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AGENDA REGULAR MEETING OF THE LAKEPORT CITY COUNCIL (ALSO MEETS AS THE CITY OF LAKEPORT

AGENDA

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 FORMER LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, February 19, 2019 City Council Chambers, 225 Park Street, Lakeport, California 95453

Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. CALL TO ORDER & ROLL CALL:

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS:

IV. CONSENT AGENDA:

A. Ordinances:

B. Minutes:

C. Renew Emergency Resolution:

D. Application 2019-004:

E. Contract:

F. Contract:

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input:

VI. PUBLIC HEARINGS:

A. Parklands Ordinance:

VII. COUNCIL BUSINESS:

A. Community Development Director

1. Lake County Economic Development Committee:

B. Police Chief

6:00 p.m.

Move to accept agenda as posted, or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

Approve minutes of the City Council regular meeting of February 5, 2019.

Confirm the continuing existence of a local emergency in the City of Lakeport.

Approve Application 2019-004, with staff recommendations, for the Cinco de Mayo event, to be held May 5, 2019.

Approve an agreement for sales, use and transaction tax audit and reporting services with Avenue Insights & Analytics

Approve and authorize the City Manager to execute a professional services agreement with Paul Curren (dba Curren Consulting) for City Engineer Services.

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 tonight’s agenda. Persons wishing to address the City Council are required to complete a Citizen’s 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.

Hold a public hearing and adopt an Ordinance of the City Council of the City of Lakeport Amending Chapter 9.80 of Title 9 of the Lakeport Municipal Code regarding the Hours of Use of City Parklands.

Consider a motion to support the continued implementation of the Lake EDC Path to Prosperity Economic Strategy and direct staff to consider the allocation of funding consistent with said plan as part of the development of the City of Lakeport fiscal year 2019/2020 budget.

City Council Agenda of February 19, 2019

Page 2

California LLC for the Dollar General at 1450 South Main Street, Lakeport California.

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 Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s 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 Clerk’s 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 SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, February 5, 2019 City Council Chambers, 225 Park Street, Lakeport, California 95453

I. CALL TO ORDER & ROLL CALL:

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS:

IV. CONSENT AGENDA:

A. Ordinances:

B. Minutes:

C. Warrants:

D. Renew Emergency Resolution:

E. Measure Z Advisory Committee (MZAC):

F. Ordinance Introduction:

Vote on Consent Agenda:

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input:

VI. COUNCIL BUSINESS:

A. Police Chief

1. Police Activity Statistics:

B. Finance Director

1. Quarterly Financial Statement and Mid-Year Report:

C. Community Development Director

Mayor Barnes called the meeting to order at 6:00 p.m., with Council Member Mattina, Council Member Parlet, Council Member Turner, And Mayor Barnes were present. Council Member Spurr was absent.

The Pledge of Allegiance was led by Parks Foreman Ladd.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote, with Council Member Spurr absent, to accept the agenda as posted.

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

Approve minutes of the City Council regular meeting of January 15, 2019 and the special meeting of January 22, 2019

Approve the warrant register of January 29, 2019.

Confirm the continuing existence of a local emergency in the City of Lakeport.

Receive and file the draft minutes of the January 16, 2019 MZAC meeting.

Introduce an Ordinance of the City Council of the City of Lakeport Amending Chapter 9.80 of Title 9 of the Lakeport Municipal Code regarding the Hours of Use of City Parklands, and set a public hearing for February 19, 2019.

A motion was made by Council Member Turner, seconded by Council Member Parlet, and unanimously carried by voice vote, with Council Member Spurr absent, to approve the consent agenda, items A-F.

Joann Saccato of CA Hope spoke about the services offered for victims of disasters. The services will be available until August and offered through the Lake Family Resource Center.

Chief Rasmussen presented an update on Lakeport Police Department calls for service, response times, arrest numbers, and investigations data.

Finance Director Walker presented the 2nd Quarter Financial Update and Mid- Year Review, FY 2018-19 for the Council to review and file.

City Council Minutes of February 5, 2019

Page 2

Supervisor Scott spoke in opposition to the annexation. She advised the County has plans to bring water to the area of interest.

Suzanne Lyons looked for clarification regarding property tax sharing vs. sales tax sharing and noted the process has been a long one.

Paul Breunig and John DelSignore, were opposed to the proposed annexation.

Ron Rose is opposed to the annexation. He advised that the property owners would go to former Supervisor Anthony Farrington and have him file a class action lawsuit on their behalf.

Bill Graham asked if the fiscal analysis would show the costs of infrastructure as well as potential revenue.

A motion was made by Council Member Mattina, seconded by Council Member

Parlet, and unanimously carried by voice vote, with Council Member Spurr absent, to approve the requested budget adjustment in the amount of $17,980 for the completion of an Annexation Fiscal Analysis study for the South Lakeport Annexation Project and direct staff to finalize the required application for Annexation with LAFCo and prepare a Resolution of Application for the City Council’s approval.

D. Public Works Director

1. Proposed Theater in Westside Community Park:

Mayor Barnes recused himself from, and left the room during, discussion and voting on this item, stating that his spouse is a non-compensated board member

of the Lake County Theater Company (LCTC), a non-profit 501c3.

Suzanne Lyons and Wilda Shock spoke in favor of the concept.

Cyndy Forbes of the LCTC spoke about the project.

Public Works Director Grider presented the staff report.

A motion was made by Council Member Parlet, seconded by Council Member

Mattina, and unanimously carried by voice vote, with Council Member Spurr absent, to approve the concept of a “Black Box” Theater at Westside Community Park Phase III, to be developed by the Lake County Theater Company.

2. Emergency Spill Response Trailer:

Parks Foreman Ladd presented the staff report.

A motion was made by Council Member Turner, seconded by Council Member

Parlet, and unanimously carried by voice vote, with Council Member Spurr absent, to adopt a resolution accepting grant funds from the California Department of Fish and Wildlife, Office of Spill Prevention and Response, for oil spill response equipment, and authorize the City Manager to sign a purchase order with Global Diving & Salvage, Inc. for the construction and delivery of the oil spill response trailer.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

City Manager Silveira had no report.

City Attorney Ruderman had no report.

Public Works Director Grider had no report.

Finance Director Walker had no report.

Chief Rasmussen had no report.

City Council Minutes of February 5, 2019

Page 3

VIII. ADJOURNMENT:

Attest:

Hilary Britton, Deputy City Clerk

Community Development Director Ingram had no report.

Mayor Barnes had no report.

Council Member Parlet reported that LAFCo has created an informational flyer regarding the agency’s mission, and he will distribute this at the next Council meeting.

Council Member Mattina had no report.

Council Member Turner invited all to join the Lakeport Police Department for their donuts & coffee fundraiser for the Special Olympics. She also announced that the Lakeport Senior Center is offering Second Sunday Breakfast on February 13, 2019.

Mayor Barnes adjourned the meeting at 7:16 p.m.

Tim Barnes, Mayor

X

2019-004

02/19/2019

From:

To:

Subject:

RE: Application 2019-003 - Cinco de Mayo

Date:

Tuesday, February 12, 2019 9:22:07 AM

Attachments:

image002.png

Good morning Hilary,

Thank you for the opportunity to comment on this application. I have reviewed the application and it does not appear that this event will impact County roads in any way. We have no comments or conditions to add to this permit.

Thank you,

Lori Price Secretary III Lake County Public Works

From: Hilary Britton [hbritton@cityoflakeport.com] Sent: Monday, February 11, 2019 1:12 PM To: Dean Eichelmann; Cheryl Bennett; Cynthia Ader; Daniel Chance; Doug Grider; Executive Management; Jason Ferguson; Jim Kennedy; Linda Sobieraj; 'Lisa Davey-Bates'; Lori Price; Matt Hartzog; Mike Sobieraj; Pheakdey Preciado; Rebekah Dolby; Ron Ladd; records@lakecountyca.gov; Tina Rubin; 'Wanda Gray' Subject: Application 2019-003 - Cinco de Mayo

Hi all,

Please find attached application 2019-004 for the Cinco de Mayo event to be held in Library Park on May 5, 2019, for your review and comments.

We would like to submit this for Council consideration at the meeting on 02/19/2019, so please have your comments back to me by 02/14/2019.

Thank you, as always, for your input.

Hilary Britton Deputy City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 (707) 263-5615 x102 hbritton@cityoflakeport.com

225 Park Street Lakeport, CA 95453 (707) 263-5615 x102 hbritton@cityoflakeport.com ( Click button to register online)
225 Park Street Lakeport, CA 95453 (707) 263-5615 x102 hbritton@cityoflakeport.com ( Click button to register online)
225 Park Street Lakeport, CA 95453 (707) 263-5615 x102 hbritton@cityoflakeport.com ( Click button to register online)

(Click button to register online)

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE:
Continuation of Local Emergency Declaration
MEETING DATE:
02/19/2019
SUBMITTED BY:
Margaret Silveira, City Manager
PURPOSE OF REPORT:
Information only
Discussion
Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the need to continue the proclamation declaring a Local State of Emergency due to conditions of extreme peril as a result of the River Fire, re-named along with the Ranch Fire, the Mendocino Complex fire and provide direction.

BACKGROUND/DISCUSSION:

On July 28, 2018, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency in connection with the conditions of extreme peril to the safety of persons and property within the city as a result of the River Fire, re-named the Mendocino Complex fire in combination with the Ranch Fire. In accordance with the Emergency Services Act Section 8630(b) and Lakeport Municipal Code section 2.28.130, the City Council ratified the declared emergency on July 30, 2018 under Resolution 2679 (2018). Under Lakeport Municipal Code section 2.28.150, the City Council shall review, at least every 14 days, the need for continuing the emergency declaration until the local emergency is terminated.

The City Council, at a Special Meeting on August 13, 2018, continued the emergency declaration via Resolution 2680 (2018). The City Council subsequently continued the emergency declaration on August 21, 2018, September 18, 2018, October 2, 2018, October 16, 2018, November 6, 2018, November 20, 2018, December 4, 2018, December 18, 2018, January 15, 2019, and February 5, 2019. Since a need still exists for the declaration, Council is asked to review and continue the declaration. Should the need continue, staff will return this item at the next regularly scheduled City Council meeting.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to Mendocino Complex fire; or proclaim the termination of the Local State of Emergency

FISCAL IMPACT: None $
FISCAL IMPACT:
None
$

Budget Adjustment Needed?

Budgeted Item? Yes No
Budgeted Item?
Yes
No

Yes

$ Budget Adjustment Needed? Budgeted Item? Yes No Yes No If yes, amount of appropriation increase:

No

If yes, amount of appropriation increase: $

Affected fund(s):

Comments:

SUGGESTED MOTIONS: Move to confirm the continuing existence of a local emergency in the City of Lakeport.

existence of a local emergency in the City of Lakeport. General Fund Water OM Fund Sewer

General Fund

of a local emergency in the City of Lakeport. General Fund Water OM Fund Sewer OM

Water OM Fund

in the City of Lakeport. General Fund Water OM Fund Sewer OM Fund Other: Attachments: 1.

Sewer OM Fund

City of Lakeport. General Fund Water OM Fund Sewer OM Fund Other: Attachments: 1. Resolution No.

Other:

of Lakeport. General Fund Water OM Fund Sewer OM Fund Other: Attachments: 1. Resolution No. 2679

Attachments:

1.

Resolution No. 2679 (2018)

ATTACHMENT 1

RESOLUTION NO. 2679 (2018)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RATIFYING THE DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION OF A LOCAL EMERGENCY IN THE CITY OF LAKEPORT

WHEREAS, Chapter 2.28 of the Lakeport Municipal Code, adopted as Ordinance Number 832 of the City of Lakeport empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Lakeport is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven (7) days; and

WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within this City as a result of a fire commencing on or about 1:01 p.m. on the 27th day of JuneJuly, 2018, called the River Fire and later re-named the Mendocino Complex along with the Ranch Fire, which commenced on or about 12:05 p.m. on the 27th day of July, 2018, at which time the City Council of the City of Lakeport was not in session; and

WHEREAS, the City Manager, acting as the Director of Emergency Services of the City of Lakeport, did proclaim the existence of a local emergency within the City on the 28th day of July, 2018; and

WHEREAS, the Governor of the State of California proclaimed a state of emergency in the Lake County as a result of the Mendocino Complex on the 28th day of July, 2018; and

WHEREAS, the City Council does hereby find that aforesaid conditions of extreme peril did warrant and necessitate the proclamation of existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that the City Council hereby proclaims a local emergency due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City of Lakeport; and

IT IS FURTHER RESOLVED AND ORDERED that the Director of Emergency Services’ Proclamation of Existence of a Local Emergency is hereby ratified and confirmed; and

IT IS FURTHER RESOLVED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Lakeport; and

IT IS FURTHER RESOLVED AND ORDERED that during the existence of this local emergency the powers, functions and duties of the Disaster Council of the City of Lakeport and its Director of Emergency Services shall be those prescribed by state law, and by the ordinances and resolutions of this City; and

1

ATTACHMENT 1

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
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:
Approval of an agreement for Professional Services with
Avenue Insights & Analytics
MEETING DATE:
02/19/2019
SUBMITTED BY:
Nicholas Walker, Finance Director
PURPOSE OF REPORT:
Information only
Discussion
Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve the professional services agreement with Avenue Insights & Analytics, for sales, use and transaction tax audit and reporting.

BACKGROUND/DISCUSSION:

Avenue Insights &Analytics, formally MuniServices, has been providing sales, use and transaction tax audit and reporting to the City for over 5 years. The are leaders in the industry of sales tax consulting. The annual cost of these services does not require the City to formally solicit bids for the before mentioned services. Staff has a great working relationship with Avenue and looks forward continuing this work.

OPTIONS:

Approve agreement for services with Avenue Insights & Analytics. Disapprove the agreement and provide staff with direction.

FISCAL IMPACT: None $
FISCAL IMPACT:
None
$

Budgeted Item?

staff with direction. FISCAL IMPACT: None $ Budgeted Item? Yes No Budget Adjustment Needed? Affected fund(s):

Yes

with direction. FISCAL IMPACT: None $ Budgeted Item? Yes No Budget Adjustment Needed? Affected fund(s): Comments

No

Budget Adjustment Needed?

Affected fund(s):

Comments:

Yes
Yes

No

If yes, amount of appropriation increase: $

: Yes No If yes, amount of appropriation increase: $ Sewer OM Fund Other: General Fund

Sewer OM Fund

No If yes, amount of appropriation increase: $ Sewer OM Fund Other: General Fund Water OM

Other:

amount of appropriation increase: $ Sewer OM Fund Other: General Fund Water OM Fund SUGGESTED MOTIONS:

General Fund

Water OM Fund

SUGGESTED MOTIONS:

Move to approve an agreement for sales, use and transaction tax audit and reporting services with Avenue Insights & Analytics

and reporting services with Avenue Insights & Analytics Attachments: Professional Services Agreement with Avenue

Attachments:

Professional Services Agreement with Avenue Insights & Analytics

ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of Lakeport / Avenue Insights & Analytics)

1. IDENTIFICATION

This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Lakeport, a California municipal corporation (“City”), and Avenu Insights & Analytics (also known as MuniServices, LLC), a Delaware limited liability company (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: sales, use and transaction tax audit and reporting.

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 Consultant’s June 25, 2018 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 Consultant’s June 25, 2018 fee schedule to City attached hereto as “Exhibit B” 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.

3.3 “Commencement Date” means July 1, 2018.“Termination Date” means June 30, 2021.

3.4 “City Agreement Administrator” means Margaret Silveira.

3.5 “Consultant Project Administrator” means Doug Jensen.

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4. TERM

ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.1 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. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of fifteen thousand dollars ($15,000.00) unless specifically approved in advance and in writing by City. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.

5.2

Consultant shall perform all work to the highest standards of Consultant’s 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.).

5.3

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

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ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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 Consultant’s 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. Thomas Adams shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s 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 Consultant’s 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 Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s 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.

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6. COMPENSATION

ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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 no less than a quarterly basis , for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. 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.

7. OWNERSHIP OF WRITTEN PRODUCTS

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

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 Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

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ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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 Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, 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 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, and employees 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 Consultant’s 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, and employees 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 Consultant’s 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 City’s choice, expert fees and all other expenses of litigation.

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ATTACHMENT 1

Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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 Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s 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.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, and employees from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

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.

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Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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

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 Consultant’s 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 Worker’s 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).

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Professional Services Agreement (City of Lakeport / Avenu Insights & Analytics)

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 Best’s 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 Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, and agents as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s 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, and agents 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 Consultant’s insurance and shall not contribute with it.

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s 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.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

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.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

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. MUTUAL COOPERATION

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

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s 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.

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

13. CONFIDENTIALITY

All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS

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.

15. PERMITS AND APPROVALS

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

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 Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

If to City:

Margaret Silveira

City Manager

225 Park St

Lakeport, CA 95453 Telephone: (707) 263-5615 Facsimile: (707) 263-5397

With courtesy copy to:

David J. Ruderman, City Attorney Colantuono, Highsmith & Whatley, PC

420 Sierra College Drive, Suite 140

Grass Valley, California 95945-5091 Telephone: (530) 432-7357

Facsimile: (530) 432-7356

17. SURVIVING COVENANTS

If to Consultant:

Doug Jensen Senior Vice President 7625 N. Palm Ave. Ste. 108 Fresno, CA 93711 Telephone (559) 288-8943 Facsimile: (559) 312-2920

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 thirty (30) 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.

18.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

5.2 above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior 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 City’s 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,

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

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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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

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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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

[Signatures on following page.]

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Professional Services Agreement (City of Lakeport / Total Compensation Systems, Inc.)

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” Total Compensation Systems, Inc.

By

By:

 

Margaret Silveira, City Manager

Doug Jensen, Consultant

Date:

Date:

By:

 

Attest:

By

Kelly Buendia, City Clerk

Date:

Approved as to form:

By

David J. Ruderman, City Attorney

Date:

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ATTACHMENT 1

A-1

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“EXHIBIT A” SCOPE OF WORK

ATTACHMENT 1

EXHIBIT A - SCOPE OF WORK SALES, TRANSACTIONS AND USE TAX AUDIT SERVICES (SUTA) SERVICES

In performing the sales, transactions and use tax audit program CONSULTANT shall:

1. Identify and correct the sales/transactions/use tax reporting errors of businesses that, based on the nexus of their activities, are not properly registered with the CITY.

2. Identify and correct the reporting of businesses that are improperly reporting tax to state and county pools (i.e. classifying sales tax as use tax) and thereby depriving the CITY of sales tax revenue.

3. Detect, document and correct sales/transactions/use tax reporting errors/omissions and thereby generate new, previously unrealized revenue for the CITY.

4. Ensure through comprehensive audit measures that the revenue information used for ongoing economic analysis includes all sales/transactions/use tax generators.

5. Assist the CITY with strategies to preserve and even enhance sales and use tax revenue generated by existing businesses within the CITY.

CONSULTANT’s proposed sales/transactions/use tax allocation audit services for the CITY include:

1. Taxable Nexus Field Audit. We target city-based businesses that do not pay sales and use tax. We do this via a physical canvassing of the city’s borders in addition to the commercial and industrial areas. We evaluate taxes paid by businesses for their products, will-call operations and other references to sales-related activities. Without this labor-intensive undertaking, misallocations may remain undetected even when electronic data mining is applied.

2. Tax Area Code/Permit Audits. We identify and correct improperly registered permits of companies with point-of- sale or use operations. We also look for businesses with an incorrect tax area code due to jurisdictional/boundary confusion. Wholesalers, contractors, manufacturers and other non-retail businesses frequently do not hold a permit registered to the city because their operations do not include a point-of-sale qualifying activity. However, these companies often generate tax from the CDTFA audit deficiency assessments, new or changed operations, or the self-accrual of use tax on purchases through direct payment permits.

3. Deficiency Assessment Audit. With a CDTFA audit, taxpayers often receive a substantial deficiency assessment due to underpayments and/or under collections. Our proprietary criteria and techniques detect and correct what are often misallocations to the state or county pool.

4. Quarterly Distribution Report (QDR) Audit. We conduct QDR audits when we see a substantial change in historical allocation because of declining or missing payments, negative fund transfers, and audit adjustments in the sales and use tax allocation. To make sure the city gets the highest possible amount of misallocated revenue, we include the current economic period based on the calendar quarter and the three prior tax return periods. Avenu reviews 100% of taxpayers reporting local tax to the city each quarter in addition to a comprehensive review of the countywide pool.

5. Accounts Payable Audit Reviews. Our accounts payable audits review purchases to identify opportunities for the city to capture the 1% local use tax. They also provide the foundation for documentation necessary for cities to get a direct payment permit (use tax) and recover funds. Cities also receive our technical assistance in preparing and filing the required tax returns, which is essential because the CDTFA has specific procedures and timing for filing claims.

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6. Forecasts. Avenu provides a five-year sales tax forecast with quarterly updates. This report, which combine city- specific business activity and local economic indicators, typically shows a one- to two-percent variance of actual revenues received. It includes growth adjustments by segment, data for the county pool, and a recession scenario.

Confidentiality Provisions CONSULTANT qualifies under Section 7056 of the Revenue and Taxation Code to review (Bradley-Burns) confidential taxpayer information and documentation before the CDTFA. CONSULTANT is hereby authorized by this Agreement to examine transaction tax, sales tax, and use tax records of the CDTFA pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the CITY pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law and California Revenue & Taxation Code applicable to transactions and use taxes. If the CITY adopts a new transaction tax or taxes after the effective date of this Agreement the parties intend for the work under this agreement to include that tax or taxes.

CONSULTANT is required to disclose information contained in, or derived from, those sales, transaction, and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.

CONSULTANT is prohibited from performing consulting services for a retailer during the term of this Agreement.

CONSULTANT is prohibited from retaining the information contained in, or derived from, those sales, transaction, and use tax records, after this Agreement has expired.

This Agreement, and CONSULTANTs and CITY’s obligations with respect to confidentiality of taxpayer data pursuant to the Bradley Burns Revenue and Taxation Code, shall continue until final payment for all services rendered hereunder.

Deliverables

SUTA Detection and Documentation CONSULTANT shall represent the CITY for purposes of examining CDTFA records pertaining to sales and use tax to identify errors and omissions. CONSULTANT’s procedures for detecting and documenting misallocations are as follows:

1. Review applicable provisions of the CITY’s municipal code and ordinance adopted by the CITY to determine applicability.

2. Procure a computer tape of sales/transactions/use tax permit records from the CDTFA.

3. Analyze sales tax distribution reports provided by the CDTFA for five or more of the most recent consecutive quarters.

4. Clean-up, standardize and computerize data from CITY’s quarterly sales tax distribution reports provided by CDTFA for previous quarters, current quarter and each future quarter service is provided.

5. Prepare an aggregated list of business entities on electronic media; this list is derived from multiple private and

public sources (hard copy and electronic), including specialized business listings and directories, the CITY’s sales and use tax payment files, and an electronic copy of the CITY’s Business License Tax registry, updated no less than twice per year.

6. Clean, standardize and integrate, in address-order, each entity’s business name, address and payment file information, to eliminate redundancies, using CONSULTANT’s proprietary software.

7. Physically canvas commercial/industrial area within the CITY’s borders.

8. Develop a target list of potential point of sale/use reporting errors/omissions based on:

a. An electronic comparison of CONSULTANT’s comprehensive inventory against the CDTFA’s quarterly distributions for the CITY, and

b. An analysis of each potentially misallocated account based on proprietary guidelines established by

CONSULTANT.

9. Meet with designated CITY official(s) to review service objectives and scope, CONSULTANT workplan schedule, public relations and logistical matters.

ATTACHMENT 1

10. Contact personnel in sales, operations and/or tax accounting at each target business to determine whether a point-of-sale/use reporting error exists. (Note: this is accomplished with the highest regard to discretion and professional conduct. CONSULTANT’s allocation audits are predicated on a non-controversial, constructive public relations approach which emphasizes the importance of each business to the CITY and the mutual benefits of correcting reporting errors.)

11. Provide to the CITY and CDTFA reports addressing each taxpayer reporting error individually, including the business name, address, telephone number, California sales tax permit number, individuals contacted, date(s) of contact, nature of business, reason(s) for error, recommended corrective procedure and, if available, estimated

sales/transactions/use tax revenue which should be forthcoming to the CITY.

12. CONSULTANT may also provide suggested language for letters to be sent to the taxpayers and/or CDTFA from the CITY (or from CONSULTANT on behalf of the CITY) urging cooperation in promptly correcting the distribution error.

13. Respond to negative findings by CDTFA with timely reconfirmation documentation in order to preserve the CITY’s original dates of knowledge.

14. Receive and process registration control record information monthly.

15. Receive and process sales tax distribution reports quarterly.

16. Coordinate with the taxpayer and CDTFA to make the necessary corrections and collect eligible back quarter’s amounts.

17. Monitor and analyze the quarterly distribution reports with an audit focus on the following:

a. Accounts with previously reported point-of-sale/use distribution errors to ensure that the corrections are made for current quarters and all eligible back quarters.

b. Major accounts comprising 90% or more of the CITY’s total sales tax revenue to identify any irregularities or unusual deviations from the normal pattern (e.g. negative fund transfers, significant decreases, unusual increases, etc.) and ensure that the CITY is not receiving less revenue than it is entitled to.

c. Those accounts receiving deficiency assessments to ensure that the CITY receives its local allocation

18. Identify opportunities for the CITY to recover local allocation on purchase transactions subject to use tax. Prepare the necessary documentation to facilitate recovery, including assistance in preparing and filing the returns.

SUTA Detection Timing Considerations For each misallocated account detected, CONSULTANT will coordinate with the business and CDTFA to make the necessary corrections plus retroactive adjustments for eligible amounts of sales/transactions/use tax improperly distributed in prior quarters. CONSULTANT coordinates and communicates between typically four parties; sales/operations personnel at the taxpayer’s local operation, tax personnel at the company’s corporate headquarters, and CDTFA personnel and the in- state/out-of-state district offices. Correction of the account is considered to have been made once the payments on identified taxpayer accounts are being properly allocated by the taxpayer to the CITY in the period in which the payment was made.

As needed, CONSULTANT will represent the CITY before state officials, boards, commissions and committees for the purpose of correcting sales tax distribution errors that have deprived the CITY of revenue to which it is entitled.

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SALES/USE TAX ANALYTICS & REPORTING - ‘CLEARVIEW’

CONSULTANT’s state of the art technology products, new Sales, Transactions and Use Tax Reporting online software titled ‘CLEARVIEW’ (formerly known as STARS) is a powerful data analytics platform that allows CITY staff to research local business activity and export data for further analysis. CLEARVIEW software includes the following key features:

Consolidated Economic Reports

See key trends at the category, segment, and retailer levels.

Access a quick view of how your key retailers are performing.

View customized cash forecast by fiscal year.

Search for any retailer in your jurisdiction and view their recent payment history.

Review and Export the rankings of the sales tax producers in your jurisdiction for recent periods.

Locate potential one-time payments.

Export the Excel data behind the reports for further analysis or export the visualization to pdf for inclusion in your internal reports.

Access to our analysts to support your use of our tools.

Geo Area Reports (Cash and Economic)

Review trends and where the growth or declines within the geo-area are concentrated and uncover the key drivers of those changes.

Export a 10-year history of each geo-area directly to excel for use in your internal reports.

Cash Trends and Distribution Summaries

Review the fiscal year-to-date totals for your cash.

See which parts of your economy changed and the key retailers driving those cash changes.

Compare your cash performance to other jurisdictions as a quick way of benchmarking performance.

Review your cash distributions from the State (including pool amounts, where applicable).

GIS Maps

Visualize your geo-areas and summarize by category and segment.

Dynamically view the revenue changes in your geo-areas over time.

Compare the performance of one geo-area to another.

CITY Assistance

1. Confidentiality. The information provided to the CITY in the CLEARVIEW Reports is confidential. It is not open to public inspection. A CITY may use the information only for lawfully permitted purposes. CITY shall not distribute the CLEARVIEW Reports to any person unless that person is legally entitled to access the information in the CLEARVIEW Reports, or except as may otherwise be required by law or court order.

CONSULTANT is authorized by this Agreement to examine transaction tax, sales tax, and use tax records of the California Department of Tax and Fee Administration (formerly State Board of Equalization) (CDTFA) including, but not limited to any transaction and use tax that becomes effective after the date of this Agreement to be collected for CITY. CONSULTANT is required to disclose information contained in, or derived from, those transaction, sales, and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information. CONSULTANT is prohibited from performing consulting services for a retailer during the term of this Agreement. CONSULTANT is prohibited from retaining the information contained in, or derived from, those transaction, sales, and use tax records, after this Agreement has expired.

ATTACHMENT 1

2. Data. In order for CONSULTANT to provide the CLEARVIEW Reports, the CITY will need to deliver to CONSULTANT the signed documents/authorizations required to access the proper data from the applicable governmental authorities as may be required by law.

3. Additional Terms.

a. License. CONSULTANT grants to CITY a license for each of CITY’s designated users to access the CLEARVIEW reports service for so long as this Agreement is in effect. Each of CITY’s designated users must be submitted in writing to CONSULTANT. CONSULTANT will provide the user with the necessary log-in information. Any passwords issued for this service may only be used by the person to whom the password is issued; sharing of passwords is STRICTLY PROHIBITED. CITY has the obligation to protect those passwords.

b. Limitations of Liability. CONSULTANT is not responsible for any breach of data resulting from CITY’s failure to protect passwords or systems used to access the Service. CONSULTANT does not warrant that the service is error free. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, or the exclusion of limitation of incidental damages, so the above limitations or exclusions may not apply to CITY. In no event shall CONSULTANT or its licensors, suppliers, or licensees be liable to CITY for any consequential, special, incidental, or indirect damages of any kind arising out of the performance or use of the service, even if CONSULTANT has been advised of the possibility of such damages.

c. Non-disclosure. CITY’s use of the CLEARVIEW services is conditioned on CITY’s agreement not to make the service or any of output of the system available to CONSULTANT’s anyone other than authorized CITY staff. Nothing in this provision prohibits the CITY from exporting data and formatting it for its own use or from making documents marked as ‘public’ known to the public.

ATTACHMENT 1

“EXHIBIT B” APPROVED FEE SCHEDULE

B-1

166291.2

ATTACHMENT 1

EXHIBIT B - COMPENSATION SALES, TRANSACTIONS AND USE TAX AUDIT SERVICES (SUTA) SERVICES

What the CITY will pay CONSULTANT CONSULTANT’s compensation for the Sales, Transactions and Use Tax Audit Service is a 15% contingency fee. This fee applies to revenue received for six quarters beginning with the quarter in which the Date of Correction falls and all eligible prior quarters back to and including the three quarters prior to the Date of Knowledge quarter for Bradley-Burns sales tax revenues and all eligible prior quarters back to and including all corrected quarters prior to the Date of Knowledge quarter for district tax revenues. As used herein, the Date of Knowledge is the quarter during which CONSULTANT notifies the CDTFA of the existence of a misallocation. As used herein, the Date of Correction refers to the quarter in which the taxpayer has correctly reported the local tax and the CDTFA distributes the local tax properly to CITY based on the taxpayer’s reporting. For QDR Misallocations detected and corrected, CONSULTANT’s compensation shall only include the quarters for which the misallocation actually occurred.

Invoicing/Billing CONSULTANT will invoice CITY quarterly based on past and/or prospective compliance secured on behalf of CITY. Invoices are due and payable upon receipt.

Additional Consulting CITY may request that CONSULTANT provide additional consulting services at any time during the term of the Agreement. If CONSULTANT and CITY agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, CONSULTANT’ standard hourly rates range from $75 per hour to $200 per hour.

These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. All reimbursable expenses shall receive prior approval from the CITY and shall be reimbursed at cost to CONSULTANT.

Completion of Services Notwithstanding any other provision of this Agreement, because CONSULTANT’s services performed hereunder result in corrections of misallocations and other revenue after cessation of services by CONSULTANT for CITY, CITY agrees that with regards to misallocations identified to the CDTFA whose Date of Knowledge occurred during CONSULTANT’s performance of services for CITY or for other revenue resulting from CONSULTANT’s actions taken during the term of this Agreement, that CITY’s obligation to pay CONSULTANT in accordance with the compensation language of this Agreement shall survive expiration or termination of this Agreement for any reason. Additionally, notwithstanding any other provision of this Agreement, if this Agreement is terminated or expires, CONSULTANT shall continue to pursue corrections of accounts identified during the term of this Agreement that have not been corrected by the CDTFA as of the effective date of termination or expiration. The period after termination during which CONSULTANT is pursuing correction of accounts identified before termination is referred to as the “completion period.” CITY shall compensate CONSULTANT in accordance with the compensation language of this Agreement for corrected misallocations that result from CONSULTANT’s efforts during the completion period. CITY will also take all necessary steps to allow CONSULTANT to continue to receive the required information from the CDTFA during this completion period.

ATTACHMENT 1

SALES/USE TAX ANALYTICS & REPORTING - ‘CLEARVIEW’

1. Base Package Annual fee. CITY shall pay CONSULTANT an annual fee of $2,000 (“annual fee”) payable in four equal quarterly payments of $500. CONSULTANT will invoice the CITY on a quarterly. Invoices are due and payable within thirty (30) days of receipt. If this Agreement is terminated for any reason, the CITY remains obligated to pay CONSULTANT the quarterly payments of the annual fee for the quarters before the effective date of termination.

2. Adjustments. CONSULTANT will adjust the Base Package Annual Fee and any of the optional fees at the beginning of each calendar year by the percentage change in the Consumer Price Index that pertains to CITY’s particular geographic area as reported by the Bureau of Labor Statistics. Annual Fee adjustment shall not be less than two percent (2%) or greater than ten percent (10%).

3. Additional Consulting. CITY may request that CONSULTANT provide additional consulting services at any time during the term of the Agreement. If CONSULTANT and CITY agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, CONSULTANT’ standard hourly rates range from $75 per hour to $200 per hour.

The following are sample hourly rates based on the job classification:

Principal: $200 per hour

Client Services: $175 per hour

Information Technology (IT) support: $150 per hour

Operational Support:

o

Director or Manager: $175 per hour

o

Senior Analyst: $125 per hour

o

Analyst: $100 per hour

o

Administrative: $75 per hour

These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
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 Agreement for City Engineering Services

 

MEETING DATE:

02/19/2019

SUBMITTED BY:

Douglas Grider, Public Works Director

 

PURPOSE OF REPORT:

PURPOSE OF REPORT :

Information only

PURPOSE OF REPORT : Information only Discussion Action Item

Discussion

PURPOSE OF REPORT : Information only Discussion Action Item

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve a Professional Service Agreement for City engineering services with Curren Consulting.

BACKGROUND/DISCUSSION:

The City of Lakeport utilizes a professional civil engineer for a variety of professional engineering, construction management, inspection services and other engineering activities. For the last several years the City has contracted with Paul Curren (dba Curren Consulting) to provide these vital services. The most recent Professional Services Agreement with Mr. Curren expired in January of this year.

Staff is recommending entering a new agreement with Mr. Curren through January 2021.

As noted, the consultant will act as the City Engineer and provide general consulting and technical evaluation of projects related to water, wastewater, storm drainage, street construction, planning and other development projects.

As with the previous agreement with Mr. Curren, the total amount payable to the consultant shall not exceed $150,000 aggregate with a performance period of two years.

OPTIONS:

Authorize the City Manager, or her designee to execute a Professional Service Agreement with Curren Consulting for professional engineering services outlined in the Scope of Work (attached).

Staff requests direction if the City Council chooses to not authorize the execution of a Professional Service Agreement with Curren Consulting.

FISCAL IMPACT: None $150,000 Budget Adjustment Needed?
FISCAL IMPACT:
None
$150,000
Budget Adjustment Needed?
Budgeted Item? Yes No
Budgeted Item?
Yes
No
$150,000 Budget Adjustment Needed? Budgeted Item? Yes No Yes No If yes, amount of appropriation increase:

Yes

Budget Adjustment Needed? Budgeted Item? Yes No Yes No If yes, amount of appropriation increase: N/A

No

If yes, amount of appropriation increase: N/A

Affected fund(s):

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

General Fund

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Water OM Fund

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Sewer OM Fund

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Other:

Comments:

SUGGESTED MOTION:

Move to approve and authorize the City Manager to execute the proposed professional services agreement with Paul Curren dba Curren Consulting.

services agreement with Paul Curren dba Curren Consulting. Attachments: 1. Professional Services Agreement 2.

Attachments:

1.

Professional Services Agreement

2.

Scope of Work & Fee Schedule

ATTACHMENT 1

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PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS

(City of Lakeport / Curren Consulting)

1. IDENTIFICATION

This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Lakeport, a California municipal corporation (“City”), and Curren Consulting, a sole proprietorship (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: City Engineer

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

2.3. Consultant represents that it has no known relationships with third parties, 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.

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

3. DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s November 27, 2017 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

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3.3.

“Agreement Administrator”: The Agreement Administrator for this project is City Manager Margaret Silveira. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.4.

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

3.5.

“Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is One hundred fifty thousand Dollars ($150,000.00).

3.6.

“Commencement Date”: January 17, 2019.

3.7.

“Termination Date”: January 17, 2021.

4.

TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

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

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

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the

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Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

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

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

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

5.7. Appropriate Personnel. This Agreement covers professional services of a specific and unique nature. Consultant has represented to the City that Paul R. Curren will perform the services under this Agreement. Should Paul R. Curren become unavailable, City may terminate this Agreement for cause.

5.8. Substitution of Personnel. Consultant shall be responsible to City for all services to be performed under this Agreement. Consultant does not and, during this Agreement, will not engage any employee, subcontractor or any other person or entity for any part of the performance of this Agreement.

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

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

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this

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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. 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 this Agreement.

6.

[Reserved]

7.

COMPENSATION

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

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

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

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

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

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

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

8. PREVAILING WAGES

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

9. OWNERSHIP OF WRITTEN PRODUCTS

All reports, documents or other written material (“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 its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. However, the Consultant shall not be liable for such reuse outside the services identified in the Scope of Services. City indemnifies and holds Consultant harmless for any and all liability for such reuse outside the Scope of Services or any amendments thereto under section 5.1. City shall be interpreted to include its employees, agents and contractors.

10. RELATIONSHIP OF PARTIES

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

10.2. No Agent Authority. 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 except as authorized by the City Manager or as necessary to perform the functions of City Engineer. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any

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

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the 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.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall mean Paul R. Curren.

11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees)

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where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel mutually agreed upon by the parties, expert fees and all other costs and fees of litigation.

11.5 Reserved.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Reserved.

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

11.9 Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree to abide thereby.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

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12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:

Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: City Engineering Services

Documentation of Best’s rating acceptable to the City.

Original endorsements effecting coverage for all policies required by this Agreement.

Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:

Professional Liability Insurance:

General Liability:

$2,000,000 per occurrence, $4,000,000 aggregate

General Aggregate:

$4,000,000

Each Occurrence

$2,000,000

Fire Damage (any one fire)

$

100,000

Medical Expense (any 1 person)

$

10,000

Automobile Liability

Any vehicle, combined single limit

$1,000,000

Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply

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with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non- owned, and hired automobiles and, trucks.

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

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

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

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

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12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Lakeport, Attn: City Clerk, 225 Park Street, Lakeport, California 95453.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any 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 Consultant’s insurance and shall not contribute with it.

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

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

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

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

13. MUTUAL COOPERATION

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

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

14. NOTICES

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

If to City

Margaret Silveira City of Lakeport City Manager

225 Park Street

Lakeport, CA 95453 Telephone: (707) 263-5615 Facsimile: (707) 263-8584

With courtesy copy to:

David J. Ruderman, Esq.

Lakeport City Attorney Colantuono, Highsmith & Whatley, PC

420 Sierra College Drive, Suite 140

Grass Valley, CA 95945 Telephone: (530) 432-7357

Facsimile: (530) 432-7356

15. SURVIVING COVENANTS

If to Consultant

Paul R. Curren Curren Consulting 214 Bodega Avenue Petaluma, CA 94952 Telephone: 707-695-5538

The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

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16. TERMINATION

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

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

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

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

17. INTERPRETATION OF AGREEMENT

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

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 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 by City and Consultant.

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

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

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

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

18. GENERAL PROVISIONS

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

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Neither party shall delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior 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.

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

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

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

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

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

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

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

18.11. Attorneys’ Fees. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.

18.12. Venue. 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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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

“City” City of Lakeport

“Consultant” Curren Consulting

By:

By:

Signature

Signature

Printed: Margaret Silveira

Printed: Paul R. Curren

Title: City Manager

Title: Owner

Date:

Date:

Attest:

By:

Kelly Buendia, City Clerk

Date:

Approved as to form:

By:

David J. Ruderman, City Attorney

Date:

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ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
 

STAFF REPORT

 

RE:

Public Hearing: Amendment to Municipal Code Chapter 9.08

 

MEETING DATE:

02/19/2019

SUBMITTED BY:

Doug Grider, Public Works Director

 

PURPOSE OF REPORT:

PURPOSE OF REPORT :

Information only

PURPOSE OF REPORT : Information only Discussion Action Item

Discussion

PURPOSE OF REPORT : Information only Discussion Action Item

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is asked to hold a public hearing to adopt an ordinance amending Municipal Code Chapter 9.08.

BACKGROUND/DISCUSSION:

In 1993, the City Council adopted Ordinance 752 (1993) which added section 9.08.061 to Title 9 of the Lakeport Municipal Code (LMP). This ordinance set the hours of use for Library Park. At that time, Westside Community Park was under development by the Westside Community Park Committee.

Last fall, Parks & Recreation Commissioner Moore requested that the Parks and Recreation Commission review and discuss hours of use for Westside Park and the possibility of park closure during nighttime hours. In addition, there have been complaints made to Council from residents of the Parkside Subdivision regarding the late night activities in the Park. Currently the ordinance only prohibits camping in the park but does not address other activities.

In researching this request, staff discovered that although the Lakeport Municipal Code addresses the hours of use of Library Park, the Code is silent regarding Westside Community Park hours of use:

“9.08.061 Hours of use--Library Park.

It is unlawful for any person to enter, traverse or be present in Library Park during the hours of midnight to five a.m., with the exception of special events approved in advance by the city council.”

The Parks and Recreation Commission voted to recommend that the City Council amend the Municipal Code to reflect the same hours of use for all parklands. This proposed ordinance was introduced at the February 5, 2019 City Council Meeting.

It is important to note that the facilities in Phase II of Westside Park are leased by the Westside Park Committee who coordinates all activities in that area of the Park. The Committee chair has been consulted about the change and concurs with this action. Adoption of this ordinance is consistent with the camping prohibition at Westside Community Park and is not in violation of the ground lease with the Westside Park Committee.

OPTIONS:

The Council could reject or amend the proposed ordinance amendment.

Meeting Date: 02/19/2019

206857.1

Page 1

Agenda Item #VI.A.

FISCAL IMPACT: None $
FISCAL IMPACT:
None
$

Budgeted Item?

FISCAL IMPACT: None $ Budgeted Item? Yes No Budget Adjustment Needed? Affected fund(s): Comments : Yes

Yes

FISCAL IMPACT: None $ Budgeted Item? Yes No Budget Adjustment Needed? Affected fund(s): Comments : Yes

No

Budget Adjustment Needed?

Affected fund(s):

Comments:

Yes
Yes

No

If yes, amount of appropriation increase: $

: Yes No If yes, amount of appropriation increase: $ Sewer OM Fund Other: General Fund

Sewer OM Fund

No If yes, amount of appropriation increase: $ Sewer OM Fund Other: General Fund Water OM

Other:

amount of appropriation increase: $ Sewer OM Fund Other: General Fund Water OM Fund SUGGESTED MOTIONS:

General Fund

Water OM Fund

SUGGESTED MOTIONS:

Move to adopt an Ordinance of the City Council of the City of Lakeport Amending Chapter 9.80 of Title 9 of the Lakeport Municipal Code regarding the Hours of Use of City Parklands.

Municipal Code regarding the Hours of Use of City Parklands. Attachments: 1. Proposed Ordinance Strikethrough

Attachments:

1.

Proposed Ordinance Strikethrough

2.

Proposed Ordinance

Meeting Date: 02/19/2019

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Page 2

Agenda Item #VI.A.

ATTACHMENT 1

Ordinance No.

(2019)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING CHAPTER SECTION 9.08.061 OF CHAPTER 9.08 OF TITLE 9

OF THE LAKEPORT MUNICIPAL CODE REGARDING THE HOURS OF USE OF CITY PARKLANDS

THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS:

SECTION 1.

Chapter Section 9.08.061 “Hours of use--Library Park.” of Title 9 of the Lakeport Municipal Code

is hereby amended as follows:

Amendment to Chapter Section 9.08.061

Chapter 9.08

OFFENSES AGAINST PROPERTY

Sections:

9.08.061

Hours of use--Library Park.

Parklands

9.08.061 Hours of use--Library ParkParklands. It is unlawful for any person to enter, traverse or be present in Library ParkCity parklands during the hours of midnight to five a.m., with the exception of special events approved in advance by the city council.

For purposes of this section, “Library Park” is defined as those city park lands bordered by First Street to the south, Park Street to the west, Third Street to the north and Clearlake to the east. (Ord. 752, 1993)

SECTION 2.

person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Severability.

Should any provision of this Ordinance, or its application to any

SECTION 3. CEQA.

Quality Act (CEQA). “Project” does not include “general policy and procedure making” or “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” pursuant to CEQA Guidelines § 15378(b). In

This ordinance is not a “project” subject to the California Environmental

206869.1

ATTACHMENT 1

addition, this ordinance is exempt from CEQA because it does not apply to the modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that are not designed to increase services or expand a system pursuant to CEQA Guidelines § 15273.

SECTION 4.

as provided by Government Code section 36937.

Effective Date.

This Ordinance shall take effect thirty (30) days after adoption

SECTION 5.

Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

Certification.

The City Clerk shall certify to the passage and adoption of this

INTRODUCED and first read at a regular meeting of the City Council on the 5 th day of February,

2019 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

FINAL PASSAGE AND ADOPTION by the City Council occurred at a meeting thereof held on the

19th day of February, 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Attest:

Kelly Buendia, City Clerk

206869.1

Tim Barnes, Mayor

ATTACHMENT 2

Ordinance No.

(2019)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION 9.08.061 OF CHAPTER 9.08 OF TITLE 9 OF THE LAKEPORT MUNICIPAL CODE REGARDING THE HOURS OF USE OF CITY PARKLANDS

THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS:

SECTION 1.

Section 9.08.061 “Hours of use--Library Park.” of Title 9 of the Lakeport Municipal Code is hereby amended as follows:

Amendment to Section 9.08.061

Chapter 9.08

OFFENSES AGAINST PROPERTY

Sections:

9.08.061

Hours of use--

Parklands

9.08.061 Hours of use--Parklands. It is unlawful for any person to enter, traverse or be present in parklands during the hours of midnight to five a.m., with the exception of special events approved in advance by the city council.

SECTION 2.

person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Severability.

Should any provision of this Ordinance, or its application to any

SECTION 3. CEQA.

Quality Act (CEQA). “Project” does not include “general policy and procedure making” or “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” pursuant to CEQA Guidelines § 15378(b). In addition, this ordinance is exempt from CEQA because it does not apply to the modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies

This ordinance is not a “project” subject to the California Environmental

206869.1

ATTACHMENT 2

that are not designed to increase services or expand a system pursuant to CEQA Guidelines § 15273.

SECTION 4.

as provided by Government Code section 36937.

Effective Date.

This Ordinance shall take effect thirty (30) days after adoption

SECTION 5.

Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

Certification.

The City Clerk shall certify to the passage and adoption of this

INTRODUCED and first read at a regular meeting of the City Council on the 5 th day of February,

2019 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

FINAL PASSAGE AND ADOPTION by the City Council occurred at a meeting thereof held on the

19th day of February, 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Attest:

Kelly Buendia, City Clerk

206869.1

Tim Barnes, Mayor

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency

CITY OF LAKEPORT

City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency Lakeport Industrial Development Authority Municipal Financing Agency of Lakeport

Development Authority Municipal Financing Agency of Lakeport STAFF REPORT RE: Lake EDC Path to Prosperity Economic

STAFF REPORT

RE:

Lake EDC Path to Prosperity Economic Strategy Presentation & Funding Consideration

MEETING DATE:

02/19/2019

SUBMITTED BY:

Kevin M. Ingram, Community Development Director

PURPOSE OF REPORT:

Ingram, Community Development Director PURPOSE OF REPORT : Information only Discussion Action Item WHAT IS BEING

Information only

Development Director PURPOSE OF REPORT : Information only Discussion Action Item WHAT IS BEING ASKED OF

Discussion

Director PURPOSE OF REPORT : Information only Discussion Action Item WHAT IS BEING ASKED OF THE

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Receive a presentation from the Lake County Economic Development Corporation (Lake EDC) regarding the implementation of the Path to Prosperity Economic Strategy and discuss the need for an allocation of funding from the City of Lakeport within the 2019/2020 fiscal year budget to ensure the success of continued implementation.

BACKGROUND & DISCUSSION:

On December 3, 2018, the City Council participated in a joint meeting/presentation regarding the key elements of the Path to Prosperity Economic Strategy (Lake County Economic Development Strategy) with the Lake County Board of Supervisors and the City Council of Clearlake. The plan was developed by Economic Forensics & Analytics on behalf of the Lake EDC with funding from the Workforce Alliance of the North Bay (WANB), the Cities of Lakeport and Clearlake and the County of Lake. As opposed to other regional economic development plans of the past, Dr. Robert Eyler, the chief author of the plan, created a detailed step-by-step set of actions that should be taken by the private and public sectors through the leadership of the Lake EDC in order to take advantage of the regions existing limited resources and achieve greater economic success.

Key elements of the Path to Prosperity Economic Development Strategy include: 1) focusing on targeted industries whereby the County has the ability to build upon existing economic advantages (Agriculture, Tourism, Research); 2) improve infrastructure focusing on both immediate and long-term economic development needs (Broadband, Airport, Basic Infrastructure Improvements); and, 3) marketing the positive aspects of the region focusing how the area is unique and desirable (quality of Life, Low-cost Alternative, Natural Beauty).

As will be noted in the presentation by Lake EDC, it will be clearly demonstrated that the Lake EDC is already actively implementing many tenants of the outlined economic strategy already. This includes the issuance of loans and technical assistance to many local businesses, the development of an interactive commercial property site finder, the hosting of several housing fairs and issuance of housing loans in conjunction with the USDA. The City of Lakeport has been working very closely with

Lake EDC on these endeavors.

participated in the development of this economic development strategy and sits on many of the

The City Manager is voting Board member and City staff actively

organization’s working groups. The Path to Prosperity Economic Strategy compliments and supports the activities of the City’s Economic Development activities including work by LEDAC and the goals and objectives contained in the City’s Economic Development Strategic Plan.

As outlined in the Path to Prosperity Economic Strategy, in order to ensure the success of the plan, a funding commitment from the County and two Cities is recommended as a key element for the strategy’s implementation. A request of $10,000 is recommended from both Lakeport and Clearlake and $25,000 from the County. The County adopted a resolution supporting the plan and a

commitment to consider funding as part of its 2019/2020 fiscal year budget.

be taking up a similar agenda item before their Council later this month. At this time, City and Lake EDC staff is looking for the City Council’s support of the outlined economic development strategy and a commitment to consider funding the plans implementation within the City’s 2019/2020 fiscal year budget.

The City of Clearlake will

OPTIONS:

1. Following the presentation from Lake EDC, indicate support for the Path to Prosperity Economic Strategy and direct staff to consider the allocation of funding for the plans implementation within the City’s fiscal year 2019/2020 budget.

2. Take no action or take action directing staff not to consider the allocation of funding for the plan’s implementation within the City’s fiscal year 2019/2020 budget.

Alternatively, the City Council could provide other direction.

FISCAL IMPACT: None
FISCAL IMPACT:
None

Budgeted Item?

Yes
Yes

Yes

No

direction. FISCAL IMPACT: None Budgeted Item? Yes Yes No No Budget Adjustment Needed? Affected fund(s): If

No

Budget Adjustment Needed?

Affected fund(s):

If yes, amount of appropriation increase:

Affected fund(s): If yes, amount of appropriation increase: Sewer OM Fund Other: RDA General Fund Water

Sewer OM Fund

If yes, amount of appropriation increase: Sewer OM Fund Other: RDA General Fund Water OM Fund

Other: RDA

amount of appropriation increase: Sewer OM Fund Other: RDA General Fund Water OM Fund SUGGESTED MOTION:

General Fund

Water OM Fund

SUGGESTED MOTION:

Motion to support the continued implementation of the Lake EDC Path to Prosperity Economic Strategy and direct staff to consider the allocation of funding consistent with said plan as part of the development of the City of Lakeport fiscal year 2019/2020 budget.

of the City of Lakeport fiscal year 2019/2020 budget. A t t a c h m

Attachments:

1.

Path to Prosperity Economic Strategy (Lake County Economic Development Strategy)

ATTACHMENT 1

ATTACHMENT 1 For Workforce Alliance of the North Bay, County of Lake, and Lake County EDC

For Workforce Alliance of the North Bay, County of Lake, and Lake County EDC

LAKE COUNTY ECONOMIC DEVELOPMENT STRATEGY

ECONOMIC DEVELOPMENT STRATEGY: THE PATH

Set up • Investments and funding • Infrastructure • Build stories about Lake County •
Set up
Investments and
funding
• Infrastructure
• Build stories
about Lake County
• Establish
partnerships
stories about Lake County • Establish partnerships Messaging • Direct Contacts with targeted inudstry
Messaging • Direct Contacts with targeted inudstry partners • General messaging and stories • Local/regional
Messaging
• Direct Contacts
with targeted
inudstry partners
• General messaging
and stories
• Local/regional
partners identified
and stories • Local/regional partners identified Workforce/ Infrastructure • Prepare students for new,
Workforce/ Infrastructure • Prepare students for new, local industries • Broadband/Wireless investment
Workforce/
Infrastructure
• Prepare students
for new, local
industries
• Broadband/Wireless
investment
maintained
• Lab Space to expand
workforce
development
• Airport
Annual Assessment and repeat process
Annual Assessment and
repeat process

ATTACHMENT 1

The Strategy

One of the key outcomes of this exercise was understanding what Lake County is and is likely not in terms of a place to do business.

Targeted Industries

University and research institution biological and fire/disaster science

o Lake County builds to being globally recognized for specific science

Agricultural supply chain

o Focus on linkages to local and regional agriculture and provide solutions

Advanced entrepreneurs seeking a place to work and live, where their markets are outside Lake County, examples include:

o

Engineering;

o

Aerospace; and

o

Graphic Design/Arts.

Tourism

o

Natural assets in Lake County;

o

Artist communities and events;

o

Consider new properties as corporate partners and provide incentives;

o

Focus on wineries, astronomy, health care, and ecotourism; and

o

Health care connected (outpatient package stays while recovering, e.g.).

Infrastructure Needs: Short and Long Term

Short-Term

o

Broadband or wireless expansion: public and corporate partnerships needed.

o

Identify commercial space and parcels to market for targeted industries

o

Water and sewer projects as planned (see Lake County document)

Long-term

o

Airport: provides more flexibility to tourism and business needs

o

Roadways: Consider specific arteries to expand or to allow for larger vehicles as needed

Characteristics that make Lake County Different: Stories to Tell

Quality of life: community tight, at elevation, small-town feel everywhere, no traffic

Low-cost alternative: housing, commercial RE relatively inexpensive regionally

Natural: Clear Lake, the hills, the proximity to the mountains and oceans, wine country

Reality and the Stories

Plan needs to be seen as long-term, no quick solutions and must be countywide;

Lake County has both real and perception challenges in terms of public relations;

Marketing and outreach must be positive and realistic, building on good stories;

Regional environment competitive: focus on how Lake County is different and why it should be the first choice for visitors and new businesses based on targeted list above.

1

ATTACHMENT 1

The First Two Years: Economic Development Tactics

Below are suggested steps over the first two years. These may change based on shifting priorities and

other concerns. The key is to get different business opportunities to Lake County, students placed in

these businesses, new and current residents with professional businesses that have global audiences,

and more visitors. Each year has set-up, messaging, and workforce and infrastructure development.

Year 1: Tasks to be Completed

Education grants specific to laboratory space and expanding wireless/broadband access;

Consider ways to pursue hospitality programs at community colleges to train workers;

Hire a grant writer/searcher to facilitate Lake County Economic Development Corporations pursuit of resilience funding and economic development funding;

Identify 25 commercial sites that are ready to occupy with targeted industry tenants, starting with the City of Clearlake and its opportunity zone, where Colusa County may be a partner;

Establish local funding sources for Lake County Economic Development Corporation (Lake EDC) for a minimum of three years as Lake EDC pursues external funding; and

Establish marketing messages and compile business stories across targeted industries and Lake Countys communities;

o Focus on two to three social media platforms and control messaging about doing business and living in Lake County as events allow.

Year 2: Tasks to be Completed

Contact and market Lake County to new clientsin consistent and connected ways

o

Stories for potential new residents that come with a business or a gig

This is where lifestyle is sold

o

Stories for potential new businesses why Lake County is different

This is where potential ROI is sold

o

Stories to attract and retain a workforce

From public safety to farm workers, local labor reduces the cost of doing business and creates community, but positive stories need to be told.

Establish metrics for social media and report out progress on positive versus negative messaging and the number of subscribers as part of TID;

Track new visitors and where they originate as data for marketing efforts through TID;

Contacting “research-1” universities with limnology programs;

o

UCSB has one of the top programs;

o

One professor and a research grant or sabbatical in Lake County becomes messaging that science can happen in Lake County;

Preparing for growth

o

Use connections between City of Clearlake and Colusa to use I-5 for logistics;

Commercial sites in Clearlake beyond retail and office identified for this purpose;

o

TID funding focuses on Lakeport, Middletown, Kelseyville and wine-country related Lake County initially, where City of Clearlake focused on opportunity zone possibilities.

Years 3, 4 and 5 enhances are based on assessments of what happened in years 1 and 2 and may be repeated as needed to update strategies or to consider

2

ATTACHMENT 1

Messaging

Infrastructure investment can also be advertising, communicating how they are investing in the community. The location is unique, but needs to be positioned with the region (Napa-Sonoma- Mendocino). Leverage Lake County as “unexpected”, around families for differentiation (where family resonate with quality of life and businesses) against the “adult Disneyland” of northern Sonoma County and Napa County. Establishing social media presence with the approach below is a major step forward, especially for the newly-established TID.

Ecofriendly and nature first: preservation of quality of life;

About family vacations day trips for adults;

Close enough to Bay for joyful weekends away;

See the stars; and

Experience difference outdoor, need more of the air stream, hiking, biking, camping.

Messaging approach

Lake County must focus on three audiences: New businesses with global markets (education, research here), visitors and the local population. Messaging likely different for each:

New Businesses

Value proposition, small manufacturing, suppliers-go for solopreneurs (under 5 employees):

Use Unexpected as a theme to show closeness but value differences;

Close enough to serve the Bay Area in 2 hours;

Costs differential 30-40% less;

Family housing where there is space and outdoors;

Experience more time with family;

Promote key area for location.

Visitors

Focus on unique experiences such as glamping, biking, small retreats (particularly for kids): what is not being offered to families in Napa, Sonoma & Mendocino.

Use the fact they are within a day’s trip (they don’t lose time traveling for a weekend).

Push the unexpected where they highlight what is unique

What if there were great classes/courses week long camps

Local Population

This messaging comes from internal sources and becomes external through stories used as part

of the above.

Local businesses can also tell stories to locals and generate positive mindsets.

Themes/taglines/hashtags: Pithy statements that become positive Lake County descriptions:

Unexpected

Bay Area’s last frontier

Just north

Dare to be different

Star dazed

Resilience personified

Unique by nature

L^ke Just a little north

Where families enjoy life

Open skies

3

ATTACHMENT 1

Strategic Considerations

Rationale for Targeted Industry Choices

Data for Lake County suggest that health care, construction, agriculture, and tourism are the key

industries for economic development.

There are four major reasons why this is true:

Export focus;

Increasing economic mobility for workers;

Utilizing assets Lake County has now as a foundation;

What makes Lake County differentiable regionally?

Asset Development and Financial Tools

Lake County is concerned about resilience, as some county assets have been lost and shifted in quality. Targeted industries that can take Lake County new heights have become more competitive. Five assets need work to help sustain economic development into the next decade.

Broadband and Wireless Access using major access points as a beginning (municipal centers, schools and colleges);

Regional Partnerships (use of opportunity zone that connects Colusa and Lake counties);

Utilizing the Lake as a place for science, residential (coastline) and commercial pursuits;

Laboratory space to help workforce development and assist with new industries;

Housing stock: need to shift the mix to attract new residents at all points around the Lake.

The local workforce is also an asset to be developed, with a recognition that Lake County expanding is likely going to utilize local and regional workers.

Workforce Development

Workforce development in Lake County faces a reality of local students looking at regional and global

opportunities, as well as being trained for local hiring.

and commercial activity, workforce development is recommended to expand its curricula and training in

three, key ways to match to the targeted industries above:

Assuming Lake County attracts more businesses

Consistently speak with industries in targeted areas primarily, and stay close to local employers

Agricultural Supply Chain

o

Manufacturing jobs here if anywhere

o

Manufacturing and processing depends on choice of ag expansion

o

Logistics the next big issue: NE Lake County

Tourism Supply Chain

o

Customer service focus to management: Lake County as a living lab

o

Event coordination: event planning and community development

Science and Professional Business Supply Chain

o

Coding in Python and R, AutoCad and design, Adobe Creative Cloud suite

o

Lab workers: exportable jobs here also

o

Expansion of science curriculum at community college campuses

4

ATTACHMENT 1

Summary Data as of 2018

Since 2010, Lake County has recovered from the Great Recession, but has also suffered from four years of fires and their effects on housing and jobs. Key findings include:

Lake County employment is forecasted to grow by 3,131 people before 2024;

Including self-employed, there are 3,610 more workers forecasted across all occupations in Lake County by 2024;

Lake County is forecasted to have 77,000 people by 2060 as residents;

There are 1,300 more students forecasted in K-12 by 2025 for Lake County;

Additional details include:

Lake County jobs growth is 25.2 percent since 2010 to 17,540 payroll workers in Sept

2018;

o

580 new jobs in construction and manufacturing;

o

440 in agriculture;

o

2,520 in services and government jobs, dominated by social services, education and health care.

Median Household Income and Personal Income has grown since 2010

o

o

o

o

In 2018 Q1, average weekly pay was $748 in Lake County (up from $601 in 2010 Q1), compared to $1,020 in Sonoma County and $1,029 in Napa County, and $704 in Mendocino County.

Median household income was estimated at $40,818 in 2016, up almost $5,000 since 2010 (latest data as of October 2018);

Personal income less government transfers is up over $6,800 per person since

2010.

Napa County is up $18,000 and Sonoma County is up $12,000 per resident

Lake County loses residents to jobs elsewhere than it brings in for jobs, suggesting the local labor force has better opportunities outside the county; but

This is an opportunity, as a skilled workforce is leaving daily but living in Lake County.

The graphics below are workforce metrics to consider monitoring over time. The industry mix is

important as agriculture and goods markets (utilities, construction and manufacturing) may

focus more on markets outside of Lake County, where services mainly provide for local markets.

5

ATTACHMENT 1

Education Level, BA or Higher, Lake and CA 2013 - 2017

35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%

2013 2014

35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 2013 2014 Lake 2015 CA 2016 2017

Lake

2015

35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 2013 2014 Lake 2015 CA 2016 2017

CA

2016

2017

Wages 2013 2017 as percent of CA, Median

61.0%

60.0%

59.0%

58.0%

57.0%

56.0%

55.0%

61.0% 60.0% 59.0% 58.0% 57.0% 56.0% 55.0% 2013 2014 2015 2016 2017

2013 2014

2015

2016

2017

Age of Workers, % over 45 yrs. of age, Lake vs California 2013 2017

CA Lake 52.0% 50.0% 48.0% 46.0% 44.0% 42.0% 40.0% 38.0% 2013 Q1 2013 2014 Q3
CA
Lake
52.0%
50.0%
48.0%
46.0%
44.0%
42.0%
40.0%
38.0%
2013
Q1
2013
2014
Q3
Q1
2014
Q3
2015
Q1
2015
Q3
2016
2016
Q1
Q3
2017
2017
Q1
Q3

Industry Mix 2018, % of jobs

Govt

7.8%

Ag

5.9%

Goods

10.4% Services
10.4%
Services

75.9%

Metrics to Follow

What Lake County has to offer new and existing businesses is limited versus other places in both

A consistent data stream is only as good as

it is used. The following “dashboard” is recommended, as well as comparative data for California and the surrounding counties and what question these data may answer for economic

development:

the North Bay region and rural, northern California.

TOT growth: are tourism strategies becoming overnight stays?

Sales tax growth: is retail spending rising, specifically in visitor-based categories?

Education level of the workforce: are growing industries generating more educated workers?

Growth of workforce in targeted sectors: is the strategy creating more jobs specifically in affected industries?

Proportion of jobs with export focus: are these jobs growing?

Commercial RE vacancy: is space filling and should all spaces continue to be counted?

Comparative Quality of Life metric: air quality, traffic, home prices, crime, government payments, broadband, etc.

o

This metric can tell stories when rising, might be a struggle when falling;

o

Would need to consider what variables make this a comparative index.

6

ATTACHMENT 1

Community Forums and What the People Said

This project held five community gatherings where the following questions were considered in a

World Café format. The key was to provide a voice to concerns and changes coming.

What about Lake County draws businesses to come, stay and grow in Lake County?

What concerns do you have if more tourists come to Lake County?

Development potential

Infrastructure

Cost of Doing Business

o

Where will they stay, shop and eat?

Quality of Life

o

Transportation

Lack of Competition/Ease of Market Entry

Residential Impact: Quality of Life

ROI as a general theme, both monetary and non- pecuniary

o

Traffic, adequate roads, law enforcement, housing

Will they come back?

o

Did they get what they wanted while in Lake County?

o

Were they pampered?

o

Impact on general resources: workforce and natural resources

What is missing in Lake County that can help businesses stay and grow?

Why do people come to live and stay in Lake County?

Communications Technology

Affordability

Infrastructure

Outdoor Recreation/Natural Environment

Quality Workforce

Lifestyle/Sense of Community

Transportation

What types of businesses can thrive in Lake County long- term?

What are your top three concerns about Lake County long-term?

Services (incl construction)

Won’t get a handle on fire season: more fires

Tourism

Won’t band together to change image, utilize all assets

Agriculture/Nat Resources

Technology/Distance Work

Won’t proactively address lack of infrastructure (need a lot and need to start, but where?)

Safety: losing officers every day (crime high)

Three meta-themes stood out from these forums:

Infrastructure to support businesses and residents a major concern;

Concerns over fires and repeating annually becoming real in resident’s minds; and

As the economy changes, residents concerned over quality of life changing negatively.

7

ATTACHMENT 1

Leadership, Budget and Messaging through 2025

If Lake County Economic Development Corporation (Lake EDC) is going to lead this effort, baseline budget needs to focus on general messaging and direct outreach efforts. How Lake EDC delivers on this strategy is a matter of planning and execution, but without budget and a shared vision in Lake County, nothing is going to happen short of indirect outcomes. The figure below shows a possible share of budget sources for Lake EDC, this strategy is a way to consider uses.

Each of the municipal governments needs to play a role in this funding, and each should have a voice, but none should dictate direction of activities. Focusing on generating leads for the targeted industries, messaging for both local residents and for those considering moving to

Lake County as business owners and residents, and helping to drive policy. Grant funding is likely to be pursued as part of the CEDS process and other needs. Grant funding may come from an array of sources, including EDA, FEMA, USDA, and other governmental agencies. There may also be some sharing of resources, in-kind contributions, where local businesses and residents volunteered or provided goods to help Lake EDC’s efforts.

Challenges

Lake EDC Sources, Annual Contributions Corp/In Kind County 20% 20% Clearlake 10% Other Grants Funding
Lake EDC Sources, Annual Contributions
Corp/In Kind
County
20%
20%
Clearlake
10%
Other Grants
Funding
20%
Lakeport
10%
EDA/USDA
20%

Every county in California faces some industry, workforce and public finance challenges. following is what we see as the major challenges facing Lake County:

The

One year without fires;

Marketing messages that can be consistent and speaking as one voice in the community about what Lake County is a great place;