reimbursement is sought in the invoice.
6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.
All reports, documents or other written material (written products herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City without
restriction or limitation upon use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultants employees, except as set forth in this
Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in
any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall
not be entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultants previously earned California Public Employees Retirement
System (CalPERS) retirement benefits, if any, and Consultant specifically assumes the
responsibility for making such a determination. Consultant shall be responsible for all reports and
obligations including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, workers compensation, and other applicable
federal and state taxes.
9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
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upon written notice to Consultant. All services under this Agreement shall be performed at the
request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, or any
other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be
interpreted and construed to provide the City with the fullest protection possible
under the law. Consultant acknowledges that City would not enter into this
Agreement in the absence of Consultants commitment to indemnify and protect
City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the defense
of, and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and expenses for any damage due to death or injury
to any person, whether physical, emotional, consequential or otherwise, and injury
to any property arising out of or in connection with Consultants alleged negligence,
recklessness or willful misconduct or other wrongful acts, errors or omissions of
Consultant or any of its officers, employees, servants, agents, or subcontractors, or
anyone directly or indirectly employed by either Consultant or its subcontractors,
in the performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Such costs
and expenses shall include reasonable attorneys fees due to counsel of Citys
choice, expert fees and all other expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultants
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement and any amount due City from Consultant arising from
Consultants failure either to (i) pay taxes on amounts received pursuant to this
Agreement or (ii) comply with applicable workers compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
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Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant
because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.
11. INSURANCE
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11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultants
performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. Furthermore, the requirements for
coverage and limits shall be the greater of (1) the minimum coverage and limits
specified in this Agreement, or (2) the broader coverage and maximum limits of
coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less
than One Million Dollars ($1,000,000) including products and operations
hazard, contractual insurance, broad form property damage, independent
consultants, personal injury, underground hazard, and explosion and
collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million
Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per
incident.
11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:VII in the latest
edition of Bests Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
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Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file
with Citys Risk Manager a certificate or certificates of insurance showing that the
required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City and its officers, employees,
agents and volunteers as Additional Insureds. All of the policies required under this
Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty days prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word endeavor with regard
to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage
available to City. Any insurance or self-insurance maintained by City and/or its
officers, employees, agents or volunteers shall be in excess of Consultants
insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultants employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss. Consultant hereby waives all rights of
subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond in the amount of the deductible or self-insured retention to guarantee
payment of losses and expenses.
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11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.
11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.
11.15 City reserves the right to obtain a full certified copy of any Insurance policy and
endorsements. Failure to exercise this right shall not constitute a waiver of the right
to exercise later.
12.1 City shall provide Consultant with all pertinent data, documents and other requested
information as is reasonably available for the proper performance of Consultants
services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultants
performance in connection with this Agreement, Consultant shall render any
reasonable assistance that City may require in the defense of that claim, action, or
proceeding.
13. CONFIDENTIALITY
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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to City under this Agreement for a minimum of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant under
this Agreement. All such documents shall be made available for inspection, audit, and/or copying
at any time during regular business hours, upon oral or written request of City. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand dollars, all such documents and this
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City
or as part of any audit of City, for a period of three (3) years after final payment under the
Agreement.
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultants performance of this Agreement. This includes, but shall not be limited
to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultants and Citys regular business hours; or (ii) on the third business day following deposit
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to
such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
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The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days written
notice to Consultant. Consultant may terminate this Agreement for any reason on
thirty calendar days written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
promptly returned to City upon the termination or expiration of this Agreement.
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written consent, and any attempt to do so shall be void and of no effect. City shall not
be obligated or liable under this Agreement to any party other than Consultant.
19.2. In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, sexual orientation, national origin, ancestry, age,
physical or mental disability, medical condition or any other unlawful basis.
19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the
head of which it appears, the section or paragraph shall govern construction of this
Agreement. Masculine or feminine pronouns shall be substituted for the neuter
form and vice versa, and the plural shall be substituted for the singular and vice
versa, in any place or places herein in which the context requires such
substitution(s).
19.4. The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of any other term, covenant or
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained. No term, covenant or condition of this Agreement shall
be deemed to have been waived by City or Consultant unless in writing signed by
one authorized to bind the party to be charged with the waiver.
19.5. Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in Citys sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
19.6. Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition
to every other right, power, or remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise. The exercise, the commencement
of the exercise, or the forbearance from the exercise by any party of any one or
more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the action. The venue for any litigation shall be
Lake County, California and Consultant hereby consents to jurisdiction in Lake
County for purposes of resolving any dispute or enforcing any obligation arising
under this Agreement.
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19.7. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to the extent necessary to, cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In such
event, the remainder of this Agreement, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.
19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those of any document incorporated herein by
reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between City and Consultant with respect to the transactions
contemplated herein. No other prior oral or written agreements are binding upon
the parties. Amendments hereto or deviations herefrom shall be effective and
binding only if made in writing and executed on behalf of the City and Consultant.
19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:
City Consultant
James Bauman DBA Pacific Quest Investigations
By___________________________ By:_______________________________
MARGARET SILVEIRA JAMES BAUMAN, OWNER
Date:______________________ Date:_________________________
Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
David J. Ruderman, City Attorney
Date: _________________________
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EXHIBIT A
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1. IDENTIFICATION
2. RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: Investigative Services.
2.2 Consultant represents that it is fully qualified to perform such professional services
by virtue of its experience and the training, education and expertise of its principals
and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.
3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.
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4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.
5. CONSULTANTS SERVICES
5.2 Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.
5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
(ii) City has not consented in writing to Consultants performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. Gary
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Buchholz shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
No other person shall serve as Consultant Project Administrator without Citys
prior written consent.
5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.
5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
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labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
except as otherwise required by law. Consultant shall include a copy of each
subconsultant invoice for which reimbursement is sought in the invoice.
6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.
All reports, documents or other written material (written products herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City without
restriction or limitation upon use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultants employees, except as set forth in this
Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in
any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall
not be entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultants previously earned California Public Employees Retirement
System (CalPERS) retirement benefits, if any, and Consultant specifically assumes the
responsibility for making such a determination. Consultant shall be responsible for all reports and
obligations including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, workers compensation, and other applicable
federal and state taxes.
9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
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upon written notice to Consultant. All services under this Agreement shall be performed at the
request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, or any
other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be
interpreted and construed to provide the City with the fullest protection possible
under the law. Consultant acknowledges that City would not enter into this
Agreement in the absence of Consultants commitment to indemnify and protect
City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the defense
of, and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and expenses for any damage due to death or injury
to any person, whether physical, emotional, consequential or otherwise, and injury
to any property arising out of or in connection with Consultants alleged negligence,
recklessness or willful misconduct or other wrongful acts, errors or omissions of
Consultant or any of its officers, employees, servants, agents, or subcontractors, or
anyone directly or indirectly employed by either Consultant or its subcontractors,
in the performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Such costs
and expenses shall include reasonable attorneys fees due to counsel of Citys
choice, expert fees and all other expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultants
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement and any amount due City from Consultant arising from
Consultants failure either to (i) pay taxes on amounts received pursuant to this
Agreement or (ii) comply with applicable workers compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
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Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant
because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.
11. INSURANCE
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11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultants
performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. Furthermore, the requirements for
coverage and limits shall be the greater of (1) the minimum coverage and limits
specified in this Agreement, or (2) the broader coverage and maximum limits of
coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less
than One Million Dollars ($1,000,000) including products and operations
hazard, contractual insurance, broad form property damage, independent
consultants, personal injury, underground hazard, and explosion and
collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million
Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per
incident.
11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:VII in the latest
edition of Bests Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
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Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file
with Citys Risk Manager a certificate or certificates of insurance showing that the
required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City and its officers, employees,
agents and volunteers as Additional Insureds. All of the policies required under this
Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty days prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word endeavor with regard
to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage
available to City. Any insurance or self-insurance maintained by City and/or its
officers, employees, agents or volunteers shall be in excess of Consultants
insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultants employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss. Consultant hereby waives all rights of
subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond in the amount of the deductible or self-insured retention to guarantee
payment of losses and expenses.
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11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.
11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.
11.15 City reserves the right to obtain a full certified copy of any Insurance policy and
endorsements. Failure to exercise this right shall not constitute a waiver of the right
to exercise later.
12.1 City shall provide Consultant with all pertinent data, documents and other requested
information as is reasonably available for the proper performance of Consultants
services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultants
performance in connection with this Agreement, Consultant shall render any
reasonable assistance that City may require in the defense of that claim, action, or
proceeding.
13. CONFIDENTIALITY
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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to City under this Agreement for a minimum of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant under
this Agreement. All such documents shall be made available for inspection, audit, and/or copying
at any time during regular business hours, upon oral or written request of City. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand dollars, all such documents and this
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City
or as part of any audit of City, for a period of three (3) years after final payment under the
Agreement.
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultants performance of this Agreement. This includes, but shall not be limited
to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultants and Citys regular business hours; or (ii) on the third business day following deposit
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to
such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
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The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days written
notice to Consultant. Consultant may terminate this Agreement for any reason on
thirty calendar days written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
promptly returned to City upon the termination or expiration of this Agreement.
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written consent, and any attempt to do so shall be void and of no effect. City shall not
be obligated or liable under this Agreement to any party other than Consultant.
19.2. In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, sexual orientation, national origin, ancestry, age,
physical or mental disability, medical condition or any other unlawful basis.
19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the
head of which it appears, the section or paragraph shall govern construction of this
Agreement. Masculine or feminine pronouns shall be substituted for the neuter
form and vice versa, and the plural shall be substituted for the singular and vice
versa, in any place or places herein in which the context requires such
substitution(s).
19.4. The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of any other term, covenant or
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained. No term, covenant or condition of this Agreement shall
be deemed to have been waived by City or Consultant unless in writing signed by
one authorized to bind the party to be charged with the waiver.
19.5. Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in Citys sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
19.6. Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition
to every other right, power, or remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise. The exercise, the commencement
of the exercise, or the forbearance from the exercise by any party of any one or
more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the action. The venue for any litigation shall be
Lake County, California and Consultant hereby consents to jurisdiction in Lake
County for purposes of resolving any dispute or enforcing any obligation arising
under this Agreement.
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19.7. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to the extent necessary to, cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In such
event, the remainder of this Agreement, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.
19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those of any document incorporated herein by
reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between City and Consultant with respect to the transactions
contemplated herein. No other prior oral or written agreements are binding upon
the parties. Amendments hereto or deviations herefrom shall be effective and
binding only if made in writing and executed on behalf of the City and Consultant.
19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:
City Consultant
Gary Buchholz DBA LACO Investigation
By___________________________ By:_______________________________
MARGARET SILVEIRA GARY BUCHHOLZ, OWNER
Date:______________________ Date:_________________________
Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
David J. Ruderman, City Attorney
Date: _________________________
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1. IDENTIFICATION
RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: Investigative Services.
2.2 Consultant represents that it is fully qualified to perform such professional services
by virtue of its experience and the training, education and expertise of its principals
and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
2. DEFINITIONS
3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.
3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.
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3. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.
4. CONSULTANTS SERVICES
5.2 Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement. 4
5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
(ii) City has not consented in writing to Consultants performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. Kevin
Cline shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
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5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.
5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.
5. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
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6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.
All reports, documents or other written material (written products herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City without
restriction or limitation upon use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.
7. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultants employees, except as set forth in this
Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in
any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall
not be entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultants previously earned California Public Employees Retirement
System (CalPERS) retirement benefits, if any, and Consultant specifically assumes the
responsibility for making such a determination. Consultant shall be responsible for all reports and
obligations including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, workers compensation, and other applicable
federal and state taxes.
8. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
upon written notice to Consultant. All services under this Agreement shall be performed at the
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request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.
9. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, or any
other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be
interpreted and construed to provide the City with the fullest protection possible
under the law. Consultant acknowledges that City would not enter into this
Agreement in the absence of Consultants commitment to indemnify and protect
City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the defense
of, and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and expenses for any damage due to death or injury
to any person, whether physical, emotional, consequential or otherwise, and injury
to any property arising out of or in connection with Consultants alleged negligence,
recklessness or willful misconduct or other wrongful acts, errors or omissions of
Consultant or any of its officers, employees, servants, agents, or subcontractors, or
anyone directly or indirectly employed by either Consultant or its subcontractors,
in the performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Such costs
and expenses shall include reasonable attorneys fees due to counsel of Citys
choice, expert fees and all other expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultants
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement and any amount due City from Consultant arising from
Consultants failure either to (i) pay taxes on amounts received pursuant to this
Agreement or (ii) comply with applicable workers compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.
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10.6 City does not, and shall not, waive any rights that it may possess against Consultant
because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.
10. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultants
performance of this Agreement.
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11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. Furthermore, the requirements for
coverage and limits shall be the greater of (1) the minimum coverage and limits
specified in this Agreement, or (2) the broader coverage and maximum limits of
coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less
than One Million Dollars ($1,000,000) including products and operations
hazard, contractual insurance, broad form property damage, independent
consultants, personal injury, underground hazard, and explosion and
collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million
Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per
incident.
11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:VII in the latest
edition of Bests Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file
with Citys Risk Manager a certificate or certificates of insurance showing that the
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required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City and its officers, employees,
agents and volunteers as Additional Insureds. All of the policies required under this
Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty days prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word endeavor with regard
to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage
available to City. Any insurance or self-insurance maintained by City and/or its
officers, employees, agents or volunteers shall be in excess of Consultants
insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultants employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss. Consultant hereby waives all rights of
subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond in the amount of the deductible or self-insured retention to guarantee
payment of losses and expenses.
11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.
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11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.
11.15 City reserves the right to obtain a full certified copy of any Insurance policy and
endorsements. Failure to exercise this right shall not constitute a waiver of the right
to exercise later.
12.1 City shall provide Consultant with all pertinent data, documents and other requested
information as is reasonably available for the proper performance of Consultants
services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultants
performance in connection with this Agreement, Consultant shall render any
reasonable assistance that City may require in the defense of that claim, action, or
proceeding.
12. CONFIDENTIALITY
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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to City under this Agreement for a minimum of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant under
this Agreement. All such documents shall be made available for inspection, audit, and/or copying
at any time during regular business hours, upon oral or written request of City. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand dollars, all such documents and this
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City
or as part of any audit of City, for a period of three (3) years after final payment under the
Agreement.
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultants performance of this Agreement. This includes, but shall not be limited
to, professional licenses, encroachment permits and building and safety permits and inspections.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultants and Citys regular business hours; or (ii) on the third business day following deposit
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to
such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
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The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
17. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days written
notice to Consultant. Consultant may terminate this Agreement for any reason on
thirty calendar days written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
promptly returned to City upon the termination or expiration of this Agreement.
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written consent, and any attempt to do so shall be void and of no effect. City shall not
be obligated or liable under this Agreement to any party other than Consultant.
19.2. In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, sexual orientation, national origin, ancestry, age,
physical or mental disability, medical condition or any other unlawful basis.
19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the
head of which it appears, the section or paragraph shall govern construction of this
Agreement. Masculine or feminine pronouns shall be substituted for the neuter
form and vice versa, and the plural shall be substituted for the singular and vice
versa, in any place or places herein in which the context requires such
substitution(s).
19.4. The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of any other term, covenant or
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained. No term, covenant or condition of this Agreement shall
be deemed to have been waived by City or Consultant unless in writing signed by
one authorized to bind the party to be charged with the waiver.
19.5. Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in Citys sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
19.6. Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition
to every other right, power, or remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise. The exercise, the commencement
of the exercise, or the forbearance from the exercise by any party of any one or
more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the action. The venue for any litigation shall be
Lake County, California and Consultant hereby consents to jurisdiction in Lake
County for purposes of resolving any dispute or enforcing any obligation arising
under this Agreement.
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19.7. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to the extent necessary to, cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In such
event, the remainder of this Agreement, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.
19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those of any document incorporated herein by
reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between City and Consultant with respect to the transactions
contemplated herein. No other prior oral or written agreements are binding upon
the parties. Amendments hereto or deviations herefrom shall be effective and
binding only if made in writing and executed on behalf of the City and Consultant.
19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:
City Consultant
CLINE INVESTIGATIONS, LLC
By___________________________ By:_______________________________
MARGARET SILVEIRA KEVIN CLINE, PRESIDENT
Date:______________________ Date:_________________________
Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
David J. Ruderman, City Attorney
Date: _________________________
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EXHIBIT A
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2. IDENTIFICATION
RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: Investigative Services.
2.2 Consultant represents that it is fully qualified to perform such professional services
by virtue of its experience and the training, education and expertise of its principals
and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
4. DEFINITIONS
3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.
3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.
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5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.
6. CONSULTANTS SERVICES
5.2 Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.
5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
(ii) City has not consented in writing to Consultants performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. Bob
Nishiyama shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
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5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.
5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.
7. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
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6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.
All reports, documents or other written material (written products herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City without
restriction or limitation upon use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.
9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultants employees, except as set forth in this
Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in
any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall
not be entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultants previously earned California Public Employees Retirement
System (CalPERS) retirement benefits, if any, and Consultant specifically assumes the
responsibility for making such a determination. Consultant shall be responsible for all reports and
obligations including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, workers compensation, and other applicable
federal and state taxes.
In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
upon written notice to Consultant. All services under this Agreement shall be performed at the
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request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.
11. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, or any
other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be
interpreted and construed to provide the City with the fullest protection possible
under the law. Consultant acknowledges that City would not enter into this
Agreement in the absence of Consultants commitment to indemnify and protect
City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the defense
of, and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and expenses for any damage due to death or injury
to any person, whether physical, emotional, consequential or otherwise, and injury
to any property arising out of or in connection with Consultants alleged negligence,
recklessness or willful misconduct or other wrongful acts, errors or omissions of
Consultant or any of its officers, employees, servants, agents, or subcontractors, or
anyone directly or indirectly employed by either Consultant or its subcontractors,
in the performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Such costs
and expenses shall include reasonable attorneys fees due to counsel of Citys
choice, expert fees and all other expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultants
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement and any amount due City from Consultant arising from
Consultants failure either to (i) pay taxes on amounts received pursuant to this
Agreement or (ii) comply with applicable workers compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.
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10.6 City does not, and shall not, waive any rights that it may possess against Consultant
because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.
12. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultants
performance of this Agreement.
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11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. Furthermore, the requirements for
coverage and limits shall be the greater of (1) the minimum coverage and limits
specified in this Agreement, or (2) the broader coverage and maximum limits of
coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less
than One Million Dollars ($1,000,000) including products and operations
hazard, contractual insurance, broad form property damage, independent
consultants, personal injury, underground hazard, and explosion and
collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million
Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per
incident.
11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:VII in the latest
edition of Bests Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file
with Citys Risk Manager a certificate or certificates of insurance showing that the
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required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City and its officers, employees,
agents and volunteers as Additional Insureds. All of the policies required under this
Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty days prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word endeavor with regard
to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage
available to City. Any insurance or self-insurance maintained by City and/or its
officers, employees, agents or volunteers shall be in excess of Consultants
insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultants employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss. Consultant hereby waives all rights of
subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond in the amount of the deductible or self-insured retention to guarantee
payment of losses and expenses.
11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.
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11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.
11.15 City reserves the right to obtain a full certified copy of any Insurance policy and
endorsements. Failure to exercise this right shall not constitute a waiver of the right
to exercise later.
12.1 City shall provide Consultant with all pertinent data, documents and other requested
information as is reasonably available for the proper performance of Consultants
services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultants
performance in connection with this Agreement, Consultant shall render any
reasonable assistance that City may require in the defense of that claim, action, or
proceeding.
14. CONFIDENTIALITY
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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to City under this Agreement for a minimum of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant under
this Agreement. All such documents shall be made available for inspection, audit, and/or copying
at any time during regular business hours, upon oral or written request of City. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand dollars, all such documents and this
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City
or as part of any audit of City, for a period of three (3) years after final payment under the
Agreement.
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultants performance of this Agreement. This includes, but shall not be limited
to, professional licenses, encroachment permits and building and safety permits and inspections.
17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultants and Citys regular business hours; or (ii) on the third business day following deposit
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to
such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
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The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
19. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days written
notice to Consultant. Consultant may terminate this Agreement for any reason on
thirty calendar days written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
promptly returned to City upon the termination or expiration of this Agreement.
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written consent, and any attempt to do so shall be void and of no effect. City shall not
be obligated or liable under this Agreement to any party other than Consultant.
19.2. In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, sexual orientation, national origin, ancestry, age,
physical or mental disability, medical condition or any other unlawful basis.
19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the
head of which it appears, the section or paragraph shall govern construction of this
Agreement. Masculine or feminine pronouns shall be substituted for the neuter
form and vice versa, and the plural shall be substituted for the singular and vice
versa, in any place or places herein in which the context requires such
substitution(s).
19.4. The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of any other term, covenant or
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained. No term, covenant or condition of this Agreement shall
be deemed to have been waived by City or Consultant unless in writing signed by
one authorized to bind the party to be charged with the waiver.
19.5. Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in Citys sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
19.6. Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition
to every other right, power, or remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise. The exercise, the commencement
of the exercise, or the forbearance from the exercise by any party of any one or
more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the action. The venue for any litigation shall be
Lake County, California and Consultant hereby consents to jurisdiction in Lake
County for purposes of resolving any dispute or enforcing any obligation arising
under this Agreement.
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19.7. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to the extent necessary to, cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In such
event, the remainder of this Agreement, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.
19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those of any document incorporated herein by
reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between City and Consultant with respect to the transactions
contemplated herein. No other prior oral or written agreements are binding upon
the parties. Amendments hereto or deviations herefrom shall be effective and
binding only if made in writing and executed on behalf of the City and Consultant.
19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:
City Consultant
Bob Nishiyama Investigations
By___________________________ By:_______________________________
MARGARET SILVEIRA ROBERT NISHIYAMA, OWNER
Date:______________________ Date:_________________________
Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
David J. Ruderman, City Attorney
Date: _________________________
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