The URL can be used to link to this page

2016/07/12 City Council Agenda PacketMission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227+ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, July 12, 2016 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpciiy.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting Agenda July 12, 2016 for City Council/RPFA/CDCSuccessor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Ahanotu _ Callinan Stafford _ Mackenzie _ Belforte 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Certificate of Recognition Honoring Public Safety Department's Team ROPO for Supporting Special Olympics as Top Fundraisers in the `Bike the Bridges' Event 4. DEPARTMENT HEAD BRIEFING A. Department of Public Safety: 4th of July Briefing B. Department of Development Services: Status Update on Nuisance Abatement at State Farm Drive and Enterprise Drive 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 6. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, June 28, 2016 B. Acceptance of Reports for: 1. Update on Code Enforcement Activity at 1391 Miramonte Place 2. City Bills/Demands for Payment dated July 12, 2016 3. RPFA- Cash Report for Month Ending May 2016 4. Housing Successor Agency- Cash Report for Month Ending May 2016 5. Successor Agency- Cash Report for Month Ending May 2016 6. City- Cash Report for Month Ending May 2016 C. City Council Resolutions for Adoption: 1. 2016-73 Extending By One Year the Term of the Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues 2. 2016-74 Authorizing the City Manager to Execute a First Amendment to the Lease Agreement with Kirk Veale, dba Veale Outdoor Advertising, for City -Owned Digital Billboard Sign Effective July 12, 2016 City of Rohnert Park Joint Regular Meeting Agenda July 12, 2016 for City Council/RPFA/CDC Successor Agency Page 3 of 5 3. 2016-75 Awarding the Construction Contract for Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) to Insituform Technologies, LLC 4. 2016-76 Authorizing the City Manager to Execute a Master Agreement and Task Order 2016-01 for Construction Management Services with GHD Inc. for the Wilfred Avenue Rehabilitation (Project No. 2016-09) 5. 2016-77 Authorizing the City Manager to Execute a Master Service Agreement with West Yost Associates for Planning and Engineering Consulting Services as Needed 6. 2016-78 Authorizing the Finance Director to Increase Appropriations by $100,000 to the Capital Improvement Project 2017-13 Senior Center HVAC Replacement Project Funded by 2007R Tax Allocation Bond Proceeds and Any Other Transactions Necessary to Fund the Project D. Authorize the City Manager to Execute the First Amendment to Construction Management and Inspection Services Agreement with Brelje & Race Consulting Engineers for Public Safety Main HVAC System Replacement Project in the amount of $7,800 E. Authorize the City Manager to Execute an Additional $40,000 of Change Orders for the Rohnert Park Expressway Rehabilitation Project Phase 1 (Project No. 2013-01) To Maximize Grant Eligible Costs Council Motion/Vote 7. 2016 Mid -Year Status Report on Implementation of Rohnert Park Strategic Plan A. Staff Report B. Public Comment C. Council discussion/direction 8. PUBLIC HEARING: (NO EARLIER THAN 6PM) Consideration of the Vacation of Willis Avenue and Related Actions A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption 2016-79 Vacating a 40 -Foot Wide Public Right -of -Way in favor of Assessor's Parcel Numbers 045-082-057, 045-082 065, 045- 075-005, 045-075-006, 045-082-035 and 045-082-058 and Finding the Action Consistent with the Environmental Impact Report for the Wilfred Dowdell Specific Plan Area a. Council motion/discussion/vote City of Rohnert Park Joint Regular Meeting Agenda July 12, 2016 for City Council/RPFAICDCSuccessor Agency Page 4 of 5 9. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Sonoma County Transportation Authority (SCTA) (7/11) C. Other Reports 10. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 11. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 12. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 13. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda July 12, 2016 for City Council/RPFA/CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the July 12, 2016, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on July 7, 2016, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rl)city.org, Executed this 7' day of July, 2016, at Rohnert Park, California. Caitlin Saldanha, Deputy City Clerk CtVtt*tfMte*t*W�',og�tftion PUBLIC SAFETY DEPARTMENT'S TEAM ROPO for Supporting Special Olympics as Top Fundraisers in the `Bile the Bruges' Event As Mayor Pro Tempore, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor Public Safety Department's "Team ROPO" for recently garnering the distinguished honor of top fundraising team in the Special Olympics Bike the Bridges event. This unique event raises needed funding that provides athletic opportunities to children and adults with intellectual disabilities, instilling the confidence they need to succeed in life. Team ROPO at 14 members strong, raised an impressive $6,657 for Special Olympics, which was the highest amount raised out of approximately 30 registered teams. Congratulations to Team ROPO for doing Rohnert Park proud in support of such a worthy cause. By: Signed this 12' day of July, 2016 ,Make 111arke.n3ie, vapor Pro Tempore yf • i s , `� ., "4 �: r , ,;r}Fy� r "�.�]r' a '+• y�: � ti ' -../ a � ',; � I �. \ �{ :: •. - �' �%_ �i x?: �• �,' � i y' ,ry�"�� .y - •S(. - :, 3��r r y�N�-:c,�i - 4w4j � � .J u� �„yT�•1' : .J' � '� � / --- ,cy _. •t1 ;,.Mr .ale ;, er^ �• � irk+ _ _ r •i k 1 _a r , �. � A A A a f t o 1 f ♦ ♦ a � ly � - - f ,,, X11 ;.Ov eam ROPO Bridges Top Fundrais II'f e 1 Special'Event LI IT LUUIVLIIL bFtAKth l.AKV Date: 7, �� -14 LJ Agenda Item M Mame:Lr it I Address. ---------------- '� Topic; 1 Ga 1'R Brief Summary Of Comments: r L See Reverse f y . 4 �014NeRT AA�k MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, June 28, 2016 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California Item No. 6A1 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Pro Tempore Mackenzie called the joint regular meeting to order at 5:01 pm, the notice for which being legally noticed on June 23, 2016. Present: Jake Mackenzie, Mayor Pro Tempore Amy O. Ahanotu, Councilmember Joseph T. Callinan, Councilmember Absent: Gina Belforte, Mayor Pam Stafford, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City Attorney Barnhill, Development Services Director Pawson, Director of Public Safety Masterson, Director of Human Resources Perrault, Deputy City Clerk Saldanha, Fire Marshal Adam, Management Analyst Tacata and Management Analyst Labourdette. 2. PLEDGE OF ALLEGIANCE Led by Assistant City Attorney, Alexandra Barnhill. 3. PRESENTATIONS A. Mayor's Proclamation: Honoring Fire Marshal Dan Adam on the Occasion of His Retirement Mayor Pro Tempore Mackenzie read and presented the proclamation to Fire Marshal Dan Adam, who thanked Council for their recognition. 4. DEPARTMENT HEAD BRIEFING A. Department of Public Safety: Reminder on Fines Regarding Illegal Fireworks Fire Marshal Adam provided the report. City of Rohnert Park Joint Regular Meeting Minutes June 28, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 6 5. PUBLIC COMMENTS Janeen Kirby stated Councilmember Ahanotu nominated her to serve on the Mobile Home Parks Rent Appeals Board, and introduced herself to the Council. Tanveer Sadiq expressed his concerns over the closure of Snyder Lane and commented on how the road project has affected his business, Fast Mart, located at 7285 Snyder Lane. Rick Savel thanked both Council and City Manager Jenkins for their hard work on the implementation of the general plan, especially regarding water conditions. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, June 14, 2016 B. Acceptance of Reports for: 1. Report on Councilmember Ahanotu's Appointment of Janeen Kirby to the Mobile Home Parks Rent Appeals Board 2. City Bills/Demands for Payment dated June 28, 2016 3. Successor Agency to the CDC Bills/Demands for Payment dated June 28, 2016 4. City- Cash Report for Month Ending April 2016 C. City Council Resolutions for Adoption: 1. 2016-064 Authorizing the Finance Director to Increase Appropriations by $75,000 to the Capital Improvement Project 2016-12 Animal Shelter HVAC Replacement Project Funded by 2007R Tax Allocation Bond Proceeds and Any Other Transactions Necessary to Fund the Project 2. 2016-065 Authorizing the City Manager to Execute an Amended and Restated Site Lease Agreement with the Community Child Care Council of Sonoma County for City -Owned Spaced Located at 1455 Golf Course Drive Effective July 1, 2016 and Supersede Resolution No. 2013-47 3. 2016-066 Authorizing the City Manager to Execute a Master Agreement for Consultant Services and Task Order 2016-01 with CSG Consultants Inc. for Development Review Services and Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account for Developer Reimbursements 4. 2016-067 Authorizing the City Manager to Execute Master Agreement for Consultant Services and Task Order 2016-01 with Dudek for Planning and Environmental Services and Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account for Developer Reimbursements 5. 2016-068 Authorizing and Approving Job Description and Salary Range for Information Systems Analyst, and Change in Salary Range for Information Systems Operations Manager 6. 2016-069 Approving the City of Rohnert Park Current Pay Rates and Ranges Revised June 26, 2016 7. 2016-070 Approving the Plans & Specifications for Wilfred Avenue Rehabilitation Project (Project Number 2016-09), Awarding the Construction Contract to Valley Slurry Seal International, Inc., and Finding the Project Exempt From CEQA City of Rohnert Park Joint Regular Meeting Minutes June 28, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 3 of 6 8. 2016-071 Authorizing the City Manager to Execute Task Order 2016-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the University District Project and Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account for Developer Reimbursements ACTION: Moved/seconded (Callinan/Ahanotu) to approve the Consent Calendar. Motion carried by the following unanimous 3-0-2 vote: AYES: Ahanotu, Callinan, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Stafford and Belforte. 7. Presentation on Proposed Community Separator Ballot Measure by Sonoma County Permit and Resource Management Department Director of Development Services Pawson presented the item. A presentation was provided by Jennifer Barrett, Deputy Director of Planning, from the Sonoma County Permit and Resource Management Department. Recommended Action(s): Receive a presentation from Sonoma County Permit and Resources Management Department on proposed Community Separator Ballot Measure. Public Comments: Terri Shore, Greenbelt Alliance Regional Director, spoke in support of community separators and urged the Council to send a letter of support to the Board of Supervisors. Jenny Blaker spoke in support of community separators and encouraged the Council to send a letter of support to the Board of Supervisors. Chris Meyer spoke in support of community separators and emphasized that other cities in Sonoma County have sent letters of support to the Board of Supervisors. Rick Savel spoke in support of community separators, but also pointed out potential issues that may arise from this ballot measure. Mr. Savel provided a handout including his correspondence with Sonoma County Local Agency Formation Commission (LAFCO). ACTION: By Consensus (none opposed), City Council received a presentation from Sonoma County Permit and Resources Management Department on the proposed Community Separator Ballot Measure. City Council directed staff provide more clarification on the topic and bring this item back at a future meeting when all five Councilmembers are present. City of Rohnert Park Joint Regular Meeting Minutes June 28, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 6 8. PUBLIC HEARING: (NO EARLIER THAN 6PM—Noticed on 6/17/2016 and 6/24/2016) Development Services Cost Recovery Annual Report — FY 2015-16 Management Analyst Tacata presented the item. Recommended Action(s): Hold a Public Hearing to consider the Development Services Cost Recovery Annual Report for FY 2015- 16, accept and file, and discuss and provide direction to staff regarding recommendations of revised fees to be presented at a future meeting. Hearing Opened 6:22 p.m. Public Comments: None. Hearing Closed 6:23 p.m. ACTION: By Consensus (none opposed), City Council directed staff to move forward with the recommended action by accepting the report and bringing the item back at a future Council meeting. 9. PUBLIC HEARING: (NO EARLIER THAN 6PM—Noticed on 6/17/2016 and 6/24/2016) Consideration of the City of Rohnert Park 2015 Urban Water Management Plan Director of Development Services Pawson presented the item. Recommended Action(s): Conduct a Public Hearing on the City's 2015 Urban Water Management Plan and Approve a Resolution of the City Council of the City of Rohnert Park Adopting the City of Rohnert Park 2015 Urban Water Management Plan and Authorizing its Filing with the California Department of Water Resources. Mayor Pro Tempore Mackenzie stated for the record that both Mayor Belforte and he recommended adoption of the Urban Water Management Plan at the Water/Wastewater Issues Committee meeting held on June 21 st Hearing Opened 6:34 p.m. Public Comments: Janeen Kirby commented on lawn watering issues in her neighborhood and expressed her concerns on delivering the message to residents about lifted drought restrictions. Hearing Closed 6:35 p.m. Councilmember Callinan stated for the record that Rohnert Park was one of the first cities in Sonoma County to use reclaimed water and praised the City's water conservation efforts over the last forty (40) years. ACTION: Moved/seconded (Callinan/Ahanotu) to Approve Resolution 2016-072 Adopting the City of Rohnert Park 2015 Urban Water Management Plan and Authorizing Its Filing With the California Department of Water Resources. City of Rohnert Park Joint Regular Meeting Minutes June 28, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 6 Motion carried unanimously by the following 3-0-2 vote: AYES: Ahanotu, Callinan, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Stafford and Belforte. 10. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports 1. Water/Wastewater Issues Committee (6/21) Mayor Pro Tempore Mackenzie reported that the State of California has lifted emergency drought regulations because our region now has an adequate water supply. Mayor Pro Tempore Mackenzie also noted that the Sonoma County Water Agency is holding a public workshop on July 11th at 6:00 p.m. in Santa Rosa on groundwater studies. B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (6/21) None. 2. Library Advisory Board (6/21) Councilmember Ahanotu reported a joint meeting took place between the Library Advisory Board and Rohnert Park-Cotati Friends of the Library Board. Councilmember Ahanotu also discussed the implementation of a healthy living grant program which will provide classes and medical screenings to lower income families. In addition, Councilmember Ahanotu and Mayor Pro Tempore commented on the library's launch of a digital streaming service called Hoopla to encourage resident's use of library services. Association of Bav Area Government (ABAG) General Assemblv (6/16) Mayor Pro Tempore Mackenzie reported he was unable to attend, but stated an action was made to accept recommendations for a merger between Metropolitan Transportation Commission (MTC) and Association of Bay Area Government (ABAG). Mayor Pro Tempore Mackenzie stated that the merger will take an estimate of six (6) to nine (9) months. 4. Legislative Committee (Mayors & Councilmembers.) (6/17) None. 5. Russian River Watershed Association (RRWA) (6/23) None C. Other Reports None. 11. COMMUNICATIONS Councilmember Ahanotu stated that he has received several complaints from residents regarding SMART fare rates and noted that some members of the public think the pricing is too high. Mayor Pro Tempore Mackenzie declared that he will discuss this topic in detail at the Town Hall meeting on July 20th. City of Rohnert Park Joint Regular Meeting Minutes June 28, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 6 12. MATTERS FROM/FOR COUNCIL Councilmember Callinan stated he would like an update from staff on the removal of weeds located on State Farm and Enterprise Drive. 13. PUBLIC COMMENTS None. 14. ADJOURNMENT Mayor Pro Tempore Mackenzie adjourned the joint regular meeting at 6:55 pin. Caitlin Saldanha, Deputy City Clerk City of Rohnert Park Gina Belforte, Mayor City of Rohnert Park Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6B 1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT July 12, 2016 Development Services Mary Grace Pawson, Development Services Director/City Engineer Mary Grace Pawson, Development Services Director/City Engineer Update on Code Enforcement Activity at 1391 Miramonte Place RECOMMENDED ACTION: Receive and file this report on Code Enforcement follow-up activities at 1391 Miramonte Place, Rohnert Park. BACKGROUND: On January 26, 2016, after several years of consistent complaints regarding landscape maintenance at this property, the City Council authorized the filing of a lien for $8,303.64 on the property located at 1391 Miramonte Place. The lien amount covered the cost of both code enforcement and weed abatement activities. At the time it authorized the lien, the City Council requested updates on the action. UPDATE: Since the City Council's action on January 26, 2016, staff has taken the following actions: • 1/29/2016- Staff filed the Notice of Pending Lien at the Sonoma County Recorder's office and provided mailed notice to the property owner of the action and 45 -day timeline to pay off the lien. • February 2016: Staff established telephone communication with the property owner and her sister. • 3/3/2016 — The property owner and her sister came to City Hall for a conference. The property owner executed an Agreement to Satisfy Lien and Authorize Property Inspection (Attachment 1). The property owner made an initial payment by check of $3,303.64 and has set up monthly payments by credit card for the remaining amount of $5,000. Because of these actions, a Notice of Final Lien was not filed with the County. • 3/10/2016 — The City's Chief Building Official and contract Building Inspector conducted an inspection of the interior and exterior of the home. They noted a minor ceiling crack in entryway and two vents in rear of the house that had pulled away. The property is generally habitable. The property owner was given an informal list of correctable items including: restoring water service; clearing landscape in front, side and rear yards, initiating a pest control inspection under the house; sealing vents and painting, as weather permitted. • 6/13/2016 — City Code Enforcement re -inspected the home and spoke with neighbors. Weeds are returning. • 6/14/2016 — City Code Enforcement contacted the property owner by phone and was not able to secure a commitment to clear weeds. • 6/14/2016 — City Code Enforcement contracted the property owner's sister by telephone. Commitment to contact and utilize a landscape service was secured. ITEM NO. 6B 1 • 6/15/2016 — The first electronic fund transfer of $500, which was authorized under the Agreement, was processed in the City's Finance Department. This will continue monthly until the fine is cleared. While this case remains challenging, staff has been able to reach an agreement with the property owner regarding a payment schedule and that agreement has been honored to date. The property owner has allowed an inspection which confirmed that the home is generally habitable. City staff has established an informal communication channel that includes the owner's relatives. This informal channel has, to date, been effective in securing general compliance with the requirements of the Municipal Code. While the property owner has made an initial payment of $3,303.64 and the first installment payment of $500, nine additional monthly installment payments are necessary to fully discharge the lien. Staff will continue to monitor the property and work to secure compliance with the requirements of the Municipal Code. STRATEGIC PLAN ALIGNMENT: The ongoing monitoring of compliance and lien payment is consistent with Strategic Plan Goal B. It is the City's strategy to maintain financial procedures for cost recovery whenever possible. OPTIONS CONSIDERED: None. This item is informational. FISCAL IMPACT/FUNDING SOURCE: None. This item is informational. Department Head Approval Date: 07/04/2016 Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 07/05/2016 Attachments 1. Agreement to Satisfy Lien and Authorize Property Inspection 2 AGREEMENT TO SATISFY LIEN DEBT AND AUTHORIZE PROPERTY INSPECTION This Agreement to Satisfy Lien Debt and Authorize Inspection (hereinafter referred to as the "Agreement") is made by and between the City of Rohnert Park (the "City") and Patricia Hassman (the "Owner") (City and Owner are collectively referred to herein as the "Parties" or each as a "Party") with reference to the following facts and intentions: RECITALS. WHEREAS, Owner is the record owner of real property located at 1391 Miramonte Place, Rohnert Park, California and known as Sonoma County Assessor's Parcel Number 047-370-015 (the "Property"); and WHEREAS, on May 21, 2014, the City received a written complaint regarding lack of maintenance and the condition of the Property; and WHEREAS, on June 24, 2014, City staff inspected the exterior of the Property and found the hedge and trees were overgrown which presented a visual hazard to pedestrians and motorists as well as an inoperable vehicle in the driveway. Based upon training and experience and the status of the Property's exterior and the lack of water service, code compliance staff suspects violations exist in the interior areas of the Property, but has not been able to secure consent to inspect or pursued an inspection warrant; and WHEREAS, despite repeated efforts, the City was unable to resolve the exterior violations with the Owner on a voluntary basis and an Administrative Citation was sent to the Owner on August 13, 2014 in the amount of $4800.00; and WHEREAS, after issuing proper notice, on February 10, 2015, an administrative hearing was held at which the Owner did not appear and the administrative hearing officer confirmed the violations and ordered the Property abated by March 1, 2015. City issued Owner formal notice of this decision; and WHEREAS, the Owner did not timely abate the violations at the Property, as required. Thus, the City retained a contractor to conduct the abatement work pursuant to the Rohnert Park Municipal Code and applicable law; and WHEREAS, the Owner did not timely reimburse the City for its code compliance effort; and WHEREAS, the City Council has confirmed the nuisance abatement costs pursuant to the Rohnert Park Municipal Code and applicable law and authorized the recording of a lien against the Property in the amount of $8,303.64 (the "Lien"); and WHEREAS, the Parties wish to avoid the burden and expense of undertaking further lien recordation and/or satisfaction procedures; and WHEREAS, the Owner wishes to repay the City the full amount of the Lien over the course of two years, rather than in a single lump sum; and WHEREAS, the City is willing to authorize a payment plan to repay the debt in exchange for receiving permission to inspect the remainder of the Property. RIV 44811-3854-2894 Q AGREEMENT. Now, therefore, based on and in consideration of the mutual promises contained herein and the recitals set forth above and incorporated in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. PARTIES' OBLIGATIONS. a. The Owner shall pay the City the total amount of $8,303.64. Owner has made an initial payment of $3,303.64 and shall be allowed to make monthly payments as provided for in this section. Such payments shall be due and payable on fifteenth (15th) day of each month or the next business day, beginning in June, 2016 following the execution of this Agreement. A total of ten (10) payments are due. b. Within thirty (30) days after receipt of the last payment by the City, the City shall record a Notice of Satisfaction of Pending Lien on the Property's title with the County Recorder. c. The Owner hereby acknowledges that good cause exists to support the issuance of an inspection warrant for the interior of the structure on the Property. Owner accordingly consents to grant entry to all interior and exterior portions of the Property by City officials for a code compliance inspection on the 10th day of March, 2016 ("Inspection Date") and for re -inspection upon those dates mutually agreed to in writing. During the course of the inspection (both interior and exterior), the City may take photographs, video recordings, samples or measurements to assess the condition of the Property. In the event the Owner does not provide City access to the Property on the Inspection Date or re -inspection dates and/or subsequently withdraws this written consent, Owner understands and agrees that this provision may be presented to a magistrate or Superior Court judge to support the issuance of an inspection warrant for the inspection of the interior of the Property and agrees that there is sufficient cause to support the issuance of such an inspection warrant. By consenting to the inspection of the Property, Owner does not waive any defenses that she may have to a nuisance abatement action involving the Property. In conducting the inspection of the Property, the City does not waive any remedies it may have regarding the Property. d. The Owner shall be required to maintain the Property, including but not limited to the vegetation on the Property, on an ongoing and continual basis in full compliance with the Rohnert Park Municipal Code, the California Building Standards Codes, State Housing Law (Health and Safety Code section 17910 et. seq.), and all other applicable laws and regulations. e. Each Party shall be responsible for their own legal fees and costs incurred in this matter. 2. DEFAULT. Any of the following events shall constitute an event of default ("Default"): (a) failure to make timely payments on the Lien when due and payable; (b) failure to perform any obligation contained in this Agreement; (c) admitting in writing the inability to pay debts as they come due. 3. REMEDIES. Any failure to make timely payments pursuant to Section 1 shall result in the full balance of the entire remaining Lien to immediately become due and owing, without further notice. Failure to maintain the Property in full compliance with all applicable laws and regulations shall result in the full balance of the entire remaining Lien to become due and owing, following the issuance of a written notice by the City and a ten (10) day cure period which is not complied with. RIV #4811-3854-2894 Q -2- The amount due and payable pursuant to Section 1(a) above constitutes a civil debt to the City. Should the Owner Default pursuant to Paragraph 2, the City shall be entitled to pursue any and all remedies available at law or in equity, including but not limited to recordation and/or foreclosure on the Lien, referral of the debt to a collection agency, collection of a special assessment against the Property, and/or initiation of a new enforcement action. 4. ADDITIONAL ENFORCEMENT. Notwithstanding this Agreement, Owner hereby agrees that the City does not give up any right to pursue remedies in the future for violations that exist on the Property after the Effective Date. The Owner understands and acknowledges that they are required to maintain the Property in full compliance with the Rohnert Park Municipal Code, the California Building Standards Codes, State Housing Law (Health and Safety Code section 17910 et seq.), and all other applicable laws and regulations on an ongoing basis, and that failure to do so may result in the initiation of future enforcement actions or proceedings by the City. 5. RELEASE BY THE OWNER. The Owner, on behalf of herself and each of her agents, representatives, heirs, successors, attorneys, and assigns, hereby fully release and discharge the City and the City's agents, representatives, attorneys, and assigns, fully and finally, from any and all rights, claims, demands, liens, disputes, actions, or causes of action which they and their respective above-mentioned agents, representatives, attorneys, and assigns now have against the City, whether claimed, contingent or actual, known or unknown, and of whatever kind or nature arising on or before the Effective Date of this Agreement by reason of the happening of the incidents in the code compliance efforts or the authorization to lien or upon any other matter between the parties. Owner understands and agrees FURTHER, THAT ALL HER RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE HEREBY EXPRESSLY WAIVED. Owner understands that Section 1542 of the California Civil Code provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 6. GENERAL PROVISIONS. a. Effective Date. This Agreement is executed and effective as of the date of execution by the City's City Manager ("Effective Date"). b. Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors, and permissible assigns. c. Time is of the Essence. Time is hereby expressly made of the essence in this Agreement and all performances and obligations due hereunder. d. Notice. All notices and other documents which any Party is required to give hereunder shall be in writing and shall be given by first class mail. Delivery of any notice, statement or other document to either party shall be deemed received two business days after mailing. If to Rohnert Park: JoAnne Buergler City Clerk 130 Avram Avenue Rohnert Park, California RIV #4811-3854-2894 Q -3- If to Owner: Patricia Hassman 383 Holly Drive San Rafael, California 94903-2448 Any Party hereto may, from time to time, by written notice to the other parties, designate a different address and/or a different person, which shall be substituted for the one specified above. Any notice or other documents sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of 24 hours following the deposit of said notice or other documents in the United States mail. e. Joint Drafting. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, was jointly drafted by the parties and their legal counsel and shall not be strictly construed for or against any of the Parties. f. Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach or anticipatory breach of this Agreement, or arising out of a breach or anticipatory breach of this Agreement, the prevailing party shall recover from the other party all of such prevailing party's reasonable attorneys' fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. g. Authority to Execute. The Parties agree that each party executing this Agreement has the legal authority to do so and warrants and represents that they have the legal authority to bind the entity on behalf of whom they sign. h. Voluntary Execution. The Parties warrant and certify that they have entered into this Agreement freely, voluntarily, and of their own volition without fraud, duress, or undue influence. The Parties have read the Agreement in its entirety, know the contents thereof, and sign the Agreement as their own free act. The Parties each further represent that they have had an opportunity to consult with an attorney of their choosing and that they have been fully advised with respect to their rights and obligations and with respect to the execution of this Agreement. i. Assumption of Risk: The Parties each represent that they fully understand that, if the facts pertaining in any way to this Agreement are later found to be different from the facts now believed to be true by any Party, each of them expressly accepts and assumes the risk of such possible differences in facts and agrees that this Agreement shall remain effective notwithstanding such differences in facts. The Parties also each represent that this Agreement was entered into under the laws current as of the Effective Date, and agree that this Agreement shall remain effective notwithstanding any future changes in the law. j. No Modification. This Agreement can be amended, modified or terminated only by a writing executed by each of the Parties and no future representations, promises or conditions not set forth herein in connection with the subject matter of this Agreement shall be binding upon any party to this Agreement unless made in writing and signed by each Party. k. Waiver. It is further agreed by the Parties that no term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provisions of this Agreement, except by an express written instrument of the Party charged with such a waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless RIV #4811-3854-2894 Q -4- specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. I, Prior Agreements, This Agreement contains the entire understanding among the Parties related to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. m. Counterpart Executions. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. n. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement shall continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term shall be deemed amended and limited in accordance with the intention of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision. o. Jurisdiction and Governing Law, This Agreement shall be interpreted, construed, governed, and enforced under and pursuant to the laws of the State of California. Any action to enforce any terns or condition of this Agreement shall be brought in the Sonoma County Superior Court which shall hear or determine any such dispute. The prevailing party shall be entitled to statutory costs and attorneys' fees. Dated: Dated: � ��1311 --- APPROVED AS TO FORM: CITY OF ROIINERT PARK BY--- DARRIN W. JENKINS, CITY MANAGER B.� PATRICIA 1 i A M AN BURKE, WILLIAMS & SORENSEN, LLP Dated:---_3L`I� �.. _._._ By: Alexandra Barnhill, Esq. 01 RNlhi81I-3854..2894 v2 -5- specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 1. Prior Agreements. This Agreement contains the entire understanding among the Parties related to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. m. Counterpart Executions. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. n. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement shall continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term shall be deemed amended and limited in accordance with the intention of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision. o. Jurisdiction and Governing Law. This Agreement shall be interpreted, construed, governed, and enforced under and pursuant to the laws of the State of California. Any action to enforce any term or condition of this Agreement shall be brought in the Sonoma County Superior Court which shall hear or determine any such dispute. The prevailing party shall be entitled to statutory costs and attorneys' fees. Dated: �p Dated: 2,_ APPROVED AS TO FORM: Dated RIV 4481 1-3854-2894 Q CITY OF ROHNERT PARK �. By• DARRI W. JENKINS, CITY MANAGER l�.� �LESoi� ;��, 2Citv�►► CAelop z� ��/ +he F-6Vrer Cu�a�ci1 aA- IJS v�� i�ve�y� :?_lv wile. By:/ f PATRICIA HAS` AN BURKE, WILLIAMS & SORENSEN, LLP IC Alexandra Barnhill, Esq. Attorney for Plaintiff CITY OF SANTA CLARITA -5- CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE July 12, 2016 Check Numbers: 232715 - 232976 $922,059.77 Dated: June 22, 2016 - June 30, 2016 TOTAL $922,059.77 Accounts Payable for Approval,�User: Q,;2�.Checks GBurke Printed: 7/6/2016 - 8:03 AM Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232715 06/22/2016 General Fund Aflac Payable AFLAC 1,175.16 Check Total: 1,175.16 Court Order Payable CA FRANCHISE TAX BOARD 484.02 232716 06/22/2016 General Fund Check Total: 484.02 General Fund Medical Ins Hartford-Ret Med HARTFORD LIFE INS 28,290.56 232717 06/22/2016 Check Total: 28,290.56 232718 06/22/2016 General Fund HSABank Payable y HSA Bank 1,623.00 Check Total: 1,623.00 General Fund PORAC LTD Payable MYERS-STEVENS & CO, INC 1,505.00 232719 06/22/2016 Check Total: 1,505.00 General Fund Def Com Pa able-Gw P y Nationwide Retirement Solutions 1,913.67 232720 06/22/2016 Check Total: 1,913.67 06/22/2016 General Fund Def Com Pa able-Gw p y Nationwide Retirement Solutions 3,479.84 1,750.00 232721 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 232721 06/22/2016 Check Total: 5,229.84 232722 06/22/2016 General Fund Payable Scope Dues Pa P y SEIU Local 1021 1,163.12 Check Total: 1,163.12 232723 06/22/2016 General Fund United Way Pa Y able Y United Way 43.26 Check Total: 43.26 232724 06/2,2/2016 General Fund Eye Care - Ret Med Y Vision Service Plan - (CAl 509.32 Check Total: 509.32 Page 1 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 156.40 232725 06/22/2016 ISF - Information Technology Supplies - IT US Bank -0.02 232725 06/22/2016 ISF - Information Technology Supplies - IT US Bank 0.02 232725 06/22/2016 General Fund Sales Tax Payable US Bank 10.24 232725 06/22/2016 ISF - Information Technology Supplies - IT US Bank 11.98 232725 06/22/2016 ISF - Information Technology Supplies - IT US Bank 0.70 232725 06/22/2016 ISF - Information Technology Supplies - IT US Bank -0.70 232725 06/22/2016 General Fund Sales Tax Payable US Bank 213.09 232725 06/22/2016 ISF - Information Technology Contractual Services US Bank 3.51 232725 06/22/2016 ISF - Information Technology Contractual Services US Bank -3.51 232725 06/22/2016 General Fund Sales Tax Payable US Bank Check Total: 391.71 232726 06/22/2016 Sewer Utility Fund Printing Services - Swr Ad Vantage Marketing 51.94 232726 06/22/2016 Water Utility Fund Printing Servcies - Water Ad Vantage Marketing 51.94 23.70 232726 06/22/2016 Sewer Utility Fund Printing Services - Swr Ad Vantage Marketing 23.70 232726 06/22/2016 Water Utility Fund Printing Servcies - Water Ad Vantage Marketing Check Total: 151.28 232727 06/22/2016 Capital Projects Fund University Dist. Specific Plan BRELJE & RACE CONSULTING 5,592.50 232727 06/22/2016 Capital Projects Fund University Dist. Specific Plan BRELJE & RACE CONSULTING 1,945.00 Check Total: 7,537.50 232728 06/22/2016 Capital Projects Fund PR -85 C -Park Restrm Rplcmnt Brokaw Design 4,853.25 Check Total: 4,853.25 232729 06/22/2016 Successor Agency Housing Fund Contractual Svc - Housing Champion Scaffold Services., Inc. 1,500.00 Check Total: 1,500.00 232730 06/22/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 DATA INSTINCTS 594.00 232730 06/22/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC DATA INSTINCTS 1,998.00 232730 06/22/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay DATA INSTINCTS 108.00 232730 06/22/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 DATA INSTINCTS 808.46 232730 06/22/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC DATA INSTINCTS 2,71950 232730 06/22/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay DATA INSTINCTS 147.04 Check Total: 232731 06/22/2016 General Fund Streets & Bike /Contractual S DC Electric Group Inc. 232731 06/22/2016 General Fund JEPA Mtn/Contractual Services DC Electric Group Inc. 232731 06/22/2016 General Fund Streets & Bike /Contractual S DC Electric Group Inc. 232731 06/22/2016 General Fund Streets & Bike /Contractual S DC Electric Group Inc. 232731 06/22/2016 General Fund Streets & Bike /Contractual S DC Electric Group Inc. 232731 06/22/2016 Casino Public Service RPSC/ Contracted Services DC Electric Group Inc. Page 2 of 28 6,375.00 4,663.75 143.50 4,805.66 276.76 4,663.75 430.50 Check Number Check Date 232731 06/22/2016 232732 06/22/2016 232732 06/22/2016 232733 232734 232734 232735 232735 232736 232736 232736 232736 232736 232737 232737 232738 232739 232739 232740 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 06/22/2016 Fund Name General Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund General Fund General Fund Sewer Captial Project Fund Sewer Captial Project Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund General Fund General Fund Water Utility Fund General Fund General Fund General Fund 232741 06/22/2016 General Fund 232.741 06/22/2016 General Fund Account Name JEPA Mtn/Contractual Services PR -69 M Park Tennis Ct. Rehab Retention Payable - CIP Vendor Name DC Electric Group Inc. Check Total: Dryco Construction Dryco Construction Check Total: Dowdell Ave Construction Dudek Page 3 of 28 Void Amount 143.50 15,127.42 56,517.05 -2,825.85 53,691.20 377.50 377.50 1,297.30 539.30 1,836.60 5,630.00 62,422.75 68,052.75 80,072.50 30,130.65 5,090.00 5,506.50 94,617.50 215,417.15 270.00 270.00 540.00 2,318.01 2,318.01 401.28 12.50 413.78 228.03 228.03 578.50 578.50 Check Total: SC/ Repairs &Maintenance Fishman Supply Company RP. Comm. Cntr /Bldg/Facilty Fishman Supply Company Check Total: WW -21 Clausin@101 WW MainRehab GHD WW -27 SWR Inflwllnfilt Stdy Check Total: University Dist. Specific Plan Green Valley Consulting Engineers Green Valley Consulting Engineers RPX Rehab TR RPX Rehab Ph 2 Green Valley Consulting Engineers -99 Green Valley Consulting Engineers RPX Rehab University Dist. Specific Plan Green Valley Consulting Engineers Check Total: Productions/Marketing North Bay Bohemian Productions/Marketing North Bay Bohemian Check Total: System Repair - WTR Entr Pace Supply Check Total: Streets &Bike /Heat/Light/Po Pacific Gas & Electric Park Maint /Heat/Light/Po pacific Gas &Electric Check Total: Supplies - Streets & Bike Reliable Hardware & Steel Co. Check Total: Police /C/0 -Vehicles/ Scott Signs Police /C/O -Vehicles/ Scott Signs Page 3 of 28 Void Amount 143.50 15,127.42 56,517.05 -2,825.85 53,691.20 377.50 377.50 1,297.30 539.30 1,836.60 5,630.00 62,422.75 68,052.75 80,072.50 30,130.65 5,090.00 5,506.50 94,617.50 215,417.15 270.00 270.00 540.00 2,318.01 2,318.01 401.28 12.50 413.78 228.03 228.03 578.50 578.50 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232741 06/22/2016 General Fund Police /C/0-Vehicles/ Scott Signs 578.50 Check Total: 1,735.50 232742 06/22/2016 Water Utility Fund System Repair - WTR Entr Shamrock Materials 393.30 Check Total: 393.30 232743 06/22/2016 General Fund HR /Contractual Svs Sky Insurance Technologies, LLC 386.75 Check Total: 386.75 232744 06/22/2016 General Fund Training & Travel - Fire State Fire Training 130.00 Check Total: 130.00 232745 06/22/2016 General Fund Softwr License & Maint - DS SunGard Public Sector Inc. 7,500.00 232745 06/22/2016 General Fund Softwr License & Maint - DS SunGard Public Sector Inc. 6,500.00 232745 06/22/2016 General Fund Softwr License & Maint - DS SunGard Public Sector Inc. 8,330.00 232745 06/22/2016 General Fund Softwr License & Maint - DS SunGard Public Sector Inc. 1,000.00 Check Total; 23,330.00 232746 06/22/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 310.03 232746 06/22/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 304.09 Check Total: 614.12 232747 06/22/2016 Capital Projects Fund PR-82 H Pool Heater/Filter/Cir SyCal Engineering, Inc. 3,812.50 232747 06/22/2016 Water Utility Fund Water Entr/Contractual Svs SyCal Engineering, Inc. 3,812.50 Check Total: 7,625.00 232748 06/22/2016 General Fund Police /Gas & Oil JUSTIN THOMPSON 16.68 Check Total: 16.68 232749 06/22/2016 Water Utility Fund System Repair - WTR Entr Titus Trucking 610.00 232749 06/22/2016 Water Utility Fund System Repair - WTR Entr Titus Trucking 610.00 Check Total: 1,220.00 232750 06/22/2016 Sewer Utility Fund Supplies - SWR Entr USA Blue Book 727.68 Check Total 727.68 232751 06/22/2016 State Asset Forfeiture SRF SAF-P/S Spec Dept Equip Vievu 3,224.98 232751 06/22/2016 State Asset Forfeiture SRF SAF-P/S Spec Dept Equip Vievu 37.50 232751 06/22/2016 General Fund Sales Tax Payable Vievu -37.50 Check Total: 3,224.98 Page 4 of 28 Page 5 of 28 Vendor Name Void Amount Check Number Check Date Fund Name Account Name Pac /Marketing US Bank 90.00 141.80 232752 06/22/2016 General Fund Pac /Front House/P US Bank 11.72 232752 06/22/201 6 General Fund Pac /Front House/P US Bank -11.72 232752 06/22/2016 General Fund Sales Tax Payable US Bank 232752 06/22/2016 General Fund 231.80 Check Total: 12.81 General Fund Supplies - Park Maint US Bank -38.02 232753 06/22/2016 Supplies -Park Maint US Bank 152.14 232753 06/22/2016 General Fund Supplies lies - Park Maint US Bank 60.57 232753 06/22/2016 General Fund Supplies -Park Maint US Bank 0.56 232753 06/22/2016 General Fund Supplies - Park Maint pp US Bank -76.07 232753 06/22/2016 General Fund Supplies -Park Maint US Bank 16.60 232753 06/22/2016 General Fund Supplies lies - Park Maint US Bank 553.07 232753 06/22/2016 General Fund Supplies -Park Maint US Bank 41.73 232753 06/22/2016 General Fund Supplies - Park Maint US Bank 71.36 232753 06/22/2016 General Fund Supplies - Park Maint US Bank 21633 232753 06/22/2016 General Fund Supplies -Park Maint US Bank 382.50 232753Equipment 06/22/2016 General Fund Rental - Parks US Bank -0.56 232753 06/22/2016 General Fund Sales Tax Payable US Bank 2.53 232753 06/22/2016 General Fund Su lies -Park Maint pp US Bank -2.53 232753 06/22/2016 General Fund Sales Tax Payable US Bank 0.16 232753 06/22/2016 General Fund Supplies - Park Maint US Bank -0.16 232753 06/22/2016 General Fund Sales Tax Payable US Bank 32.81 232753 06/22/2016 General Fund Equipment Rental -Parks US Bank -32.81 232753 06/22/2016 General Fund Sales Tax Payable US Bank -245.24 232753 06/22/2016 General Fund Supplies - Park Maint US Bank 232753 06/22/2016 General Fund 1,147.78 Check Total: 205.54 06/22/201 6 General Fund Supplies - Park Maint US Bank US Bank 399.67 232754 Fleet/Vehicle Repair & Maint 74.09 232754 06/22/2016 ISF - Fleet Fleet/Vehicle Repair & Maint US Bank 5438 232754 06/22/2016 ISF -Fleet Fleetf ehicle Repair & Maint US Bank 603.96 232754 06/22/2016 ISF - Fleet Fleet/Vehicle Repair & Maint US Bank 59.78 232754 06/22/2016 ISF - Fleet F1eetlVehicle Repair & Maint US Bank 6.26 232754 06/22/2016 ISF - Fleet Fleet/Vehicle Repair & Maint US Bank 165.30 232754 06/22/2016 ISF -Fleet Fleet/Small Tools US Bank 6.30 232754 06/22/2016 ISF - Fleet Fleet/Small Tools US Bank 108.74 232754 06/22/2016 ISF -Fleet Fleet/Vehicle Repair & Maint US Bank 0.76 232754 06/22/2016 ISF - Fleet Fleet/Small Tools US Bank -0.76 232754 06/22/2016 ISF -Fleet ax Sales TPayable US Bank 0.03 232754 06/22/2016 General Fund Fleet/Small Tools US Bank -0.03 232754 06/22/2016 ISF -Fleet Sales Tax Payable US Bank 232754 06/22/2016 General Fund Page 5 of 28 Check Number Check Date Fund Name 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232755 06/22/2016 General Fund 232756 06/22/2016 Sewer Utility Fund 232756 06/22/2016 Sewer Utility Fund 232757 06/22/2016 ISF - Fleet 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232758 06/22/2016 General Fund 232759 06/22/2016 Sewer Utility Fund 232759 06/22/2016 Sewer Utility Fund 232760 06/22/2016 Water Utility Fund 232760 06/22/2016 Water Utility Fund 232760 06/22/2016 Water Utility Fund 232760 06/22/2016 Water Utility Fund 232760 06/22/2016 General Fund 232761 06/22/2016 General Fund Account Name Productions/Production Productions/Production Productions/Production Productions/Production Productions/Production Productions/Production Productions/Production Sales Tax Payable Productions/Production Sales Tax Payable Supplies - SWR Entr Sewer Entr. /Small Tools Fleet/Vehicle Repair & Maint Supplies - Park Maint Supplies - Park Maint Supplies - Park Maint Supplies - Park Maint Supplies - Park Maint Supplies - Park Maint Sales Tax Payable Training & Travel - SWR PW Training & Travel - SWR PW Water Entr. /Spec Dept Equ Supplies - WTR Entr Vehicle Fuel Water Entr. /Spec Dept Equ Sales Tax Payable Supplies - Streets & Bike Page 6 of 28 Vendor Name Check Total: US Bank US Bank US Bank US Bank US Bank US Bank US Bank US Bank US Bank US Bank Check Total US Bank US Bank Check Total US Bank Check Total US Bank US Bank US Bank US Bank US Bank US Bank US Bank Check Tota US Bank US Bank Check Tota US Bank US Bank US Bank US Bank US Bank Check Tota US Bank Void Amount 1,684.02 6.53 19.98 10.71 12.78 -22.81 26.97 1.31 -1.31 0.77 -0.77 54.16 179.81 104.68 284.49 27.07 27.07 216.41 229.44 432.83 38.05 770.26 8.64 -8.64 1,686.99 18.00 18.00 36.00 481.71 21.99 75.00 2.23 -2.23 578.70 106.59 Check Number Check Date Fund Name Account Name Vendor Name 232761 06/22/2016 General Fund Supplies - Streets & Bike US Bank 232761 06/22/2016 General Fund Supplies - Streets & Bike US Bank 232762 06/22/2016 General Fund Training & Travel - Park Maint US Bank 232763 06/22/2016 General Fund Supplies - Park Maint US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232764 06/22/2016 General Fund Supplies - Theatre US Bank 232764 06/22/2016 General Fund Productions/Production US Bank 232765 06/22/2016 General Fund Supplies : Streets & Bike US Bank 232765 06/22/2016 General Fund Supplies - Streets & Bike US Bank 232765 06/22/2016 ISF - Fleet Fleet/Bldg/Facility Maint US Bank 232765 06/22/2016 General Fund Supplies - Streets & Bike US Bank 232765 06/22/2016 ISF - Fleet Fleet/Bldg/Facility Maint US Bank 232765 06/22/2016 General Fund Supplies - Streets & Bike US Bank 232765 06/22/2016 General Fund Supplies - PW US Bank 232766 06/22/2016 Water Utility Fund Water Entr. /Spec Dept Equ US Bank 232766 06/22/2016 Water Utility Fund System Repair - WTR Entr US Bank Page 7 of 28 Check Total: Check Total: Check Total: Check Total: Check Total: Void Amount 107.66 165.75 380.00 90.00 90.00 180.98 180.98 27.62 11.84 3.80 21.75 27.19 304.48 32.63 89.77 12.50 36.70 24.99 36.70 14.68 225.11 18.79 36.70 149.93 15.23 1,090.41 19.54 121.74 233.81 107.66 233.81 59.72 80.26 856.54 253.71 17.38 Page 8 of 28 Check Total: Check Total: Check Total: Void Amount 271.09 74.84 30.25 19.00 59.99 125.94 79.17 134.44 90.00 358.10 42.86 2.01 -2.01 1,014.59 11.41 245.16 256.57 414.69 414.69 50.00 34.94 167.98 168.01 715.00 104.78 254.49 229.97 75.00 131.60 62.90 104.78 28.20 32.98 -32.98 32.99 -32.99 62.56 -62.56 2.68 -2.68 Account Name Vendor Name Check Number Check Date Fund Name Sports Supplies - SpC US Bank 232767 06/22/2016 General Fund Supplies - SpC US Bank 232767 06/22/2016 General Fund Publicity -SpC US Bank 232767 06/22/2016 General Fund Supplies -Senior Cntr US Bank 232767 06/22/2016 General Fund Supplies - Community Event US Bank 232767 06/22/2016 General Fund Supplies - BARC US Bank 232767 06/22/2016 General Fund Office Supplies -Sports Cntr US Bank 232767 06/22/2016 General Fund Publicity - SpC US Bank 232767 06/22/2016 General Fund Supplies - BARC US Bank 232767 / 06/222016 General Fund Supplies - BARC US Bank 232767 06/22/2016 General Fund Supplies -SpC US Bank 232767 06/22/2016 General Fund Sales Tax Payable US Bank 232767 06/22/2016 General Fund Water Capital Project Fund WA -28 Water Meter Installtin US Bank 232768 06/22/2016 Water Utility Fund Water Entr. /Small Tools US Bank 232768 06/22/2016 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank US Bank 232769 06/22/201 6 General Fund H Pool B1dg/Facilty US Bank 232769 232769 06/22/2016 General Fund Publicity - SpC Supplies - BARC US Bank 232769 06/22/2016 General Fund Poo Supplies - B Pool US Bank 232769 06/22/2016 General Fund Supplies - H Pool US Bank 232769 06/22/2016 General Fund Publicity -SpC US Bank 232769 06/22/2016 General Fund SC/ Concession Purchases US Bank 232769 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank 232769 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank 232769 06/22/2016 General Fund Senior Ctr /Excursions US Bank 232769 06/22/2016 General Fund Supplies -Senior Cntr US Bank 232769 06/22/2016 General Fund Supplies - Commission US Bank 232769 06/22/2016 General Fund SC/ Concession Purchases US Bank 232769 06/22/2016 General Fund H Pool Bldg/Facilty US Bank 232769 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank 232769 06/22/2016 General Fund Sales Tax Payable US Bank 232769 06/22/2016 General Fund H Pool Bldg/Facilty US Bank 232769 06/22/2016 General Fund Sales Tax Payable US Bank 232769 06/22/2016 General Fund Publicity - SpC US Bank 232769 06/22/2016 General Fund Sales Tax Payable US Bank 232769 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank 232769 06%22/2016 Fund General F Sales Tax Payable US Bank 232769 66/22%26,16 General Fund Page 8 of 28 Check Total: Check Total: Check Total: Void Amount 271.09 74.84 30.25 19.00 59.99 125.94 79.17 134.44 90.00 358.10 42.86 2.01 -2.01 1,014.59 11.41 245.16 256.57 414.69 414.69 50.00 34.94 167.98 168.01 715.00 104.78 254.49 229.97 75.00 131.60 62.90 104.78 28.20 32.98 -32.98 32.99 -32.99 62.56 -62.56 2.68 -2.68 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232769 06/22/2016 General Fund Supplies - Senior Cntr US Bank 10.12 232769 06/22/2016 General Fund Sales Tax Payable US Bank -10.12 Check Total: 2,957.03 232770 06/22/2016 General Fund R.P. Comm. Cntr Bldg/Facilty US Bank 2.18 232770 06/22/2016 General Fund Supplies - Senior Cntr US Bank 161.07 232770 06/22/2016 General Fund Supplies - BARC US Bank 146.72 232770 06/22/2016 General Fund Supplies - Senior Cntr US Bank 0.21 232770 06/22/2016 General Fund Sales Tax Payable US Bank -0.21 232770 06/22/2016 General Fund Supplies - BARC US Bank 11.67 232770 06/22/2016 General Fund Sales Tax Payable US Bank -11.67 Check Total: 309.97 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 11.39 232771 06/22/2016 Sewer Utility Fund Training & Travel - SWR PW US Bank 125.00 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 25.65 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 52.73 232771 06/22/2016 Sewer Utility Fund Sewer Entr. /Spec Dept Equ US Bank 265.34 232771 06/22/2016 Sewer Utility Fund Sewer Entr. /Small Tools US Bank 7.38 232771 06/22/2016 Sewer Utility Fund Sewer Entr. /Small Tools US Bank 600.00 232771 06/22/2016 Sewer Utility Fund Sewer Entr. /Small Tools US Bank 604.21 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 325.16 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 125.05 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 125.05 232771 06/22/2016 Sewer Utility Fund Supplies - SWR Entr US Bank 2.24 232771 06/22/2016 General Fund Sales Tax Payable US Bank -2.24 232771 06/22/2016 Sewer Utility Fund Sewer Emr. /Small Tools US Bank 0.65 232771 06/22/2016 General Fund Sales Tax Payable US Bank -0.65 Check Total: 2,266.96 232772 06/22/2016 General Fund Supplies - Park Maint US Bank 15.38 232772 06/22/2016 General Fund Training & Travel - Park Maint US Bank 90.00 232772 06/22/2016 General Fund Training & Travel - Park Maint US Bank 130.00 Check Total: 235.38 232773 06/22/2016 General Fund Supplies - Senior Cntr US Bank 24.45 232773 06/22/2016 General Fund Benecia Pool Bldg/Facilty US Bank 983.54 232773 06/22/2016 General Fund Supplies - Senior Cntr US Bank 195.70 232773 06/22/2016 General Fund H Pool Bldg/Facilty US Bank 97.87 232773 06/22/2016 General Fund Supplies - H Pool US Bank 51.49 232773 0.6/22/2016 General Fund Supplies - B Pool US Bank 295.76 232773 06/22/2016 General Fund Supplies - H Pool US Bank 50.64 232773 06/22/2016 General Fund Magnolia Pool /Fac Maintenanc US Bank 9782 Page 9 of 28 Check Number Check Date Fund Name 232773 06/22/2016 General Fund 232773 06/22/2016 General Fund 232773 06/22/2016 General Fund 232773 06/22/2016 General Fund 232773 06/22/2016 General Fund 232773 06/22/2016 General Fund 232774 06/22/2016 Water Utility Fund 232774 06/22/2016 Water Utility Fund 232774 06/22/2016 General Fund 232775 06/22/2016 Sewer Utility Fund 232775 06/22/2016 Sewer Utility Fund 232775 06/22/2016 Sewer Utility Fund 232775 06/22/2016 Sewer Utility Fund 232776 06/22/2016 Water Utility Fund 232776 06/22/2016 Water Utility Fund 232776 06/22/2016 Water Capital Project Fund 232776 06/22/2016 Water Capital Project Fund 232776 06/22/2016 Water Capital Project Fund 232777 06/23/2016 Water Utility Fund 232778 06/23/2016 General Fund 232779 06/23/2016 General Fund 232780 06/23/2016 General Fund 232781 06/23/2016 General Fund Page 10 of 28 Vendor Name Void Amount Account Name 28.20 Senior Ctr Bldg/Facilty US Bank 978.74 Benecia Pool Bldg/Facilty US Bank 218.49 Supplies - H Pool US Bank 393.28 H Pool Bldg/Facilty US Bank 9.72 Supplies - B Pool US Bank 67.23 Supplies - B Pool US Bank Check Total: 3,492.93 80.65 Supplies - WTR Entr US Bank 0.37 Supplies - WTR Entr US Bank -0.37 Sales Tax Payable US Bank Check Total 80.65 15.20 Supplies - SWR Entr US Bank 190.00 Training & Travel - SWR PW US Bank 28.57 Sewer Entr. /Small Tools US Bank 60.30 Supplies - SWR Entr US Bank Check Total: 294.07 45.21 Water Entr. /Small Tools US Bank 91.05 Water Entr. /Small Tools US Bank 99.17 WA -28 Water Meter Installtin US Bank 71.18 WA -28 Water Meter Installtin US Bank 198.32 WA -28 Water Meter Installtin US Bank Check Total: 504.93 Equipment Rental - W The Barricade Company 339.82 Check Total 339.82 151.16 Benecia Pool /Heat/LightTo Comcast Check Total: 151.16 26.90 Publ Works Gen Bldg/Facilty Comcast Check Total: 26.90 Senior Ctr /Contractual S Eureka Oxygen Co. 26.70 Check Total: 26.70 270.00 POST Training & Travel -Police Aaron Johnson Check Total: 270.00 Page 10 of 28 Page 11 of 28 Fund Name Account Name Vendor Name Void Amount 1,147.50 Check Number Check Date Fire /Spec Dept Equ All Star Fire Equipment, Inc. 232782 06/27/2016 General Fund Check Total: 1,147.50 General Fund Supplies -Streets &Bike Ci Electric Supply n' PP Y 8.70 -8 70 232783 06/27/2016 General Fund Sales Tax Payable City Electric Supply 1,883.55 232783 06/27/2016 Supplies - Streets &Bike City Ci Electric Supply 232783 06/27/2016 General Fund Check Total: 1,883.55 Police/Armory - Police Ci of Fairfield tY 1,050.00 232784 06/27/2016 General Fund Check Total: 1,050.00 Co of Sonoma Information Systems Departr 1,040.75 232785 06/27/2016 General Fund Printing Services - Finance Co of Sonoma Information Systems Departr 61.85 232785 06/27/2016 General Fund Printing Services -Finance g Check Total: 1,102.60 06/27/2016 General Fund City Hall /Telephone Comcast Business 42.99 232786 Check Total: 42.99 Medications - AS Complete Welders Supply 31.00 232787 06/27/2016 General Fund Check Total: 31.00 Streets & Bike /Contractual S DC Electric Group Inc. 7,006.81 232788 06/27/2016 General Fund Check Total: 7,006.81 Southeast Dist. Specific Plan Dept of Public Works -Roads 912.02 232789 06/27/2016 Capital Projects Fund Check Total: 912.02 General Fund Mary Pop/Big Fish -Summer Prog Electric Crayon Inc -0.35 0.35 232790 06/27/2016 General Fund Sales Tax Payable Electric Crayon Inc 152.60 232790 06/27/2016 Mary Pop/Big Fish -Summer Prog Electric Crayon Inc 232790 06/27/2016 General Fund Check Total: 152.60 General Fund Senior Ctr /Bldg/FaciltyPP Eureka Oxygen Co. 383.77 346.00 232791 06/27/2016 Su lies - H Pool Eureka Oxygen . xygen Co 232791 06/27/2016 General Fund Check Total: 729.77 06/27/2016 General Fund Unleaded Fuel Inventory Flyers Ener Y 713.94 599.02 232792 06/27/2016 General Fund Diesel Fuel Inventory Flyers Energy 675.07 232792 232792 06/27/2016 General Fund Fire /Gas & Oil Flyers Ener Y Energy Flyers Energy 363.31 232792 06/27/2016 General Fund Police /Gas & Oil Flyers Energy727'38 Y 232792 06/27/2016 General Fund Unleaded Fuel Inventory Page 11 of 28 Check Number Check Date Fund Name Account Name Vendor Name 232792 06/27/2016 General Fund Unleaded Fuel Inventory Flyers Energy 232792 06/27/2016 General Fund Unleaded Fuel Inventory Flyers Energy 232792 06/27/2016 General Fund Police /Gas & Oil Flyers Energy 232792 06/27/2016 General Fund Police /Gas & Oil Flyers Energy 232792 06/27/2016 General Fund Fire /Gas & Oil Flyers Energy 232792 06/27/2016 General Fund Police /Gas & Oil Flyers Energy 232792 06/27/2016 General Fund Unleaded Fuel Inventory Flyers Energy Check Total: 232793 06/27/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 232793 06/27/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 232793 06/27/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD Check Total. 232794 06/27/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 232794 06/27/2016 General Fund Ps Main Station Bldg/Facilty Grainger, Inc. Check Total: 232795 06/27/2016 General Fund Medications - AS Henry Schein Animal Health 232795 06/27/2016 General Fund Medications - AS Henry Schein Animal Health Check Total: 232796 06/27/2016 General Fund City Hall Bldg/Facilty InfoStor Check Total: 232797 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint John Deere Financial 232797 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint John Deere Financial 232797 06/27/2016 General Fund Sales Tax Payable John Deere Financial 232797 06/27/2016 Water Utility Fund Water Entr. /Spec Dept Equ John Deere Financial 232797 06/27/2016 Water Utility Fund Water Entr. /Spec Dept Equ John Deere Financial 232797 06/27/2016 General Fund Sales Tax Payable John Deere Financial Check Total: 232798 06/27/2016 General Fund Supplies - AS Koefran Industries Check Total: 232799 06/27/2016 General Fund Police /Contractual S Language Line Services Check Total: 232800 06/27/2016 General Fund Office Supplies - PS National Document Solutions, LLC Page 12 of 28 Void Amount -573.52 -554.60 -956.12 -869.90 -768.41 653.36 764.05 773.58 287.43 966.81 52.26 1,306.50 273.57 439.15 712.72 587.62 728.49 1,316.11 34.00 34.00 54.06 0.26 -0.26 82.27 0.38 -0.38 136.33 115.00 115.00 58.15 58.15 314.41 Check Number Check Date Fund Name Account Name 232801 06/27/2016 General Fund Office Supplies - City Hall 232802 06/27/2016 Sewer Utility Fund Sewer Entr/Contractual Svs 232802 06/27/2016 Water Utility Fund Water Entr/Contractual Svs 232803 06/27/2016 Water Capital Project Fund WA -28 Water Meter Installtin 232804 06/27/2016 Water Utility Fund Water Entr. /Heat/Light/Po 232805 06/27/2016 Water Utility Fund Water Entr/Contractual Svs 232806 06/27/2016 Recycled Water Utility Fund Purchase of RW 232807 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232807 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232807 06/27/2016 General Fund Sales Tax Payable 232808 06/27/2016 General Fund POST Training & Travel -Police 232809 06/27/2016 Water Utility Fund Water Entr. /Heat/Light/Po 232809 06/27/2016 Water Utility Fund Water Entr/Contractual Svs 232810 06/27/2016 Sewer Utility Fund System Repair - SWR Entr 232810 06/27/2016 Sewer Utility Fund System Repair - SWR Entr 232810 06/27/2016 General Fund Sales Tax Payable 232810 06/27/2016 Sewer Utility Fund System Repair - SWR Entr 232811 06/27/2.016 General Fund Police/Recruitment/Hiring Gen 232811 06/27/2416 General Fund Productions/Marketing Page 13 of 28 Vendor Name Void Amount Check Total: 314.41 Office Depot 133.65 Check Total: 133.65 OFFICE TEAM 529.87 OFFICE TEAM 529.88 Check Total: 1,059.75 Pace Supply 216.41 Check Total: 216.41 Pacific Gas & Electric 4,607.39 Check Total: 4,607.39 PES ENVIRONMENTAL INC 2,501.20 Check Total: 2,501.20 City of Santa Rosa 9,176.16 Check Total: 9,176.16 SANTA ROSA BMW 120.35 SANTA ROSA BMW 0.31 SANTA ROSA BMW -0.31 Check Total: 120.35 Santa Rosa Junior College 4,730.00 Check Total: 4,730.00 So Co Water Agency 71,309.85 So Co Water Agency 10,000.00 Check Total: 81,309.85 Soiland Co., Inc. 466.06 Soiland Co., Inc. 2.14 Soiland Co., Inc. -2.14 Soiland Co., Inc. 370.57 Check Total: 836.63 Sonoma Media Investments -Advertising 533.80 Sonoma Media Investments -Advertising 1,221.10 Check Number Check Date Fund -Name Account Name Vendor Name Void Amount Check Total: 1,754.90 232812 06/27/2016 General Fund Supplies - Park Maint Sonomarin Landscape Materials Inc 153.72 232812 06/27/2016 General Fund Supplies - Park Maint Sonomarin Landscape Materials Inc 0.71 232812 06/27/2016 General Fund Sales Tax Payable Sonomarin Landscape Materials Inc -0.71 Check Total: 153.72 232813 06/27/2016 General Fund Park Maint /Contractual S UCPNB 2,303.34 232813 06/27/2016 General Fund City Hall/ Contractual Service UCPNB 216.66 232813 06/27/2016 General Fund R.P. Comm. Cntr /Contractual S UCPNB 540.15 232813 06/27/2016 General Fund Streets & Bike /Contractual S UCPNB 324.09 232813 06/27/2016 General Fund City Hall Annex Bldg/Facilty UCPNB 324.09 Check Total: 3,708.33 232814 06/27/2016 Sewer Utility Fund Sewer Entr. /Spec Dept Equ 3T Equipment Company Inc. 245.56 Check Total: 245.56 232815 06/27/2016 General Fund Animal Shelter Bldg/Facilty M ABM Janitorial North Calif -LA 561.00 232815 06/27/2016 General Fund City Hall Bldg/Facilty ABM Janitorial North Calif -LA 803.00 Check Total: 1,364.00 232816 06/27/2016 ISF - Fleet Softwr License & Maint - Fleet ALLDATA 1,631.25 Check Total: 1,631.25 232817 06/27/2016 General Fund Printing Svcs - NonDept BARLOW PRINTING, INC. 1,392.77 Check Total: 1,392.77 232818 06/27/2016 General Fund Supplies - PW Coggins Fence & Supply, Inc. 19.58 Check Total: 19.58 232819 06/27/2016 General Fund City Hall Bldg/Facilty First Alarm Securities Services 41.78 232819 06/27/2016 General Fund City Hall Bldg/Facilty First Alarm Securities Services 772.50 232819 06/27/2016 General Fund Senior Ctr /Bldg/Facilty First Alarm Securities Services 89.97 232819 06/27/2016 General Fund R.P. Comm. Cntr /Contractual S First Alarm Securities Services 80.34 Check Total: 984.59 232820 06/27/2016 General Fund Supplies - CH First Choice 146.85 232820 06/27/2016 General Fund Supplies - CH First Choice 108.85 Check Total: 255.70 232821 06/27/2016 General Fund Police /Gas & Oil Flyers Energy 742.33 Page 14 of 28 Check Number Check Date 232821 06/27/2016 232821 06/27/2016 232821 06/27/2016 232821 06/27/2016 232821 06/27/2016 232822 Account Name Vendor Name Void Amount Fund Name General Fund Unleaded Fuel Inventory Flyers Energy 1,062.56 688.96 General Fund Police /Gas & Oil Flyers Energy 795.69 General Fund Unleaded Fuel Inventory Flyers Energy 982.18 General Fund Unleaded Fuel Inventory FI Ener Flyers y Energy 938.54 General Fund Diesel Fuel Inventory Flyers Energy Sales Tax Payable 232822 06/27/2016 Water Utility Fund Water Entr. /Bldg/Facilty 232822 06/27/2016 Water Utility Fund Water Entr. Bldg/Facilty 232822 06/27/2016 General Fund Sales Tax Payable 232822 06/27/2016 Water Utility Fund Water Entr. Bldg/Facilty 232822 06/27/2016 Water Utility Fund Water Entr. Bldg/Facilty 232822 06/27/2016 General Fund Sales Tax Payable 232823 06/27/2016 General Fund Supplies - AS 232823 06/27/2016 General Fund Supplies - AS 232823 06/27/2016 General Fund Sales Tax Payable Check Total: Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Check Total: Frizelle-Enos Company Frizelle-Enos Company Frizelle-Enos Company 232826 06/27/2016 General Fund Ps Main Station Bldg/Facilty Grainger, Inc. 232824 232824 06/27/2016 General Fund Supplies - Park Maint Grain er, Inc. g Grainger, Inc.er, 232824 06/27/2016 ISF -Fleet Supplies - Fleet PP Supplies - Streets & Bike Grain g Inc. 232824 06/27/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 232g24 06/27/2016 General Fund General Fund PP Supplies - Park Maint Grain er, Inc. g 232824 06/27/2016 06/27/2016 General Fund Supplies - Park Maint PP Grainger, Inc. 232824 232824 06/27/2016 General Fund Supplies - PW Grain er, Inc. Grainger, Inc. g 232824 06/27/2016 General Fund Supplies - Park Maint Supplies - Park Maint Grainger, Inc. 232824 06/27/2016 General Fund 232825 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Hansel Ford 232825 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Hansel Ford 232825 06/27/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Hansel Ford 232826 06/27/2016 General Fund Medications - AS 232827 06/27/2016 General Fund Shelter Food - AS 232827 06/27/2016 General Fund Shelter Food - AS Page 15 of 28 Check Total: Check Total: Check Total: Henry Schein Animal Health Check Total: Hill's Pet Nutrition Sales, Inc Hill's Pet Nutrition Sales, Inc 5,210.26 87.03 0.41 -0.41 37.02 0.16 -0.16 124.05 245.66 1.02 -1.02 245.66 297.15 17.40 19.31 58.20 62.79 173.70 17.78 197.05 98.48 8.29 950.15 107.03 177.37 56.12 340.52 164.34 164.34 198.37 50.82 Check Number Check Date 232828 06/27/2016 232829 06/27/2016 232830 06/27/2016 232831 06/27/2016 232832 06/27/2016 232833 06/27/2016 232833 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232834 06/27/2016 232835 06/27/2016 232836 06/27/2016 232836 06/27/2016 232836 06/27/2016 Fund Name Account Name Vendor Name Void Amount Check Total: 249.19 General Fund Police /Contractual S Kone Inc 106.71 Check Total: 106.71 General Fund Ps Main Station /Telephone AT&T 111.37 Check Total: 111.37 General Fund Sports Center/Telephone AT&T 89.77 Check Total: 89.77 General Fund R.P. Comm. Cntr /Telephone AT&T 17.38 Check Total: 17.38 General Fund Supplies - Park Maint Buchanan Food Service 531.57 Check Total: 531.57 Capital Projects Fund Sports Ctr Locker -room Rehab Carr's Construction Services Inc 7,825.00 Capital Projects Fund Retention Payable - CIP Carr's Construction Services Inc -391.25 Check Total: 7,433.75 Capital Projects Fund Southeast Dist. Specific Plan Dudek 360.00 Capital Projects Fund Southeast Dist. Specific Plan Dudek 6,835.00 General Fund Developer Refundable Deposits Dudek 10,975.04 General Fund 2297 Revenue - DS Dudek -10,975.04 General Fund 2297 Expenses Dudek 10,975.04 Capital Projects Fund University Dist. Specific Plan Dudek 540.00 Capital Projects Fund University Dist. Specific Plan Dudek 2,660.00 Capital Projects Fund University Dist. Specific Plan Dudek 9,280.20 Capital Projects Fund Sonoma Mtn Village Project Dudek 360.00 General Fund Developer Refundable Deposits Dudek 1,140.00 General Fund 2297 Revenue - DS Dudek -1,140.00 General Fund 2297 Expenses Dudek 1,140.00 Check Total: 32.150.24 ISF - Fleet Fleet/Vehicle Repair & Maint GCR Tires & Service 1,060.09 Check Total: 1,060.09 Successor Agency Housing Fund Avram & Comm Dem-NonCap GHD 4,665.00 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 184.58 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 620.86 Page 16 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232836 06/27/2016 Capital Projects Fund PR-79 Com Ctr Pkg Lot Overlay GHD 33.56 Check Total: 5,504.00 232837 06/27/2016 ISF - Information Technology Contractual Services Granicus Inc 700.00 232837 06/27/2016 General Fund Non-Deptmental - Cont Svcs Granicus Inc 975.00 Check Total: 1,675.00 232838 06/27/2016 ISF - Information Technology Dues & Subscriptions - IT INFO-TECH RESEARCH GROUP INC. 1,560.00 Check Total: 1,560.00 232839 06/27/2016 General Fund Police/Recruitment/Hiring Gen Occu-Med LTD 291.50 Check Total: 291.50 232840 06/27/2016 General Fund Office Supplies - PS Office Depot 378.42 232840 06/27/2016 General Fund Supplies - Fire Office Depot 70.64 232840 06/27/2016 General Fund Supplies - Fire Office Depot 2.11 232840 06/27/2016 General Fund Sales Tax Payable Office Depot -2.11 Check Total: 449.06 232841 06/27/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 250.13 232841 06/27/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 613.35 Check Total: 863.48 232842 06/27/2016 Water Utility Fund Water Entr. Bldg/Facilty Platt 201.06 Check Total_ 201.06 232843 06/27/2016 2007R Loan Proceeds OF-60 Animal Svcs HVAC RJ Mechanical Inc. 11,145.00 232843 06/27/2016 2007R Loan Proceeds Retention Payable - Bond3 RJ Mechanical Inc. -557.25 Check Total: 10,587.75 232844 06/27/2016 Water Utility Fund Water Entr. /Spec Dept Equ Ryan Process Inc. 9,941.49 Check Total: 9,941.49 232845 06/27/2016 Sewer Utility Fund System Repair - SWR Entr Soiland Co., Inc. 54.66 Check Total: 54.66 232846 06/27/2016 Gas Tax Fund(2105, 2106, 2107) TR-104 Signal Sys Stdy W-Trans 4,789.06 232846 06/27/2016 Casino Public Service TR-104 50% Signal Sys Stdy W-Trans 4,789.05 Check Total: 9,578.11 232847 06/27/2016 General Fund Supplies - Park Maint Wheeler Zamaroni 439.58 Page 17 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232847 06/27/2016 General Fund Supplies - Park Maint Wheeler Zamaroni -2.98 232847 06/27/2016 General Fund Sales Tax Payable Wheeler Zamaroni 2.98 Check Total: 439.58 232848 06/27/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 400.00 232848 06/27/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 200.00 Check Total: 600.00 232849 06/27/2016 General Fund Standard Ins Payable LINCOLN NATIONAL LIFE INS CO 5,106.50 232849 06/27/2016 General Fund Short Term Disability LINCOLN NATIONAL LIFE INS CO 2,795.55 232849 06/27/2016 General Fund Life Ins - Retiree Med LINCOLN NATIONAL LIFE INS CO 979.65 Check Total: 8,881.70 232850 06/28/2016 General Fund R.P. Comm. Cntr Bldg/Facilty Animal Stars 484.25 Check Total: 484.25 232851 06/28/2016 General Fund Fire /Spec Dept Equ B.W.S. Distributors, Inc 119.63 Check Total: 119.63 232852 06/28/2016 General Fund Supplies - Streets & Bike The Barricade Company 98.72 232852 06/28/2016 General Fund Supplies - Streets & Bike The Barricade Company 0.46 232852 06/28/2016 General Fund Sales Tax Payable The Barricade Company -0.46 Check Total: 98.72 232853 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S Harvey Bell 598.00 Check Total: 598.00 232854 06/28/2016 General Fund Sports Center /Contractual S Pete Breeland 19.50 Check Total: 19.50 232855 06/28/2016 General Fund Training & Travel - PS CGIA 325.00 Check Total: 325.00 232856 06/28/2016 General Fund Rec Ref Clearing Victoria Chavez 400.00 Check Total: 400.00 232857 06/28/2016 General Fund Training & Travel - Fire Brandon Davidge 72.00 Check Total: 72.00 232858 06/28/2016 General Fund Training & Travel - Fire Department of Forestry and Fire Protection 248.00 232858 06/28/2016 General Fund Training & Travel - Fire Department of Forestry and Fire Protection 328.00 Page 18 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 576.00 232859 06/28/2016 General Fund Animal Shelter Fees Peggy Dimick 35.00 Check Total: 35.00 232860 06/28/2016 General Fund Rec Ref Clearing g Talia Eisen 35.00 Check Total: 35.00 General Fund g & Travel -Police POST Training Ben Fernandez 330.00 232861 06/28/2016 Check Total: 330.00 232862 06/28/2016 General Fund Rec Ref Clearing g Oscar Gonzalez 400.00 Check Total: 400.00 General Fund M Po Bi Fish--SummerProg az3' Popp/Big MARY JO HAMILTON 100.00 232863 06/28/2016 Check Total: 100.00 POST Training & Travel -Police Hampton Inn Sacramento/Rancho Cordova 647.40 232864 06/28/2016 General Fund Check Total: 647.40 POST Training & Travel -Police Hampton Inn Sacramento/Rancho Cordova 647.40 232865 06/28/2016 General Fund Check Total: 647.40 POST Training & Travel -Police Hampton Inn Sacramento/Rancho Cordova 647.40 232866 06/28/2016 General Fund Check Total: 647.40 General Fund g & Travel -Police POST Training Brittany Hawks 330.00 232867 06/28/2016 Check Total: 330.00 06/28/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc 243.80 41.04 232868 232868 06/28/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc 200.94 232868 06/28/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc 32.80 232868 06/28/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc Check Total: 518.58 232869 06/28/2016 General Fund Rec L1 Liability Ins Clearing HUB International 2,345.86 -306.84 232869 06/28/2016 General Fund R.P. Comm. Cntr /Rp Community HUB International Check Total: 2,039.02 General Fund Trainin & Travel - FIN g Hyatt Regency Sacramento 129.40 232g'70 06/28/2016 Page 19 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 129.40 232871 06/28/2016 General Fund Training & Travel - FIN Hyatt Regency Sacramento 258.20 Check Total: 258.20 232872 06/28/2016 General Fund POST Training & Travel -Police Duaine Labno 330.00 Check Total: 330.00 232873 06/28/2016 Water Utility Fund Training & Travel - WTR PW Steve Lepori 114.68 Check Total: 114.68 232874 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Mr. Sparkle 258.98 Check Total: 258.98 232875 06/28/2016 Sewer Utility Fund System Repair - SWR Entr Norm's Trucking 90.00 Check Total: 90.00 232876 06/28/2016 General Fund Office Supplies - Comm Cntr Office Depot 76.92 232876 06/28/2016 General Fund Office Supplies - Sports Cntr Office Depot 73.04 232876 06/28/2016 General Fund Office Supplies - Fire Office Depot 15.54 232876 06/28/2016 General Fund Office Supplies - Fire Office Depot 38.97 Check Total: 204.47 232877 06/28/2016 Sewer Utility Fund Sewer Entr/Contractual Svs OFFICE TEAM 226.08 232877 06/28/2016 Water Utility Fund Water Entr/Contractual Svs OFFICE TEAM 226.08 232877 06/28/2016 Sewer Utility Fund Sewer Entr/Contractual Svs OFFICE TEAM 508.68 232877 06/28/2016 Water Utility Fund Water Entr/Contractual Svs OFFICE TEAM 508.68 Check Total: 1,469.52 232878 06/28/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 190.31 232878 06/28/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 489.38 232878 06/28/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 461.10 Check Total: 1,140.79 232879 06/28/2016 General Fund City Hall /Heat/Light/Po Pacific Gas & Electric 13,461.93 Check Total: 13,461.93 232880 06/28/2016 Refuse Utility Fund Refuse/Contractal/Professnl Sv R3 Consulting Group 4,920.00 Check Total: 4,920.00 232881 06/28/2016 General Fund Supplies - M Pool Redwood Lock & Key 44.58 Page 20 of 28 Check Number Check Date 232881 06/28/2016 232881 06/28/2016 232881 06/28/2016 Fund Name General Fund General Fund General Fund 232882 06/28/2016 General Fund Account Name Supplies - Streets & Bike Publ Works Gen Bldg/Facilty Publ Works Gen Bldg/Facilty Supplies - Streets & Bike 232883 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S 232884 06/28/2016 General Fund Faclty Non -Routine Maintn - AS 232885 06/28/2016 ISF - Fleet FleetfVehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 232885 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Vendor Name Redwood Lock & Key Redwood Lock & Key Redwood Lock & Key Check Total: Reliable Hardware & Steel Co. Check Total: Kathleen Robinson Check Total: Roto -Rooter Plumbers Check Total: Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Check Total: 232886 06/28/2016 General Fund Productions/Production Gail Shelton 232886 06/28/2016 General Fund Pac /Concessions Gail Shelton 232886 06/28/2016 General Fund Pac /Front House/P Gail Shelton 232886 06/28/2016 General Fund Productions/Production Gail Shelton 232887 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S 232888 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S 232889 06/28/2016 General Fund Supplies - Streets & Bike 232889 06/28/2016 General Fund Supplies - Streets & Bike Page 21 of 28 Check Total: Gay Shelton-Ostadi Check Total: Gay Shelton-Ostadi Check Total: Sherwin Williams Sherwin Williams Void Amount 10.33 191.40 91.35 337.66 55.35 55.35 572.00 572.00 250.75 250.75 28.59 83.04 21.70 13.05 65.39 26.99 27.05 38.58 247.10 68.25 619.74 22.26 73.99 69.60 10.81 176.66 39.00 39.00 400.40 400.40 71.01 61.51 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 132.52 232890 06/28/2016 General Fund Supplies - M Pool SIERRA CHEMICAL CO -348.00 232890 06/28/2016 General Fund Supplies - M Pool SIERRA CHEMICAL CO 1,004.01 232890 06/28/2016 General Fund Supplies - M Pool SIERRA CHEMICAL CO 3.46 232890 06/28/2016 General Fund Sales Tax Payable SIERRA CHEMICAL CO -3.46 232890 06/28/2016 General Fund Supplies - B Pool SIERRA CHEMICAL CO 509.61 232890 06/28/2016 General Fund Supplies - B Pool SIERRA CHEMICAL CO 1.76 232890 06/28/2016 General Fund Sales Tax Payable SIERRA CHEMICAL CO -1.76 Check Total: 1,165.62 232891 06/28/2016 General Fund Fire /Spec Dept Equ Cody Sittig-Wattson 151.80 Check Total: 151.80 232892 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Smothers 69.79 Check Total: 69.79 232893 06/28/2016 General Fund Fire /Spec Dept Equ MATTHEW SNODGRASS 140.29 Check Total: 140.29 232894 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 1,163.00 Check Total: 1,163.00 232895 06/28/2016 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 702.00 Check Total_ 702.00 232896 06/28/2016 General Fund POST Training & Travel -Police SSDTTF 529.00 Check Total: 529.00 232897 06/28/2016 General Fund POST Training & Travel -Police SSDTTF 529.00 Check Total: 529.00 232898 06/28/2016 General Fund POST Training & Travel -Police SSDTTF 529.00 Check Total: 529.00 232899 06/28/2016 General Fund Sports Center /Contractual S PAMELA STAFFORD 136.50 Check Total: 136.50 232900 06/28/2016 General Fund Training & Travel - Fire State Fire Training 40.00 Check Total: 40.00 Page 22 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232901 06/28/2016 General Fund Training & Travel - Fire State Fire Training 40.00 Check Total: 40.00 232902 06/28/2016 Sewer Utility Fund Sewer Entr. /Dues & Subscr State Water Resources Control Board 90.00 Check Total: 90.00 232903 06/28/2016 General Fund Supplies - Park Maint Sweet Lane Wholesale Nursery 454.65 232903 06/28/2016 General Fund Supplies - Park Maint Sweet Lane Wholesale Nursery 2.10 232903 06/28/2016 General Fund Sales Tax Payable Sweet Lane Wholesale Nursery -2.10 Check Total: 454.65 232904 06/28/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 354.60 232904 06/28/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 1.63 232904 06/28/2016 General Fund Sales Tax Payable Syar Industries, Inc. -1.63 232904 06/28/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 204.84 Check Total: 559.44 232905 06/28/2016 General Fund Other Services The Community Voice 156.00 232905 06/28/2016 General Fund Other Services The Community Voice 384.00 Check Total: 540.00 232906 06/28/2016 General Fund Supplies - DS Trope Group 220.00 Check Total; 220.00 232907 06/28/2016 Water Utility Fund Water Entr. /Water Meter Re Wyatt Irrigation Co. 45.63 232907 06/28/2016 General Fund Supplies - Park Maint Wyatt Irrigation Co. 163.07 Check Total: 208.70 232908 06/28/2016 Water Utility Fund Water Entr. /Professional XC2 Software, LLC 2,250.00 Check Total: 2,250.00 232909 06/28/2016 General Fund Comm Events/Conracted Svc John Andersen 500.00 Check Total: 500.00 232910 06/28/2016 SECA - State Seized Assets State Seizure Pending -Payable Avila Family Trust 29,612.36 232910 06/28/2016 SECA - State Seized Assets Interest Inc State Seized Asse Avila Family Trust 136.07 Check Total: 29,748.43 232911 06/28/2016 General Fund Medications - AS Blade King Specialties 24.00 Check Total: 24.00 Page 23 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232912 06/28/2016 General Fund Sports Center /Contractual S BOLT STAFFING SERVICE, INC. 1,133.20 Check Total: 1,133.20 232913 06/28/2016 General Fund Peter M. Callinan 1,434.60 Check Total: 1,434.60 232914 06/28/2016 General Fund Marjorie Dennett 669.60 Check Total: 669.60 232915 06/28/2016 General Fund ARMANDO F. FLORES 550.60 Check Total: 550.60 232916 06/28/2016 General Fund Theodore Giesige 437.74 Check Total: 437.74 232917 06/28/2016 General Fund Michael Harrow 376.40 Check Total: 376.40 232918 06/28/2016 General Fund JAMES HEROLD 226.00 Check Total: 226.00 232919 06/28/2016 General Fund POST Training & Travel -Police Holiday Inn Express Sacramento Conventio 361.10 Check Total: 361.10 232920 06/28/2016 General Fund Carl Leivo 727.13 Check Total: 727.13 232921 06/28/2016 General Fund Comm Events/Conracted Svc Mr. Blackwell Presents 500.00 Check Total: 500.00 232922 06/28/2016 General Fund JOSEPH D. NETTER 1,388.10 Check Total: 1,388.10 232923 06/28/2016 General Fund Del Patton 636.38 Check Total: 636.38 232924 06/28/2016 General Fund POST Training & Travel -Police Public Safety Training Institute 125.00 232924 06/28/2016 General Fund POST Training & Travel -Police Public Safety Training Institute 125.00 Check Total: 250.00 Page 24 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 1,498.17 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 107.66 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 107.66 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 215.32 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 215.32 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 107.66 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 107.66 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 257.79 232925 06/28/2016 General Fund City Hall - Water CITY OF ROHNERT PARK 442.44 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 97.77 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 39.07 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Water - Non Deptmt l CITY OF ROHNERT PARK 69.70 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 85.66 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 93.51 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 41.59 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 72.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 69.70 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 73.00 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 131.56 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 72.50 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 38.06 232925 06/28/2016 General Fund Streets/ Water CITY OF ROHNERT PARK 215.32 232925 06/28/2016 General Fund B Pool/ Water CITY OF ROHNERT PARK 332.69 232925 06/28/2016 General Fund Parks/ Water CITY OF ROHNERT PARK 67.56 232925 06/28/2016 General Fund Parks/ Water CITY OF ROHNERT PARK 114.18 232925 06/28/2016 General Fund Public Works / Water CITY OF ROHNERT PARK 203.01 Check Total: 5,181.10 232926 06/28/2016 General Fund Training & Travel - DS JETTE SELBERG 114.00 232926 06/28/2016 General Fund Dev Svs /Travel & Meals JETTE SELBERG 830.44 Check Total: 944.44 232927 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Angie Smith 11.95 232927 06/28/2016 General Fund Supplies - PW Angie Smith 17.51 232927 06/28%2016 General Fund Postage & Shipping - PW Angie Smith 49.00 Page 25 of 28 Check Number Check Date Fund Name Account Name Vendor Name 232927 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Angie Smith 232927 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Angie Smith 232927 06/28/2016 Sewer Utility Fund Training & Travel - SWR PW Angie Smith 232927 06/28/2016 General Fund Postage & Shipping - PW Angie Smith 232927 06/28/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Angie Smith 232951 06/29/2016 General Fund Aflac Payable AFLAC 232952 06/30/2016 General Fund Police /Contractual S 232953 06/30/2016 ISF - Fleet Uniforms & Laundry Service-Fle 232953 06/30/2016 General Fund Uniforms & Laundry Service -PW 232953 06/30/2016 Sewer Utility Fund Uniforms & Laundry Service-Swr 232953 06/30/2016 Water Utility Fund Uniforms & Laundry Sery - W 232953 06/30/2016 General Fund Uniforms & Laundry Serv-Street 232953 06/30/2016 General Fund JEPA Mtn/Contractual Services 232953 06/30/2016 General Fund Uniforms Laundry Ser - Parks 232954 06/30/2016 General Fund Supplies - Gold Ridge 232954 06/30/2016 General Fund Supplies - H Pool 232954 06/30/2016 General Fund Sales Tax Payable 232954 06/30/2016 General Fund Supplies - Streets & Bike 232954 06/30/2016 General Fund Supplies - Streets & Bike 232954 06/30/2016 General Fund Sales Tax Payable 232954 06/30/2016 Water Utility Fund Equipment Rental - W 232954 06/30/2016 Water Utility Fund Equipment Rental - W 232954 06/30/2016 General Fund Sales Tax Payable 232955 06/30/2016 Water Utility Fund Water Entr. /Professional 232955 06/30/2016 Water Utility Fund Water Entr. /Professional 232956 06/30/2016 General Fund Supplies - Streets & Bike 232957 06/30/2016 General Fund Police /Gas & Oil 232957 06/30/2016 General Fund Unleaded Fuel Inventory Page 26 of 28 Check Total: Check Total: American Medical Response, Inc Check Total: Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Check Total: The Barricade Company The Barricade Company The Barricade Company The Barricade Company The Barricade Company The Barricade Company The Barricade Company The Barricade Company The Barricade Company Check Total: Brelje & Race Laboratories Inc Brelje & Race Laboratories Inc Check Total: Consolidated Electrical Distributors, Inc. Check Total: Flyers Energy Flyers Energy Void Amount 5.00 5.00 20.00 47.00 9.75 16.5.21 1,476.40 1,476.40 400.00 400.00 27.88 30.28 30.68 34.28 14.65 6.27 41.15 185.19 103.51 0.50 -0.50 103.51 0.48 -0.48 324.75 1.50 -1.50 531.77 35.00 35.00 70.00 583.34 583.34 596.26 621.53 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232957 06/30/2016 General Fund Police /Gas & Oil Flyers Energy 377.15 232957 06/30/2016 General Fund Unleaded Fuel Inventory Flyers Energy 992.21 Check Total: 2,587.15 232958 06/30/2016 General Fund Uniforms & Laundry Service -PW Friedman's Home Improvement 165.60 232958 06/30/2016 General Fund Uniforms & Laundry Service -PW Friedman's Home Improvement 0.77 232958 06/30/2016 General Fund Sales Tax Payable Friedman's Home Improvement -0.77 Check Total: 165.60 232959 06/30/2016 General Fund Medications - AS Henry Schein Animal Health 585.35 232959 06/30/2016 General Fund Medications - AS Henry Schein Animal Health 669.21 Check Total: 1,254.56 232960 06/30/2016 General Fund Supplies - FIN J. Snell & Co., Inc. 955.95 232960 06/30/2016 General Fund Supplies - FIN J. Snell & Co., Inc. 6.49 232960 06/30/2016 General Fund Sales Tax Payable J. Snell & Co., Inc. -6.49 Check Total: 955.95 232961 06/30/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Jacobsen West 754.12 Check Total: 754.12 232962 06/30/2016 General Fund Police/Recruitment/Hiring Gen LA VOZ BILLINGUAL 275.12 Check Total: 275.12 232963 06/30/2016 General Fund Animal Control /Contractual S Barbara Leach, D.V.M. 1,865.00 Check Total: 1,865.00 232964 06/30/2016 General Fund R.P. Comm. Cntr Bldg/Facilty Leo's Roofing, Inc. 460.00 Check Total: 460.00 232965 06/30/2016 General Fund Supplies - Streets & Bike Martin Ranch Supply 125.05 Check Total: 125.05 232966 06/30/2016 General Fund Training & Travel - City Mgr Media Survival Group 4,000.00 Check Total: 4,000.00 232967 06/30/2016 ISF - Fleet Supplies - Fleet National Document Solutions, LLC 57.49 Check Total: 57.49 232968 06/30/2016 General .Fund Office Supplies - City Hall Office Depot 992.47 232968 06/30/2016 General Fund Office Supplies - City Hall Office Depot 15.17 Page 27 of 28 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 232968 06/30/2016 Sewer Utility Fund Office Supplies - SWR Entr Office Depot 30.00 232968 06/30/2016 General Fund Office Supplies - PS Office Depot 726.93 232968 06/30/2016 General Fund Office Supplies - PS Office Depot 52.46 232968 06/30/2016 General Fund Supplies - Police Office Depot 23.81 Check Total: 1,840.84 232969 06/30/2016 General Fund SC/ Concession Purchases Pepsi-Cola 975.23 Check Total- 975.23 232970 06/30/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Powerplan 414.95 Check Total: 414.95 232971 06/30/2016 Water Utility Fund System Repair - WTR Entr USA Blue Book 524.53 Check Total: 524.53 232972 06/30/2016 General Fund Supplies - Streets & Bike Western Highway Products 497.50 232972 06/30/2016 General Fund Supplies - Streets & Bike Western Highway Products 1.86 232972 06/30/2016 General Fund Sales Tax Payable Western Highway Products -1.86 Check Total: 497.50 232973 06/30/2016 Sewer Utility Fund Sewer Entr/Contractual Svs WILLDAN FINANCIAL SERVICES 1,250.00 Check Total: 1,250.00 232974 06/30/2016 Water Utility Fund System Repair - WTR Entr Wyatt Irrigation Co. 27.72 Check Total: 27.72 232975 06/30/2016 General Fund BIA Assessment Payable Sonoma County Tax Collector 99,129.16 232975 06/30/2016 General Fund FinanceBIA Chgs for Svc Sonoma County Tax Collector -1,982.58 Check Total: 97,146.58 232976 06/30/2016 General Fund Postage & Shipping -Senior Cntr United States Post Office 58.21 Check Total: 58.21 AP -Checks for. Approval (7/6/2016 - 8:03 AM) Page 28 of 28 Report Total: 922,059.77 Page 28 ROHNERT PARS( FINANCING AUTHORITY CASH REPORT TO: The Chairman and Board Members of the Rohnert Park Financing Authority Darrin Jenkins, Executive Director CASH BALANCES AS OF MAY 31 2016 2003 Lease Revenue Refunding Bonds: Lease Revenue Refunding Bonds -Revenue Fund Lease Revenue Refunding Bonds -Project Fund 2005 Sewer System R.C.O.P.'s Funds: Certificate Payment Fund FROM: Betsy Howze, Finance DirectorE� { Prepared By: Lori Newzell DATE: June 23, 2016 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $ 2.75 0.16 565,071.25 $ 565,074.16 CASH DISTRIBUTION AS OF CASH HELD BY FISCAL AGENTS: Maturity Interest Investment Institution Date Rate May 31, 2016 Source of Par Value Market Value Valuation 2003 Lease Revenue Refunding Bonds: Lease Rev Refdg Bds-Revenue Fund: Blackrock Prov Tfund N/A 0.036% $ 2.75 $ 2.75 Note (1) Lease Rev Refdg Bds-Project Fund: Blackrock Prov Tfund N/A 0.000% 0.16 0.16 Note (1) Total $ 2.91 $ 2.91 $ 2005 Sewer System RCOP's Funds: Certificate Payment Fund: Blackrock Prov Tfund N/A 0.200% $ 565,071.25 $ 565,071.25 Note (1) 2.91 565,071.25 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $ 565,074.16 Investment Yield for May 31, 2016 0.200% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. Note (1) The source of valuation for this investment is the month end Union Bank Trust Statements. The Par Value and Market Value are typically the same as interest is credited and paid monthly. HOUSING SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK CASH REPORT TO: The Chairman and Members of the Community Housing Successor Agency of the City of Rohnert Park Darrin Jenkins, Executive Director CASH BALANCES AS OF MAY 31, 2016 FROM: Betsy Howze, Finance Director Prepared By: Lori Newzell DATE: June 23, 2016 Low & Moderate Income Housing $ 2,186,680.19 Housing Fund Bond Proceeds (2007H TABs) 13,767,804.20 Debt Service Fund (2007H TABs) 11.71 TOTAL HOUSING SUCCESSOR AGENCY CASH $ 15,954,496.10 CASH DISTRIBUTION AS OF May 31, 2016 Checking Accounts: Exchange Bank Checking Account #44042 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Type Date Rate Interest Rate 0.03% Par Value Market Value 2007H TAB'S Union Bank -Trustee 2007H Redevelopment Project Fund (Housing) Tax Allocation Bonds: Blackrock Prov Tfund Trees. Note N/A 0.20% $ 13,767,804.20 $13,767,804.20 Note (1) 2007H Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0.17% 11.71 11.71 Note (1) $ 13,767,815.91 $13,767,815.91 TOTAL HOUSING SUCCESSOR AGENCY CASH Investment Yield for May 31, 2016 0.177% $ 2,186,680.19 13,767,815.91 $15,954,496.10 INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Housing Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. The funds to meet the agency's expenditures will be determined by the State Department of Finance. Note (1) The source of valuation for these investments is their respective monthly statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF RONNERT PARK CASH REPORT TO: The Chairman and Members of the Community Redevelopment Successor Agency of the City of Rohnert Park Darrin Jenkins, Executive Director CASH BALANCES AS OF MAY 31 2U1G RPTTF Funds (1) Debt Service Special Fund (2001 TARBs) Debt Service Reserve Fund (1999 TABs) (2) Redevelopment Fund (1999 TABs) (3) TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH (1) Appropriated for debt service payments & ROPS obligations. (2) Required minimum debt service reserves. (3) Tax Allocation Bond Proceeds residual interest. FROM: Betsy Howze, Finance Director Prepared By: Lori Newzell DATE: June 23, 2016 $ 2,271,001.23 3.49 1,756,262.69 69.47 $ 4,027,336.88 CASH DISTRIBUTION AS OF May 31, 2016 Checking Accounts: Interest Rate Exchange Bank Checking Account #44042 0.03% $ 2:271,001.23 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value 2001 TARB'S Union Bank-Trustee Tax Allocation Refunding Bonds Special Fund: Blackrock Prov Tfund N/A 0.290% $ 3.49 $ 3 49 Note (1) $ 3.49 $ 3.49 3.49 1999 TAB'S: Union Bank-Trustee 1999 Tax Allocation Bonds Redevelopment Fund: Blackrock Prov Tfund Treas. Note N/A 0.200% $ 69.47 $ 6947 Note (1) Total 1999 Tax Allocation Bonds Redevelopment Fund $ 6947 $ 6947 69.47 Union Bank-Trustee 1999 Tax Allocation Bonds Reserve Fund: Blackrock Prov Tfund Trees. Note N/A 0.200% $ 1,756,130 21 $ 1,756,130.21 Note (1) 1999 Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Trees. Note N/A 0.200% 132.48 132.48 Note (1) Total 1999 Tax Allocation Bond Fund $ 1,756,262 69 $ 1,756,262.69 1,756,262.69 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH $ 4,027,336.88 Investment Yield for May 31, 2016 0.104% INVESTMENT POLICY & SUFFICIBWT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Redevelopment Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. Due to the dissolution of the redevelopment agencies by the State of California the funds to meet the agency's expenditures will by determined by the State Depatment of Finance. Note (1) The source of valuation for these investments is their respective monthly Union Bank Trust Statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. ^�°•�•{City of Rohnert Park Cash Report As of May 31, 2016 To: The Honorable Mayor & Members of the City Council From: Betsy Howze, Finance Director Darrin Jenkins, City Manager Prepared By: Lori Newzell Summary of General Fund Cash Total General Fund Cash Restricted (External) Assigned Subtotal (not available to spend) Unassigned Restricted Detail: Refundable Deposits Housing Program Senior Center Donations Assigned Detail: Operating Reserve Contingency Reserve Insured Losses Reserve Retiree Health Savings Reserve Enterprise Fund Cash Water Utility Operations Fund Water Capital Fund Water Bond Proceeds Sewer Utility Operations Fund Sewer Capital Fund JEPA Deposit - Wastewater Recycled Water Operation Funds Garbage Utility Operations Fund Total Enterprise Fund Cash Internal Service Fund Cash Information Technology Fund Vehicle/Equipment Replacement Fund Fleet Services Fund ISF-Infrastructure Total Internal Service Fund Cash Special Revenue Funds Gas Tax Funds: Sec. 2107 Maint/Const Gas Tax Funds: Sec. 2107.5 Eng/Admin Graton Special Enforcement Activity Graton Mitigation Fund Casino Public Safety Capital Contribution Problem Gambling MOU 3.2 Fund Casino Waterway MOU 3.3 Fund Casino Public Service MOU 3.4.2 Fund Casino Supplemental MOU 3.4 Fund Casino Vehicle Contribution $ 1,034,717.46 7.587,940.00 $ 923,385.12 80,196.00 31,136.34 $ 1,034,717.46 $ 3,828,518.00 2,754,259.00 998,268.00 6.895.00 $ 7,587,940.00 Page 1 of 3 $ 9,883,504.13 8,622,657.46 $ 1,260,846.67 $ 4,701,760.65 376,072.00 22.85 8,267,705.75 2,459,531.31 500,990.47 25,272.27 682,688.94 $ 17,014,044.24 $ 390,833.78 963,240.93 173,538.87 1.584,981.81 $ 3,112,595.39 $ 2,091,517.47 6,070.31 607,319.33 4,018.48 1,657,662.05 107,096.59 95,124.91 2,585,036.54 794,845.99 314,659.80 City of Rohnert Park Cash Report (Continued) As of May 31, 2016 Special Revenue Funds - (Continued) Alcohol Beverage Sales Ordinance #70 Fund 82,114.88 Vehicle Abatement Fund 406,297.24 Traffic Safety Fund 300,831.83 General Plan Maintenance Fee Revenue Fund 500,582.92 Spay and Neuter Fee Special Revenue Fund 46,908.44 Federal Asset Forfeiture Special Revenue Fund 25,862.19 State Asset Forfeiture Special Revenue Fund 407,832.52 PAC Capital Facilities Fund 75,326.22 Sports Center Facility Cap Reserve 71,093.38 Per Acre For Development Fee Fund 545,228.12 Sewer Capacity Charge Fund 3,005.53 Refuse Road Impact Fee Fund 1,117,780.49 Measure M Streets Fund 656,658.60 Traffic Signals Fund 1,507,282.17 Regional Traffic Fee Fund 169,521.71 Explorer Program Fund 8,491.65 Cal Disability Act Fund 7,783.39 Buildg Standard Sp SB1473 36.42 Capital Outlay Fund 12,971.14 Public Facilities Finance Admin Fund 732,600.06 Public Facilities Finance Fee Fund 2,892,558.69 SLESF Fund 304,073.44 DIVCA AB2987/PEG Fees Fund 466,586.49 Traffic Congestion Relief Fund 216,835.16 6.6.2 -Wilfred JEPA Fund 457,202.69 Prop M Fire Assessment 351,043.47 Rent Appeals Board Fund 166,918.17 Copeland Creek Drainage Fund 53,850.19 Total Special Revenue Funds $ 19,850,628.67 Capital Project Funds City Capital Projects $ (136,177.13) Wilfred Dowdell Specific Plan Mitigation Program 13,024.24 2007 R Bond Proceeds 3,497,800.82 Total Capital Projects Funds $ 3,374,647.93 Permanent Funds Performing Arts Center Donations $ 685,914.00 Dorothy Spreckels Endowment Fund (1) 500 000.00 Total Permanent Fund $ 1,185,914.00 Trust & Agency Funds Rohnert Park Foundation $ 6,660.00 Federal Seized Assets 312,442.01 State Seized Assets 1,546,852.10 Cash with Fiscal Agent (2002C CSCDA Wastewater Rev Bonds) _ 2.20_ Total Trust & Agency Funds $ 1,865,956.31 Total Cash All City Funds $ 56,287,290.67 (1) Per the 1st amendment to the Dorothy Spreckels 1999 Trust, Section 3.4.1; $500,000 is "to be held as an endowment fund. The income of the fund (but no part of the principal or appreciation thereof, realized or unrealized) shall be used for the general charitable purposes of the City of Rohnert ParKs Dorothy Rohnert Spreckels Preforming Arts Center" Page 2 of 3 CITY OF ROHNERT PARK -SCHEDULE OF INVESTMENTS AS OF MAY 31, 2016 Maturity Investment Date % Int. Par Value Investment Valuation Market Value Source Exchange Bk Recreation Checking Ckg N/A 0.030% $ 44,841 34 $ 44,841 34 Note (1) Exchange Bk Operating Checking Ckg N/A 0.030% 13,615,540.04 13,615,540.04 Note (1) Total Business Checking Accounts 0.030% $ 13,660 381.38 $ 13,660,381.38 Invmnts Portfolio YTM Par Value Market Value Until Maturity Petty Cash Cash N/A 0.000% $ 3,626.00 $ 3,626.00 Note (2) WFS Synovus Bank CD 08/15/16 0.800% $ 249,000.00 $ 249,198 70 Note (1) WFS Comenity Capital Bank CD 08/18/16 0.800% 250,000 00 2,488,000 250,202.75 Note (1) WFS Ally Bank CD 08/22/16 0.900% 248,000.00 39,587,659 248,258.66 Note (1) WFS Discover Bank CD 08/22/16 0900% 248,000.00 25.05 248,258.66 Note (1) WFS GE Capital Bank CD 08/22/16 0.850% 248,000 00 547,599.06 248,243.04 Note (1) WFS Goldman Sachs Bank CD 08/22/16 0.800% 249,000.00 $ 56,287,290.67 249,206.92 Note (1) WFS Park Nall Bank CD 08/22/16 0.850% 250,000.00 250,244.25 Note (1) WFS Peoples United Bank CD 08/22/16 0.850% 248,000.00 248,243.29 Note (1) WFS Merrick Bank CD 08/29/16 0.850% 250,000.00 250,254.50 Note (1) WFS Bank Leumi USA NY CD 09/12/16 0800% 248,000.00 248,233.86 Note (1) Total CD Investments 0.840% $ 2,488,000.00 $ 2,490,344.63 State of Calif.-LAIF Pooled N/A 0.552% $ 7,349,263.43 $ 7,349,263.43 Note (3) So. Co. Investmt. Pool Pooled N/A 0.698% 32,238,395.75 32238,395_75 Note (4) Total Managed Pools 0.625% $ 39,587,659.18 $ 39,587,659.18 Subtotal 0.484% $ 55,739,666.56 $ 55,742,011.19 2002C CSCDA W/W Rev Bonds -Interest Pymt Fd 0.000% $ 220 $ 220 Note (5) 2005A CSCDA WNW Rev Bonds -Project Acct. 0.013% 22.85 22.85 Note (5) Total Revenue Bonds 0.010% $ 25.05 $ 25.05 Wilfred Widening Construction Dep M.M. N/A 0.030% $ 46,608.59 $ 46,608.59 Note (6) JEPA Deposit Ckg N/A 0.070% 500,990.47 50D.990.47 Note (7) Total Dedicated Portfolios 0.050% $ 547,599.06 $ 547,599,06 Totals $ 56,287,290.67 $ 66,289,635.30 Note (1) Investments in Medium Term Notes, Certificates of Deposits, checking and savings accounts. Note (2) Petty Cash kept in cash drawers at each City cash collection site. Note (3) These are funds invested in the Local Agency Investment Fund, State of California. Current Market Value and Par Value are typically equal. Interest is received quarterly Note (4) These are funds invested in the Sonoma County Investment Pool. Current Market Value and Par Value are typically equal. Interest is received quarterly Note (5) These funds are being held by Union Bank of California Note (6) These funds are held as a deposit from Graton Tribe for Wilfred Widening project. Note (7) These funds are held as a deposit per section 6 1.1 of the Graton Wastewater JEPA Page 3 of 3 POOLED INVESTMENT SUMMARY BY TYPE May 31, 2016 # of % of Avg. Average Days Investment Type Invmnts Portfolio YTM Par Value Market Value Until Maturity Business Checking 2 24.27% 0030% $ 13,660,381.38 $ 13,660,381 38 1 Petty Cash 1 0.01% 0.000% 3,626 3,626 0 CDs -Banks 10 4.42% 0.000% 2,488,000 2,490,345 85 Managed Pools(LAIF/SCIP) 2 70.33% 0.625% 39,587,659 39,587,659 1 Cash with Trustee 2 0.00% 0.010% 25.05 25.05 1 Dedicated Portfolios 2 0.97% 0.050% 547,599.06 547,599.06 1 19 100.00% $ 56,287,290.67 $ 56,289 635.30 Page 3 of 3 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6C1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT July 12, 2016 Administration Don Schwartz, Assistant City Manager Don Schwartz, Assistant City Manager Resolution extending Sonoma County Waste Management Agency Joint Powers Agreement through February, 2018 RECOMMENDED ACTION: Approve resolution extending expiration date of Sonoma County Waste Management Agency (SCWMA) until February 28, 2018. BACKGROUND: The SCWMA is comprised of the nine incorporated cities and the unincorporated areas of Sonoma County. The SCWMA's responsibilities include authority and administration of the composting program, HHW program, solid waste education, and solid waste planning and reporting on a regional basis. The Agency's provision of services regionally provides cost efficiencies through economies of scale, consistent regional messaging, and reducing liability to members. The SCWMA Joint Powers Authority (JPA) agreement expires on February 11, 2017. Failure to extend, renew, or replace this agreement by that date will result in the dissolution of the SCWMA. The dissolution would result in direct costs to each SCWMA member ranging from $20,000 to $170,000 for one-time costs and $5,000 to $15,000 annual reporting costs. Earlier this year the Agency requested that its members approve extending the JPA an additional year to allow it time to have fuller discussions on potential changes to the JPA. All members of the Agency, other than Rohnert Park, have agreed to this extension. We declined to approve the extension, believing that there was sufficient time to resolve the JPA issues without an extension, and that extending the Agency would unnecessarily slow the efforts to develop a new JPA. ANALYSIS: While staff believe that there is sufficient time in the seven months remaining before the JPA expires to approve a new agreement, the Agency needs to know definitively if we will be participants for the additional year. Agency staff has indicated that it needs seven months' notice to transition responsibilities to another body, primarily due to contracts that will need to be amended or terminated. Thus, the Agency has recommended the attached resolution to approve extending the JPA for one additional year. While staff recommends the extension, we will continue to pursue a permanent new JPA as soon as possible. Since the Agency's intended solution for a new compost site is no longer feasible, ITEM NO. 6C 1 which is a significant development, there may be a greater sense of urgency among the members to finally agree on a new JPA. ALIGNMENT WITH STRATEGIC PLAN: Retaining a regional approach for the services provided by the Agency support the Strategic Plan's value of fiscal responsibility. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approving the resolution extending the duration of the Waste Management Agency JPA by one year. 2. Alternative: Staff also considered not extending the Agency JPA and did not recommend this option because it would be less efficient for the City to manage the services directly. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to extending the duration of the Agency; doing so avoids costs of the City managing the services directly. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: June 16, 2016 City Manager Approval Date: June 21, 2016 Attachments (list in packet assembly order): 1. Resolution authorizing extension of Waste Management Agency JPA by one year 2 RESOLUTION NO. 2016-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXTENDING BY ONE YEAR THE TERM OF THE AGREEMENT BETWEEN THE CITIES OF SONOMA COUNTY AND SONOMA COUNTY FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES WHEREAS, the City of Rohnert Park (the "City") is a party to that certain Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal With Waste Management Issues, as amended on January 24, 1996 by the First Amendment to the Agreement, and on March 27, 2014 by the Second Amendment to the Agreement (collectively, the "Agreement"); and WHEREAS, the Agreement created the Sonoma County Waste Management Agency (the "Agency") as a separate public entity in accordance with the requirements of Government Code section 6500 et seq., to provide service to the Sonoma County region on four primary programs; (1) household hazardous waste; (2) wood waste; (3) yard waste that otherwise would go to a landfill; and (4) education about the Agency's programs (collectively, the "Agency Programs"); and WHEREAS, the Agency further serves as a Regional Agency designated by the California Department of Resources Recycling and Recovery in compliance with Public Resources Code section 40975 for purposes of implementing, monitoring and reporting programs to meet the goals established by the Integrated Waste Management Act of 1989 on behalf of the member Cities and County (a "Regional Agency"); and WHEREAS, the Agreement has a term of twenty-five (25) years, which term expires on February 11, 2017, which term may be extended from year to year by mutual agreement of the member Cities and County; and WHEREAS, the expiration of the Agreement would result in the dissolution of the Agency; and WHEREAS, the Board of the Agency is engaged in discussion regarding the future of the Agency and the Agency Programs, including whether to recommend to the member Cities and County to enter into a new or amended joint exercise of powers agreement to continue the Agency Programs; and WHEREAS, the City supports a regional approach to the Agency Programs, but recognizes that the member Cities and County may require additional time beyond the expiration of the term of the Agreement to negotiate the terms of a new joint exercise of powers agreement; and WHEREAS, the Agency has indicated that it will require additional time to either develop a plan for the continuation of the Agency Programs, or efficiently transition the 1 Agency's operations to other agencies and/or the member Cities and County; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rohnert Park that the City agrees to extend the term of the Agreement by one (1) year from its current expiration date. Upon such extension, the new expiration date for the Agreement shall be February 11, 2018. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute and deliver any and all documents necessary to carry out such extension in accordance with this Resolution. PASSED, APPROVED AND ADOPTED this 12th day of July, 2016. Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-73 �Oy Ncer YpRK 62 Mission Statement CALIFORN%P Ve Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Public Works and Community Services ITEM NO. 6C2 Submitted By: John McArthur, Director of Public Works & Community Services Prepared By: Maya Labourdette, Management Analyst Agenda Title: First Amendment to the Digital Billboard Lease with Kirk Veale, dba Veale Outdoor Advertising, for City -owned Digital Billboard Sign and Appropriation Increase for Community Center Digital Sign Capital Improvement Project RECOMMENDED ACTION: 1) Adopt a resolution authorizing the City Manager to execute a First Amendment to the Digital Billboard Lease with the Kirk Veale, dba Veale Outdoor Advertising, effective July 12, 2016; and 2) Authorize the Finance Director to increase the appropriation for the Community Center Digital Sign Capital Improvement Project No. 310-1520-400-9901 from $50,000 to $65,000 with funding from Kirk Veale, dba Veale Outdoor Advertising. BACKGROUND: On April 23, 2013, the City Council adopted Resolution No. 2013-070 authorizing and approving the Digital Billboard Lease (Lease) by and between the City of Rohnert Park (City) and Kirk Veale (Veale), dba Veale Outdoor Advertising (formally doing business as B.P.O. of California), for the financing, installation, operation and maintenance of the City -owned digital billboard adjacent to the Highway 101 freeway sign. The Lease also includes provisions to have Veale replace the manual (non -digital) message board at the Community Center Complex with a digital billboard sign. The replacement of the Community Center Sign was to be at no cost to the City, and Veale would pay the City a percentage of the gross revenue from advertising. The City was to receive, at no cost, the exclusive use of thirty-five percent (35%) of all advertising time on the Community Center Sign, in order to promote events and announcements that the City determined best to serve the needs of the City and its residents. Upon adoption of the Lease, the City Council directed staff to proceed with exploring sign alternatives, but directed that it no longer wished to use the new sign for commercial advertising. Veale agreed to relinquish rights and responsibility of the Community Center Sign, and make a payment to the City for the construction and installation of a new sign. The City would have exclusive use of the new digital Community Center Sign and would be responsible for its 1 ITEM NO. 6C2 construction, operation, and maintenance. The terms of the Lease need to be updated to reflect these changes. On October 13, 2015, staff presented options for the new digital Community Center Sign and asked for direction from the City Council. The City Council directed staff to stay within a budget that matched Veale's agreed upon payment, and to proceed with a digital, dual -faced (V shape) reader board. Once this direction was received from the City Council, staff began working to prepare an advertisement for construction bids to construct and install the Community Center Sign. Staff has also been working with Veale to negotiate terms of the First Amendment to the Lease that incorporates the changes in responsibility for the Community Center Sign on terms that are mutually beneficial to both parties. Upon approval of the First Amendment to the Lease, the City will receive funding to proceed with the purchase and installation of a new Community Center Sign. ANALYSIS: Proposed First Amendment to Lease: The major provisions for the First Amendment are as follows: a) To release Veale from the obligation to construct, install, operate, and maintain the Community Center Sign, b) To add that Veale's sole obligation for the Community Center Sign shall be a payment to the City in an amount not to exceed $65,000, to be made in installments, c) To release Veale from the obligation of securing a performance bond, d) To add that the City will not use the Community Center Sign for commercial advertising, but only for community events and general public interest notifications, e) To add that Veale will have exclusive rights to advertising on the Community Center Sign, on terms and conditions set forth in the Lease, should the City Council ever decide to allow commercial advertising on the Sign. All remaining provisions of the Lease are to be reaffirmed and shall remain in full force and effect. Next Steps: 1) If the City Council approves the First Amendment to the Lease, then the City shall receive the first payment of $20,000 from Veale for the Community Center Sign within 10 business days. 2) Upon receiving the first payment, the City would enter into a contract for the purchase and installation of the Community Center Sign, following the procedures established by the City's Purchasing Policy. 3) Working with the bid awardee, City would finalize design of the Community Center Sign. OA ITEM NO. 6C2 4) City shall receive the second payment of $22,500 from Veale within ten (10) business days prior to the scheduled commencement of construction of the Community Center Sign. 5) Upon receiving second payment, the Community Center Sign would be constructed and installed. 6) Upon completion of the project, City shall invoice Veale in an amount not to exceed $22,500. Veale shall pay City final payment within thirty (30) days of receiving a final invoice from the City. OPTIONS CONSIDERED: 1) Adopting a resolution to execute a First Amendment with Veale would give the City funds to purchase and install a new sign at the Community Center Complex to highlight City events and public interest notifications. Staff recommends this option. 2) The City could put forth different terms for the First Amendment. However, the provisions listed above were carefully negotiated for maximum benefit to the City, while still preserving a positive relationship with Veale. Staff does not recommend this option. 3) The City could choose to forgo adopting a First Amendment with Veale. Under the Lease, Veale would retain responsibility for the Community Center Sign as well as the rights to advertise on it. However, previous City Council direction elected not to have commercial advertising on the Community Center Sign. Staff does not recommend this option. STRATEGIC PLAN ALIGNMENT: The recommended action is in alignment with Strategic Plan GOAL D: Continue to develop a vibrant community. FISCAL IMPACT/FUNDING SOURCE: Adoption of a resolution authorizing the City Manager to execute a First Amendment to the Lease with Veale would provide the City with $65,000 to purchase a new Community Center Sign. The City Council has previously directed staff to keep the scope of the project within a cost that could be recovered in full by the payments from Veale. Therefore, the authorization of the First Amendment will have no net impact on the City's budget. Department Head Approval Date: Finance Director Approval Date: City Attorney Approval Date: City Manager Approval Date: Attachments: 1) Resolution 6/20/2016 (J. McArthur) 6/21/2016 (E. Smith for B. Howze) 6/20/2016 (A. Barnhill) 6/24/2016 (D. Jenkins) 2) First Amendment to Lease Agreement 3) Digital Billboard Lease Agreement 3 RESOLUTION NO. 2016-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH THE KIRK VEALE, DBA VEALE OUTDOOR ADVERTISING, FOR CITY -OWNED DIGITAL BILLBOARD SIGN EFFECTIVE JULY 12, 2016 WHEREAS, the City of Rohnert Park ("City) owns the property and sign for the digital billboard adjacent to the Highway 101 freeway sign, and the manual message board at the Community Center Complex; and WHEREAS, the City and Kirk Veale (Tenant) entered into a Digital Billboard Lease ("Lease") effective June 11, 2013, and authorized by City Council Resolution No. 2013-070 on April 23, 2013, for the financing, installation, operation and maintenance of a Digital Billboard, and a new digital freeway sign on certain property owned by the City; and WHEREAS, the Lease also provided for Tenant's replacement of a Community Center Sign under specified terms and conditions; and WHEREAS, the City and Tenant would like to amend the Lease to relieve Tenant of its obligations under to design and replace the Community Center Sign in exchange for additional consideration; and WHEREAS, the City and Tenant would like to amend certain other provisions of the Lease to reflect changed understandings and circumstances; and WHEREAS, the City and Tenant would like to release Tenant from the obligation to construct, install, operate, and maintain the Community Center Sign; and WHEREAS, the Tenant's sole obligation for the Community Center Sign shall be a payment to the City in an amount not to exceed $65,000 for construction and installation of a sign to replace the Community Center Sign; and WHEREAS, the Tenant shall no longer be obligated to secure a performance bond; and WHEREAS, the City shall not permit commercial advertising on Community Center Sign unless City obtains written consent from Tenant, or City enters into a mutual written agreement granting Tenant exclusive right to sell all commercial advertising subject to the provisions pertaining to commercial advertising set forth in the Lease, including, Exhibit C; and WHEREAS, the First Amendment to the Lease agreement with Veale shall be effective July 12, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a lease amendment by and between Kirk Veale, dba Veale Outdoor Advertising, a sole proprietorship, for the City -owned digital billboard in substantially similar form as provided for in "Exhibit A," attached hereto and incorporated by this reference, subject to minor modifications as approved by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute all documents pertaining to the Lease Agreement for and on behalf of the City of Rohnert Park and to take all action necessary or reasonably required to carry out, give effect to, and/or consummate the transactions contemplated by this Resolution. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to increase the appropriation for the Community Center Digital Sign Capital Improvement Project No. 310-1520-400-9901 from $50,000 to $65,000 with funding from Kirk Veale, dba Veale Outdoor Advertising. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk Attachment: Exhibit A AIIANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-74 "Exhibit A" First Amendment to the Digital Billboard Lease (3) 2016-74 FIRST AMENDMENT TO THE DIGITAL BILLBOARD LEASE AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND KIRK VEALE This First Amendment to the Digital Billboard Lease ("First Amendment") is made this 12th day of July, 2016, by and between the City of Rohnert Park ("City"), a California municipal corporation, and Kirk Veale, a sole proprietorship dba Veale Outdoor Advertising (formally doing business as B.P.O. of California) ("Tenant"). City and Tenant may sometimes be referred to hereinafter individually as a "party" and collectively as the "parties." Capitalized terms used throughout this First Amendment shall have the same meaning as provided for in the Digital Billboard Lease except where expressly stated otherwise. RECITALS WHEREAS, the City and Tenant entered into a Digital Billboard Lease ("Lease") effective June 11, 2013, and authorized by City Council Resolution No. 2013-070 on April 23, 2013, for the financing, installation, operation and maintenance of a Digital Billboard, a new digital freeway sign on certain property owned by the City and; WHEREAS, the Lease also provided for Tenant's replacement of a Community Center Sign under specified terms and conditions; and WHEREAS, the City and Tenant would like to amend the Lease to modify Tenant's obligations under the Lease related to the Community Center Sign; and WHEREAS, the City and Tenant would like to amend certain other provisions of the Lease to reflect changed understandings and circumstances; NOW, THEREFORE, IT IS AGREED, based upon mutual promises of the Parties, the sufficiency of which is hereby acknowledged, as follows: 1. Community Center Sign. Section 5.2.5 of the Lease, Exhibit C, and that portion of Section 1.7 of the Lease following "California" shall be deleted in its entirety. Section 5.2.5 shall be amended to read as follows: "Community Center Sign. Tenant shall pay to the City the actual cost, not to exceed sixty- five thousand dollars ($65,000), for the City's construction and installation of a sign to replace the Community Center Sign ("Replacement Sign"). Such payments shall be made in three installments. Tenant shall pay City twenty thousand dollars ($20,000) for the first installment payment within ten (10) business days after the effective date of the First Amendment. Tenant shall pay City twenty-two thousand five hundred dollars ($22,500) for the second installment payment within ten (10) business days prior to the commencement of construction of the OAK #4820-5690-9106 v2 Replacement Sign. Tenant shall pay City an amount based upon actual costs which shall not exceed twenty-two thousand five hundred dollars ($22,500) for the third and final installment payment. City shall notify Tenant in writing of the duty to make an installment payment and of the actual costs to construct and install the Replacement Sign, and shall provide Tenant documentation of such costs. Tenant shall pay City final payment within thirty (30) days of receiving a final invoice from the City. Any late or unpaid installments shall be subject to a late payment charge equal to five percent (5%) of the unpaid amount. Upon full payment, the City shall be fully responsible for the design, construction, installation, operation and/or maintenance of the Replacement Sign. City shall not permit commercial advertising on the Replacement Sign unless: (a) City first sought and obtained the written consent of Tenant, or (b) the Parties have entered into a mutual written agreement granting Tenant the exclusive right to sell all commercial advertising on the Community Center Sign for the term of the Lease, subject to the provisions pertaining to commercial advertising set forth in the Lease, including, Exhibit C. All payments under this amended Section 5.2.5 shall be returned by City to Tenant if construction of the Replacement Sign is not completed by 6/30/2017, or such other date as the Parties mutually agree upon in writing. 2. Performance Bond. Sections 5.5 and 6.11 of Exhibit B to the Lease are hereby deleted in their entirety. Except as expressly amended by this First Amendment, all remaining provisions of the Lease are reaffirmed and shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED, that the City and Tenant executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK, a California municipal corporation LOW Darrin Jenkins, City Manager Date: Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of July , 2016. ATTEST: Caitlin Saldana, Deputy City Clerk OAK #4820-5690-9106 v2 KIRK VEALE, a sole proprietorship, dba Veale Outdoor Advertising By: Title: Date: DIGITAL BILLBOARD LEASE by and between CITY OF ROHNERT PARK, a California Municipal corporation ("City") and KIRK VEALE , a sole proprietorship dba B.P.O. OF CALIFORNIA ("Tenant") OAK 114849-6842-8818 v8 BASIC INFORMATION The following Basic Information provides a brief synopsis of the critical terms of this Lease and a reference for certain specific terms of this Lease. The Basic Information, the Recitals below, and all exhibits attached hereto are incorporated into and made a part of the Lease. If there is any conflict between the Basic Information and terms of the Lease, the terms of the Lease shall control. Com: CITY OF ROHNERT PARK, 130 Avram Avenue Rohnert Park, CA 94928 Notice: City Manager Email: admin@rpcity.org Telephone: (707) 588-2226 Facsimile: (707) 792-1876 a California Municipal corporation 2. Tenant: Kirk Veale, a sole proprietorship dba B.P.O of California P. O. Box 1496 Santa Rosa, CA 95402 2800 Cleveland Avenue #A2 Santa Rosa, CA 95402 Notice: Kirk Veale Email: kirk@vealeinvestmento.com Telephone: (707) 575-3752 Facsimile: (707) 575-4540 3. Effective Date: I ung k , 2013 4. Premises: That certain real property owned by City legally described in and depicted on Exhibit A, commonly known and referred to as the City of Rohnert Park—Highway 101 Digital Sign in the City of Rohnert Park, County of Sonoma, State of California, together with the City's improvements serving the digital billboard located thereon (excluding any pipes, utilities, structures or other improvements servicing any property other than the digital billboard). 5. Permitted Use: Operation of one two-sided digital billboard to display outdoor advertising on the Premises. 6. Term: Twenty (20) years from the Commencement Date of the Lease and a ten (10) year extension option by Tenant as set forth in Article 4. 1-A OAK #4849-6842-8818 v8 7. Base Rent: As set forth in Article 5, Tenant shall pay City $180,000 per year payable in monthly installments of $15,000 per month commencing on the Commencement Date. The Base Rent will be adjusted as set forth in Article 5. Base Rent will be adjusted annually after the first five (5) years of the Term either by the Performance Increase (as defined in Schedule 1) or three and one-half percent (3.5%), whichever is greater. 8. Percentage Rent: If the total Base Rent paid by Tenant in any Lease Year is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual basis, as described in detail in Schedule 1. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. LANDLOR'6'S INITIALS OAK #4849-6842-8818 v81 -B TENANT'S INITIALS _ Lease for Digital Billboard By and Between City of Rohnert Park and Kirk Veale dba B.P.O of California This lease ("Lease"), dated this 1St day of March, 2013 for identification purposes, is by and between the City of Rohnert Park ("City"), a California municipal corporation; and Kirk Veale, a sole proprietorship, dba B.P.O. of California ("Tenant"). City and Tenant may sometimes be referred to hereinafter individually as a "party" and collectively as the "parties." RECITALS A. City owns that certain parcel of land located in the City of Rohnert Park, County of Sonoma, State of California, consisting of approximately 4,109 square feet located between Commerce Boulevard and the freeway boundary for U.S. Highway 101 adjacent to State Farm Drive, as more particularly shown on Exhibit A attached hereto and incorporated herein by reference (the "Premises"). B. City owns and operates a digital freeway sign located on the Premises that needs to be retrofitted or replaced . The existing sign was first installed in 2003 and is rapidly becoming obsolete. C. Rohnert Park is considered the "Gateway to the Wine Country," and tourists and visitors drive through the community daily to reach popular wine destinations in Healdsburg and Sonoma, and along the Russian River. D. A new digital freeway sign utilizing modern technology will provide a significant marketing tool for City and Sonoma County. City desires to facilitate the replacement, operation, and maintenance of the existing digital freeway sign in order to take advantage of this economic development and marketing tool to increase awareness about the City of Rohnert Park and to provide promotional and advertising opportunities for local businesses. E. On July 9, 2012, City issued a Request for Proposal soliciting proposals for development of a new digital freeway sign along Highway 101. Three proposals were received and thoroughly reviewed by City. F. The Rohnert Park City Council has determined that it is in the best interests of City, and for the common benefit of the citizens residing in City, to enter into this Lease with Tenant for the financing, installation, operation and maintenance of a new digital freeway sign at the Premises. G. City desires to lease to Tenant, and Tenant desires to lease from City, the Premises, all as further set forth herein. OAK 44849-6842-8818 v8 I / AGREEMENT ARTICLE 1 — DEFINITIONS. For purposes of this Lease, unless a different meaning is clearly required, the following terms shall have the following meanings and be capitalized throughout this Lease: 1.1 "Base Rent" means the guaranteed monthly minimum amount tenant shall pay to City as consideration for the rights and benefits it enjoys under the Lease, as more particularly described in Schedule 1. 1.2 "Business Day" means any day City's main offices located at 130 Avram Avenue, Rohnert Park, California, are open to the public. 1.3 "Caltrans" means the California Department of Transportation. 1.4 "Caltrans Permits" means all permits and approvals, if any, that Tenant must obtain from Caltrans to install, operate, and maintain the Digital Billboard in accordance with this Lease. 1.5 "City Permits" means all building permits, conditional use permits, site plan review, architectural review, and other permits, entitlements, and agreements that City, acting in its governmental capacity, must issue or approve for Tenant to install, operate, and maintain the Digital Billboard in accordance with this Lease. 1.6 "Commencement Date" means the earlier of the date on which the Digital Billboard described herein becomes Operational (as described herein) or 120 days after both of the following have occurred: (i) City has finally approved the Plans (defined in Section 7.2), and (ii) Tenant has received all necessary governmental permits and approvals for the Digital Billboard, including the Caltrans Permits and City Permits (as described more fully in Article 7). 1.7 "Community Center Sign" shall mean the two-sided outdoor -advertising sign located at 5401 Snyder Lane in the City of Rohnert Park, County of Sonoma, State of California that Tenant will replace and operate in accordance with the criteria set forth in Exhibit C to this Lease. 1.8 "Digital Billboard" means the two-sided outdoor -advertising sign that Tenant will install and operate on the Premises in accordance with the criteria set forth in Exhibit B to this Lease. The Digital Billboard consists of a Message Center and a Sign Structure. 1.9 "Effective Date" means the date as of which both City and Tenant have signed this Lease, as indicated by the dates in the signature blocks below. OAK 44849-6842-8818 v82 1.10 "Existing Sign" means the digital Premises that Tenant will remove in Subsection 5.1.5 of this Lease. freeway sign currently located on the in accordance with the criteria set forth 1.11 "Gross Revenue" means all revenue Tenant derives from the Digital Billboard, less any commissions paid, at the industry standard commission rate of sixteen and sixth/tenths percent (16.6%). 1.12 "Hazardous Materials" means any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos - containing materials, hydrocarbons, polychlorinated biphenyl ("PCB") or PCB -containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof. 1.13 "Hazardous Materials Laws" means all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials. . 1.14 "Include" and its variants are not restrictive. For example, "includes" means "includes but not limited to," and "including" means "including but not limited to." 1.15 "Lease Year' means one of the consecutive 12 -month periods during the Term. The first Lease Year begins on the Commencement Date, and shall not include the Pre -Operations Phase of the Initial Term as more particularly described in Section 4.1.1. 1.16 "Message Center' means the portion of the Digital Billboard that consists of the two digital (LED) display areas used for general commercial advertising, with each of the two areas measuring 14 feet high and 48 feet wide. The Message Center is more particularly described in Exhibit B. 1.17 "Operational" means the Digital Billboard is capable, legally and functionally, of displaying advertising on the Message Center. 1.18 "Percentage Rent" means the sum representing the difference between the total Base Rent paid by Tenant for that Lease Year and a sum which is twenty percent (20%) of Gross Revenue for that same Lease Year which Tenant shall pay to City in addition to the Base Rent where the total Base OAK #4849-6842-8818 v83 Rent paid by Tenant for that Lease Year is less than twenty percent (20%) of the Gross Revenues for the same Lease Year, as more particularly described in Schedule 1. 1.19 "Premises" means City -owned real property described and depicted in Exhibit A. 1.20 "Rent" means the actual amount Tenant pays to City as consideration for the rights and benefits it enjoys under the Lease, and includes both "Base Rent" and "Percentage Rent," as more particularly described in Schedule 1. 1.21 "Sign Structure" means the portion of the Digital Billboard other than the Message Center, and it includes all ancillary equipment and utilities installed on the Premises. The Sign Structure is more particularly described in Exhibit B. 1.22 "Term" means the entire time this Lease is in effect. As specified in Article 4, it consists of the Initial Term, the Extended Term, and any period of holding over. ARTICLE 2 — REPRESENTATIONS AND WARRANTIES OF TENANT 2.1 Tenant Status Tenant is a sole proprietorship which has the power to own its properties and to carry on its business as now owned and operated and as required by this Lease. 2.2 Authority Tenant has the legal rights, power, and authority to enter into and perform its obligations under this Lease. The Person signing this Lease on behalf of Tenant has authority to do so and to bind Tenant to the terms set forth herein. 2.3 Lease Will Not Cause Breach To the best of Tenant's knowledge, after reasonable investigation, neither the execution or delivery of this Lease, nor the performance of this Lease by Tenant: (i) conflicts with, violates, or results in a breach of any applicable law; or (ii) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which Tenant is a party or by which Tenant or any of its properties or assets are bound, or constitutes a default thereunder. 2.4 No Litigation To the best of Tenant's knowledge, after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or OAK 114849-6842-8818 v84 governmental authority, commission, board, agency or instrumentality decided, pending or threatened against Tenant wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by Tenant of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Lease or which would have a material adverse effect on the financial condition of Tenant or any surety guaranteeing Tenant's performance under this Lease, which has not been waived by City in writing. 2.5 No Adverse Judicial Decisions To the best of Tenant's knowledge, after reasonable investigation, there is no judicial decision that affects the validity of this Lease and/or may subject this Lease to legal challenge. 2.6 Ability to Perform Tenant possesses the business, professional, and technical expertise to install, maintain, and operate the Digital Billboard and to remove and dispose of the Existing Sign on the Premises required to perform this Lease. 2.7 Qualifications and Identity of Tenant Material Tenant acknowledges and agrees that the qualifications and identity of Tenant, and its principals, are of particular concern to City and served as a material inducement to City to enter into this Lease with Tenant and further acknowledges and agrees that a change in ownership or control of Tenant or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or control of Tenant or the degree thereof, is for practical purposes a transfer or disposition of the property then owned by Tenant. Tenant recognizes that it is because of such qualifications and identity that City is entering into this Agreement with Tenant. Accordingly, except as expressly authorized and set forth herein, no voluntary or involuntary successor in interest of Tenant shall acquire any rights or powers under this Lease. ARTICLE 3 - LEASE OF PREMISES. City hereby leases and demises to Tenant, and Tenant hereby leases and hires from City, the Premises, as of the Effective Date, for the Term and upon the covenants, terms, and conditions set forth in this Lease. ARTICLE 4 — TERM. 4.1 Term The "Initial Term" of this Lease shall commence on the Effective Date and shall continue for a period of twenty (20) years from the Commencement Date. The Initial Term shall consist of two phases: OAK 94849-6842-8818 v85 4.1.1 The "Pre -Operations Phase," which shall begin on the Effective Date and end on the Commencement Date. 4.1.2 The "Operations Phase," which shall begin when the Pre -Operations Phase ends and shall expire one (1) day before the twentieth (20th) anniversary of the Commencement Date. 4.2 Extension of Term At the end of the Initial Term, City shall extend the Term of this Lease for an additional period of ten (10) years (the "Extended Term") in accordance with the provisions of this Section 4.2. Any reference to Term in this Lease shall include the Extended Term if Tenant has exercised its right to extend the Term and City has determined there is no event of default that prohibits the granting of such Extended Term as provided herein. Any extension of the Term must comply with all of the following: 4.2.1 No Event of Default. To exercise its right to the Extended Term, Tenant must be in good standing under the Lease. In no event shall City extend the Term if Tenant is in default under this Lease. 4.2.2 Request for Extension. Tenant shall request the Extended Term by giving written notice to City not sooner than twelve (12) months nor less than six (6) months prior to the expiration of the Initial Term. 4.2.3 Conditions for Extended Term. The Extended Term shall be upon all of the same terms and conditions of this Lease, as the same may be modified by City and Tenant from time to time, except that Base Rent shall be set in accordance with Section 2.5 in Schedule 1 to this Lease. 4.3 Expiration of Lease; Holding Over This Lease shall expire automatically at the end of the Initial Term unless extended in accordance with Section 4.2. If this Lease is extended, then it shall expire automatically at the end of the Extended Term. If Tenant shall hold over on the Premises after the expiration of the Term hereof with the consent of City, such holding over shall be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations contained in this Lease. Tenant hereby agrees to pay to City as monthly rental 1/12th of the amount which is one hundred fifty percent (150%) of the highest amount of total annual Rent paid by Tenant to City during the last year of the Term. ARTICLE 5 - CONSIDERATION. As consideration for the rights and benefits it enjoys under this Lease, including the use and occupancy of the Premises during the Term, Tenant shall do all of the following: OAK 114849-6842-8818 v86 5.1 Rent Each month during the Operations Phase, Tenant shall pay City the Base Rent set forth in Schedule 1 in accordance with the terms set forth in this Section 5.1. 5.1.1 Base Rent. Base Rent is due and payable in advance on the first day of each calendar month without notice, demand, offset or deduction. Tenant shall remit the Base Rent to City at the address designated in the Basic Information, or at such other address as City may designate from time to time in writing to Tenant for the payment of Rent. a. Late Charge. If Tenant fails to pay any installment of Base Rent within ten (10) calendar days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance. The late payment charge has been agreed upon by City and Tenant, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by Tenant, the actual costs thereof being extremely difficult—if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and Tenant shall promptly pay such charge to City together with any unpaid interest b. Default Interest. If any Base Rent is not paid within fifteen (15) calendar days following the due date, such unpaid amount shall bear interest from the due date until paid at the legal interest rate. However, interest shall not be payable on late charges incurred by Tenant, nor on any amounts on which late charges are paid by Tenant to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest shall not excuse or cure any default by Tenant. C. Application of Payments. All payments received by City from Tenant shall be applied to the oldest obligation owed by Tenant to City. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this Article 3 or have any force or effect. d. Proration for First Base Rental Payment. If the Operations Phase begins on a day other than the first day of a month, then the first month's installment of Base Rent will be prorated. 5.1.2 Percentage Rent. In addition to the Base Rent, Tenant shall annually pay City Percentage Rent as set forth in Schedule 1, in accordance with the terms of this 5.1.2. OAK #4849-6842-8818 v87 a. Annual Payment. Tenant shall pay to City the Percentage Rent annually on a date which is no later than forty-five (45) days after the end of each Lease Year. In the event Tenant fails to pay any annual installment of Percentage Rent when the same is due, the late charge and interest provisions of Section 5.1.1, subsections (a) and (b), above, shall apply to the payment of Percentage Rent. b. Annual Report. On or before the payment of each installment of Percentage Rent, Tenant shall furnish to City an annual statement of Gross Revenue within forty-five (45) days after the end of each Lease Year. The statement of Gross Revenue shall include a designation of gross advertising revenue for the Digital Billboard, as well as a designation for all permissible commissions paid in accordance with this Lease. Such statement shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by a duly authorized officer of Tenant. In addition, each annual statement shall be reviewed by an independent certified public accountant reasonably acceptable to City. Tenant shall keep and make available at its Santa Rosa office complete and accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing its Gross Revenue, including without limitation, accurate records of every sale and other transaction made for any advertising display on the Digital Billboard and any commissions paid by Tenant pursuant to this Lease. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of ten (10) years after the end of each Lease Year. The receipt by City of any statement, or any payment of Percentage Rent (as defined in Schedule 1) for any period, shall not bind City as to the correctness of the statement or payment. 5.1.3 Adjustment of Rent Schedules. Commencing in Lease Year Six (6) and annually thereafter, the Base Rent amounts set forth in Section 7 of the Basic Information shall be adjusted as set forth in Schedule 1. 5.1.4 Inspection and Audit. Tenant shall maintain and make available at its Santa Rosa office, for City's review and audit, all contracts, leases, invoices, and other records that are relevant to the accurate determination of Base Rent in accordance with Schedule 1. After the Base Rent for a five-year period has been determined in accordance with Schedule 1, Tenant shall retain the related records for at least ten (10) years. City, at its sole option, shall be entitled, at any time and from time to time during the Term, to inspect, examine, copy and audit Tenant's books, records and cash receipts as related to Gross Revenue. The purpose of such examination is to enable City to ascertain, clearly and accurately, Tenant's Gross Revenue and to verify that the form and method of Tenant's record keeping provide adequate and proper control and check of all such OAK #4849-6842-8818 v88 revenues. Tenant shall cooperate fully with City and City's agents in making the examination. City, at its option, shall also be entitled once during each Lease Year and once after the Expiration Date or other termination of this Lease, to cause an independent audit of such records to be performed by a certified public accountant designated by City. The audit shall be conducted during usual business hours at Tenant's Santa Rosa office. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then Tenant shall immediately upon notice pay the deficiency to City, together with interest thereon at the Default Rate, which interest shall accrue from the date on which such deficient amount would have been due until such deficiency is paid. City shall pay the costs of the audit unless the audit shows that Tenant understated Gross Revenue by more than two percent (2%) in which case Tenant shall pay all City's costs of the audit. Tenant's understatement of Gross Revenue for any Lease year by more than five percent (5%) due to Tenant's gross negligence or willful misconduct shall constitute an event of default as defined in this Lease. 5.2 Additional Consideration 5.2.1 Signing Bonus. Tenant shall pay City a one-time "Signing Bonus" of $50,000 within five (5) Business Days after the Effective Date. 5.2.2 Payment for Lost Revenue During Pre -Operation Phase. Commencing on the date that the Existing Sign on the Premises is removed by Tenant, or City's ceases to sell advertising on the Existing Sign to accommodate Tenant's removal of the Existing Sign, and ending on the Commencement Date, Tenant shall pay to City the sum of five thousand dollars ($5,000) per month, which sum shall be prorated on a daily basis based on a 30 - day month, for any period in which neither the Existing Sign or the Digital Billboard are in operation to offset the loss of advertising revenue during such period. 5.2.3 In Kind Revenue. At no cost to City, and as additional consideration for use and occupancy of the Premises during the Operations Phase, Tenant shall provide City the exclusive use of ten percent (10%) of the total advertising time for the Digital Billboard ("City Usage"). City Usage will be allocated by Tenant, in Tenant's reasonable discretion, on a fair and consistent basis with other advertisers during the operating hours of the Digital Billboard. City may use such advertising time to promote any purpose that City, in its sole discretion, determines best serve the needs of the City and its residents. Tenant expressly acknowledges and understands that its commitment to provide free advertising time to City in accordance with this Subsection 5.2.3 is a material provision of this Lease. 5.2.4 Removal of Existing Sign. At no cost to City, and as further consideration for use and occupancy of the Premises during the Operations Phase, OAK 14849-6842-8818 v89 F�- Tenant shall remove the existing digital freeway sign according to the schedule set forth in Schedule 2, subject to the following: a. Tenant shall obtain all necessary governmental permits and environmental clearances prior to starting any demolition of the Existing Sign. b. Tenant shall restore the Premises to a condition acceptable to City, including completing any necessary environmental cleanup mandated by any governmental agency with jurisdiction over the Premises. C. Tenant shall use its best efforts to remove and demolish the Existing Sign in a manner that permits the existing sign structure and components to be recycled as fully as possible. d. Tenant's commitment to remove the Existing Sign according to the schedule set forth in Schedule 2 and in compliance with the criteria set forth in this Section 5.2.4 is a material provision of this Lease. 5.2.5 Community Center Sign. At no cost to City, and as further consideration for use and occupancy of the Premises during the Operations Phase, Tenant, shall replace the Community Center Sign with a digital billboard sign in accordance with the criteria set forth in Exhibit C, subject to the following: a. No sooner than six (6) months and no later than one (1) year after the Commencement Date, Tenant shall (i) prepare design plans and apply for City's review and approval, and (ii) seek all necessary governmental permits, entitlements, and environmental clearances to replace the Community Center Sign. No later than one hundred twenty (120) days after receiving all such approvals, permits, entitlements, and clearances, Tenant shall replace the Community Center Sign with a digital billboard sign. b. Tenant shall hold at least one community meeting to solicit input from neighbors and other community members on the design for the Community Center Sign. Tenant shall incorporate said community input into the design plans for the Community Center Sign and shall submit the draft plans to the City Council for their review and approval prior to submitting formal entitlement applications to the Planning Commission. G. Prior to replacing the Community Center Sign, Tenant and City shall enter into an amendment to this Lease to provide for the lease of the site and for the installation, operation, and maintenance of the Community Center Sign in accordance with the terms set forth in Exhibit C. OAK 94849-6842-8818 v81 0 d. Tenant's commitment to replace the Community Center Sign in accordance with this Section 5.2.5 and the criteria set forth in Exhibit C is a material provision of this Lease. Notwithstanding the foregoing, City may unilaterally eliminate the requirement that Tenant replace the Community Center Sign at any time prior to the Tenant commencing construction of said sign as more fully described in Exhibit C. If City eliminates Tenant's obligation to replace the Community Center Sign in accordance with this subparagraph (d), neither party shall have any further claim against the other party by reason of such elimination, including any claim for compensation. ARTICLE 6 - USE OF PREMISES. 6.1 Condition of Premises City represents and warrants that it has no actual knowledge of any physical condition of the Premises that would substantially, materially, and adversely impact Tenant's construction and operation of the Digital Billboard. Other than such warranty, the Premises and all improvements thereon, including the Existing Sign, are being leased to Tenant in its current, existing, "AS IS" condition. Except as expressly set forth above, City makes no representations or warranties of any kind, express or implied, written or oral, about any of the following: the physical condition of the Premises; the suitability of the Premises for Tenant's anticipated use; any limitations on Tenant's use of the Premises, including limitations arising from zoning laws, environmental laws, or other laws, regulations, or governmental requirements; the costs of conducting Tenant's business on the Premises; or the condition of the soils or ground waters of the Premises. By taking possession of the Premises, Tenant accepts the Premises "AS IS" and acknowledges that the Premises are satisfactory for Tenant's purposes. Tenant has ascertained the condition of the Premises through its own independent investigation and has relied solely on that independent investigation when entering into this Lease. 6.2 Permitted Uses Except as otherwise provided in Section 7.12, Tenant has the exclusive right to display outdoor advertising on the Premises. City shall not authorize any other off-site outdoor advertising on the Premises. In addition, City shall not authorize any off-site outdoor advertising on any other City -owned or City -controlled property. Tenant's exclusive right to conduct outdoor advertising on the Premises includes the following: a. Installing, operating, maintaining, repairing, improving, repositioning (with City's consent), and removing the Digital Billboard on or from the Premises when this Lease terminates. b. All rights of ingress and egress over the Premises that Tenant needs to access the Digital Billboard. OAK 94849-6842-8818 v81 1 C. Subject to the criteria set forth in Exhibit B to this Lease, licensing the use of the Digital Billboard, or any portion it, for any lawful purpose related to outdoor advertising, except that Tenant may not install non -digital signs on the Digital Billboard without City's prior consent, which City may withhold or condition in its sole discretion. 6.3 Prohibited Uses 6.3.1 Hazardous Substances. Neither Tenant nor any of Tenant's representatives or agents shall use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Personal Property, the Premises, the Digital Billboard, any portion thereof, or any improvements thereon. Notwithstanding the foregoing, Tenant may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials in such limited amounts as are customarily used to install, operate, maintain, repair, improve, reposition, or remove the Digital Billboard in accordance with this Lease, provide City has consented in writing before the Hazardous Materials are brought on the Premises, and so long as Tenant is at all times in full compliance with all applicable environmental laws. Tenant shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged on or under the Digital Billboard, the Premises, any portion thereof, or any improvements thereon to be removed therefrom and transported for disposal in accordance with applicable Laws, including Hazardous Materials Laws. City shall have the right to enter the Premises, any portion thereof, or any improvements thereon from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Tenant's compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify City in writing of: (a) any release or discharge of any Hazardous Material; (b) any voluntary clean-up or removal action instituted or proposed by Tenant, (c) any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or (d) any claim made or threatened by any person against City, Tenant, the Digital Billboard, the Premises, any portion thereof, or any improvements thereon relating to Hazardous Materials or Hazardous Materials Laws. Tenant shall also supply to City as promptly as possible, and in any event within five (5) business days after Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Digital Billboard, the Premises, any portion thereof, or any improvements thereon or Tenant's use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event Tenant institutes a cleanup or removal action, Tenant shall provide copies of all work plans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner. Tenant shall indemnify and defend City any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or OAK 44849-6 842-8 8 1 8 v812 expenses (including attorneys' fees and expenses and consultant fees and expenses) caused or alleged to have been caused by the presence of Hazardous Materials in, on, under, about, or emanating from the Personal Property, the Digital Billboard, the Premises, any portion thereof, or any improvements thereon, in accordance with the provisions of Section 11.3 6.3.2 Unlawful Activities. Tenant shall not use or permit the Premises to be used in any way that violates this Lease or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). Tenant shall not maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Premises on or after the Effective Date. Tenant hereby waives any rights to compensation it may have if a court finds that the Digital Billboard constitutes a public or private nuisance under any valid and applicable federal, state, or local law and for that reason orders Tenant to remove or modify the Digital Billboard or to limit the operation of the Message Center. 6.3.3 Encumbrances. Tenant shall not encumber the Premises or any part of the Premises, for any purpose, without City's prior written consent, which City may withhold for any reason. Tenant shall keep the Premises free of all liens and other encumbrances other than those, if any, to which City consents. Notwithstanding the foregoing, Tenant may, without the consent of City, encumber the Digital Billboard or any part of the Digital Billboard in Tenant's sole discretion, including leasing of such Digital Billboard through a financing lease with a nationally recognized financing company. In the event of such encumbrance or financing lease, all rights under such encumbrance or financing lease shall be subordinate and subject to the rights and obligations of the parties under this Lease. 6.4 Unobstructed Use 6.4.1 City shall not allow either of the following (each, an "Obstruction"): a. On the Premises - any structure, tree, or vegetation that obstructs the view of the Message Center from U.S. Highway 101. b. On any City -owned or City -controlled real property in the immediate vicinity of the Premises - any structure, tree, or vegetation that is within 1,000 feet of the Digital Billboard and obstructs the view of the Message Center from U.S. Highway 101. 6.4.2 If Tenant notifies City in writing that an Obstruction exists, and if City authorized or actively caused the Obstruction, then City shall remove or remedy the Obstruction at its own cost within fifteen (15) days after receiving the notice. OAK 114849-6842-8818 v813 6.4.3 If Tenant notifies City in writing that an Obstruction exists, and if City did not authorize or actively cause the Obstruction, then City may remove or remedy the Obstruction at its own cost within fifteen (15) days after receiving the notice. If City does not remove or remedy the Obstruction within the fifteen (15) days, then, at no cost to City, and after coordinating with the appropriate department of City, Tenant may remove the Obstruction described in the notice. 6.4.4 Tenant's exercise of its rights under this Section 6.4 are in addition to any other remedies it may have under this Lease. ARTICLE 7 — INSTALLATION AND OPERATION OF DIGITAL BILLBOARD Tenant shall install and operate the Digital Billboard on the Premises in accordance with this Article 7 and consistent with Article 6, all at no cost to City. 7.1 Deposit of Costs Tenant shall bear all costs associated with permitting and entitling the Digital Billboard. Concurrently with the execution of this Lease, Tenant shall submit to City a cash deposit in the full amount of the estimated cost of the fees for processing the entitlement applications for the Digital Billboard, completing the required environmental review, and issuing the permits to construct the Digital Billboard (the "Deposit"). City shall deposit said funds in an interest-bearing account and such interest, when received by City, shall become part of the Deposit. City is authorized to use the Deposit to pay the following actual and reasonable out-of-pocket costs and expenses incurred in carrying out its obligations under this Agreement: all costs or fees paid incurred, either by City or third parties retained by City, for the purposes of (i) preparing, submitting and processing entitlements for the proposed Digital Billboard, including preparing a conditional use permit application , (ii) preparing and submitting environmental studies and any other necessary CEQA documentation and reports, and (iii) reviewing and approving the plans and specifications described in Section 7.2 and issuing building permits to authorize construction of the Digital Billboard (collectively, "City Expenses"). In the event that City determines that, in order to carry out its obligations under this Lease, the anticipated City Expenses will exceed the remaining balance of the Deposit by more than ten percent (10%), City may by ten (10) days written notice to Tenant require Tenant to replenish the Deposit to cover such anticipated additional City Expenses. Upon the completion of the entitlement process, City shall return the unexpended portion of the Deposit, if any, to Tenant. 7.2 Plans and Specifications At no cost to City, Tenant shall prepare complete plans and specifications for the Digital Billboard, working closely with City to develop plans and specifications that are mutually acceptable (the "Plans"). Tenant shall submit the Plans to City for final approval, which City shall not withhold unreasonably. The Digital Billboard shall be designed to comply OAK #4849-6842-8818 v814 with all applicable state, county, and City codes and regulations. At a minimum, the Plans shall comply with the criteria set forth in Exhibit B to this Lease. 7.3 Caltrans Permits Tenant shall be responsible for insuring that the Digital Billboard complies with all requirements of California's Outdoor Advertising Act and Regulations if Caltrans determines that the Premises fall within the scope of the Act. In addition, Tenant shall be responsible for obtaining any and all permits required from Caltrans to install the Digital Billboard on the Premises. As soon as practicable after the Effective Date, Tenant shall apply to Caltrans for all necessary Caltrans Permits, if any, and City shall cooperate with Tenant in that effort, all at no cost to City. At its discretion, Tenant may designate City as the permittee under the Caltrans Permits, but that designation will confer no legal rights on City to use, encumber, or transfer the Caltrans Permits except as may be necessary for the parties to benefit from the Digital Billboard during the Term. Upon termination of this Lease, if title to the Digital Billboard transfers to the City as provided in Section 7.6, Tenant shall relinquish any interest it may have in the Caltrans Permits and execute any documents needed to confirm that City is the sole owner of the Caltrans Permits. Alternatively, if City elects to have Tenant remove the Digital Billboard as provided in Section 7.13, then City shall relinquish any interest it may have in the Caltrans Permits and execute any documents needed to confirm that Tenant is the sole owner of the Caltrans Permits. During the Term, Tenant shall perform all obligations under the Caltrans Permits at no cost to City whether Tenant or City is designated as the permittee. Prior to the issuance of City Building Permits, Tenant shall submit evidence reasonably satisfactory to City that it has obtained all necessary permits from Caltrans. 7.4 City Permits Prior to starting construction, Tenant shall apply for a conditional use permit in accordance with Section 17.27.080 of the Rohnert Park Municipal Code ("RPMC"), site plan and architectural review in accordance with RPMC Section 17.25.030, and all necessary building and electrical permits for the Digital Billboard. City shall diligently process Tenant's applications for all City Permits. This Lease does not commit City in advance to approve City Permits; and this Lease does not constrain City's discretion, acting as a government, with respect to City Permits specifically or to the Digital Billboard generally, and nothing contained herein shall be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Digital Billboard. 7.5 Installation Tenant shall install the Digital Billboard in accordance with the proposed schedule set forth in Schedule 2 to this Lease. Tenant shall begin installing the Digital Billboard as soon as practicable after all permits and governmental approvals have been obtained and shall diligently pursue installation to completion without unnecessary interruption so that the Digital Billboard is Operational by the 120th day after such permits and OAK #4849-6842-8818 v815 governmental approvals have been obtained. Tenant will be excused, however, for any delays in beginning or completing installation that are caused by a Force Majeure Event, as defined in Section 13.5. Tenant shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay. 7.6 Ownership Tenant intends to lease the Digital Billboard under a financing lease from a nationally recognized financing company and thereafter acquire title pursuant to the terms of such financing lease. Upon the expiration or other termination of this Lease for any reason, if the Digital Billboard is then owned outright by Tenant, the Digital Billboard, and all other improvements on the Premises, shall, without compensation to Tenant, become City's property free and clear of all claims to or against them by Tenant or any third person. If, upon such expiration or other termination of this Lease, Tenant has not yet acquired title to the Digital Billboard, and title to or a security interest in such Digital Billboard is still held by such financing company, City's rights to the Digital Billboard shall be subordinate and subject to the rights of such financing company. In either event, if City, at its sole option, elects to have Tenant remove the Digital Billboard, Tenant shall remove the Digital Billboard upon the expiration or termination of the Term in accordance with Section 7.13. 7.7 Security Fencing/Bollards Before beginning installation of the Digital Billboard, Tenant shall enclose with a temporary security fence the portion of the Premises Tenant needs to install, operate, maintain, and repair the Digital Billboard. Tenant shall maintain the temporary security fence until Tenant replaces it with permanent bollards around the base of the Sign Structure to protect the Digital Billboard from damage. Tenant shall install and maintain the temporary fence and the permanent bollards at no cost to City and shall consult with City on the location and design of each. Tenant shall install the permanent bollards at the beginning of the Operations Phase and maintain those bollards until the end of the Term. 7.8 Maintenance At no cost to City, Tenant shall maintain the Premises and shall maintain, repair, and improve the Digital Billboard in accordance with the highest standards of the outdoor - advertising industry. Tenant's maintenance obligation under this Section 7.8 includes the obligation to remove promptly any graffiti from the Premises and the Digital Billboard. Tenant's obligation to improve the Digital Billboard under this Section 7.8 includes the obligation to replace the entire Message Center every ten (10) years. City is not obligated to maintain the Premises or to maintain or repair the Digital Billboard. If, however, Tenant does not maintain the Premises or the Digital Billboard in accordance with this Lease, then City may notify Tenant in accordance with Section 13.1 that City will perform the maintenance described in the notice if Tenant does not do so within ten (10) Business Days. If Tenant does not perform the needed maintenance within the ten OAK 114849-6842-8818 v816 (10) Business Days after the notice is given, then City may perform the maintenance described in the notice, and Tenant shall reimburse City's costs. 7.9 Insured Damage or Destruction 7.9.1 Restoration. This Lease will continue in full effect if the Digital Billboard is damaged or destroyed in whole or part by any cause covered by the fire - and -casualty insurance Tenant is required to maintain under Section 12.1(c). No loss or damage by fire or any other cause resulting in either partial or total destruction of the Digital Billboard, or any portion thereof, shall (except as otherwise provided in Section 7.10, below) operate to terminate this Lease or to relieve or discharge Tenant from the payment of any Rent, or other amounts payable hereunder, as and when they become due and payable, or from the performance and observance of any of the agreements, covenants and conditions herein contained to be performed and observed by Tenant. Tenant covenants to repair, reconstruct, and/or replace or cause to be repaired, reconstructed and/or replaced the Digital Billboard, or any portion thereof, including any Personal Property owned by Tenant and used or intended to be used in connection with the Premises, so damaged or destroyed. Tenant also covenants that all insurance proceeds will be applied to the repair, reconstruction and/or replacement described herein, subject to the following: a. Tenant shall repair or replace the Digital Billboard at no cost to City using the insurance proceeds Tenant receives or is entitled to receive under the fire -and -casualty policy. Tenant shall promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair or replace the Digital Billboard. Within thirty (30) days after obtaining the necessary permits and approvals, Tenant shall begin work to repair or replace the Digital Billboard. Tenant shall complete the work within 180 days after the work begins and shall pay any costs that exceed the available insurance proceeds. b. Tenant may elect not to repair or replace the Digital Billboard if: the cost to repair or replace it exceeds fifty percent (50%) of its fair -market value immediately before it is damaged or destroyed; and the damage or destruction occurs: 1) during the last two years of the Initial Term (if Tenant opts not to extend this Lease under Section 4.2); or 2) during the last two years of the Extended Term (if Tenant opts to extend this Lease under Section 4.2). OAK #4849-6842-8818 A 7 C. If Tenant elects, under this Section 7.9, not to repair or replace the Digital Billboard, then Tenant shall: i. notify City in writing of its election; ii. use the insurance proceeds Tenant receives for the damage or destruction to remove the Digital Billboard and restore the Premises in accordance with Section 7.13; and iii. pay to City half of the insurance proceeds that remain after Tenant has performed under the preceding subsection, and this Lease will terminate when those proceeds are so paid. Except as otherwise permitted by this Section 7.9.1, Tenant's failure to make such full repair, restoration and replacement under any conditions in which it was elected or required so to do shall constitute a default by Tenant under this Lease. 7.9.2 Procedures for Repair and Restoration. In the event of any damage or destruction, Tenant shall promptly give City written notice of such damage or destruction and the date on which such damage or destruction occurred. Tenant shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which Tenant may have against insurers or others based upon any such damage or destruction. Except as otherwise provided above, amounts received on account of any losses pursuant to insurance policies shall be used and expended for the purpose of fully repairing or reconstructing the portions of the Digital Billboard which has been destroyed or damaged. 7.10 Uninsured Damage or Destruction Notwithstanding the provisions of Section 7.9, if, during the Term, (i) the Digital Billboard is totally destroyed or rendered unusable from a risk not covered ninety percent (90%) by the insurance required to be carried by Tenant under this Lease, and (ii) the cost of restoration exceeds fifty percent (50%) of the replacement cost of the Digital Billboard immediately before the damage or destruction or twelve times the Base Rent in effect when the damage occurs, whichever is greater, then either City or Tenant may elect to terminate this Lease by giving notice to the other party within thirty (30) days after City's determination of the restoration cost and replacement value. 7.11 Utilities At no cost to City, Tenant shall provide and pay for all utility connections, utility equipment, and utility service required to install, operate, maintain, repair, improve, or reposition the Digital Billboard throughout the Term. Tenant shall coordinate with City and the applicable utility companies for utility tie-ins and electrical power sources that Tenant may need to operate the Digital Billboard. When purchasing electricity needed to operate the Digital Billboard, Tenant shall participate in the "Green Option" program OAK #4849-6842-8818 v81 8 offered by Pacific Gas & Electric ("PG&E"), so that 100% of the Digital Billboard's electrical needs come from renewable resources. If PG&E discontinues the Green Option program, then Tenant shall participate in any comparable program that PG&E then offers. 7.12 Advertising Rights During the Term, Tenant will have the exclusive right to enter into agreements for advertising on the Digital Billboard, subject to the following: 7.12.1 Operation of the Message Center. In operating the Message Center, Tenant shall conform to all valid and applicable laws and regulations, including laws and regulations pertaining to outdoor advertising, including the criteria and limitations set forth in Exhibit B. Unless otherwise legally obligated to do so, Tenant shall not display any message that in the judgment of the Rohnert Park City Manager or his or her designee: is false, misleading, or deceptive; ii. promotes the sale or use of tobacco products, or medical marijuana, whether directly or indirectly, provided that advertising for hydroponics shall not be deemed indirect promotion of marijuana; iii. promotes the sale of alcoholic beverages in a manner that violates the best standards of the outdoor advertising industry for the promotion of wineries or alcoholic beverages; iv. depicts violence or anti -social behavior or relates to illegal activity; V. contains "obscene matter," as that term is defined in California Penal Code section 311 on the Effective Date, or promotes adult entertainment; vi. promotes or opposes a candidate for public office or promotes or opposes a ballot measure; vii. holds a person or group of persons up to public ridicule, derision, or embarrassment, or defames a person or group of persons; or viii. contains language that is obscene, vulgar, profane, or scatological, or that presents a clear -and -present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. As used in this Section 7.12.1, "legally obligated" shall mean under a court order from a court with competent jurisdiction. OAK 94849-6842-8818 v819 7.12.2 Amber Alerts and Public -Service Messages. Tenant shall make the Message Center available to Caltrans for the purpose of displaying "Amber Alert" messages in accordance with the Amber Alert Guidelines established by Caltrans and the United States Department of Justice. In addition, Tenant shall make the Message Center available to Caltrans, to City, and to other government agencies, on a space -available basis and without cost, for the purpose of displaying public-service messages (e.g., reports of commute times, drunk -driving -awareness messages, reports of serious accidents, emergency -disaster communications). As used in this 7.12.2, "space -available basis" means any time when Tenant has not sold out the display time on the Message Board. Such use for public-service messages shall not count against the ten percent (10%) of the advertising time allocated to City pursuant to Section 5.2.3 and the criteria set forth in Exhibit B without the prior written consent of City. Alternatively, Tenant may include such public-service messages in the body of commercial advertising. 7.12.3 City Messages. During the Term, City shall have the exclusive right to ten percent (10%) of the total advertising time on the Digital Billboard, as provided in Section 5.2.3 and Exhibit B. 7.13 Removal of Digital Billboard If City, at its sole option, elects to have Tenant remove the Digital Billboard rather than transfer title pursuant to Section 7.6, within 120 days after the Term ends, whether the Term expires as scheduled or is terminated early for any reason, Tenant shall remove the Digital Billboard from the Premises and shall restore the Premises to their pre -lease condition, all at no cost to City. 7.14 Compliance with Law; Waiver of Compensation During the Term and while removing the Digital Billboard after the Term in accordance with Section 7.13, Tenant, at no cost to City, shall comply with all valid and applicable statutes, ordinances, regulations, rules, and orders that concern the Premises or the Digital Billboard and are enacted or issued by any federal, state, or local governmental entity with jurisdiction over the Premises or the Digital Billboard (including City) whether enacted or issued before, on, or after the Effective Date. ARTICLE 8 — EVENT OF DEFAULT; EARLY TERMINATION. 8.1 Defaults by Tenant Tenant shall be in default under this Lease upon occurrence of any of the following: 8.1.1 Tenant shall at any time be in default in the payment of Rent or any other monetary sum called for by this Lease for more than ten (10) days following written notice from City to Tenant; or OAK 94849-6842-8818 v820 8.1.2 Tenant shall at any time be in default in the keeping and performing of any of its other covenants or agreements herein contained, or any other provisions of this Lease, and such other default continues for thirty (30) days after written notice thereof from City to Tenant specifying the particulars of such default, or if such default is of a nature that curing such default will take more than thirty (30) days Tenant has failed to commence such cure within such thirty (30) day period and to thereafter diligently pursue completion of such cure; or 8.1.3 Except as otherwise authorized by this Lease, Tenant assigns, sells, transfers, conveys, encumbers, hypothecates or leases the whole or any part of the Digital Billboard, the Premises, any portion thereof, or any improvements thereon in violation of this Lease; or 8.1.4 Except as otherwise expressly permitted in this Lease, there is any change in control of Tenant, or any other act or transaction involving or resulting in a change in the identity of the parties in control of Tenant or the degree of such control. 8.2 City's Remedies For Default By Tenant Upon the occurrence of any such default, in addition to any and all other rights or remedies of City hereunder, or by Law or in equity provided, City shall have the sole option to exercise the following rights and remedies: 8.2.1 Without prejudice to its other remedies at law or in equity, City may terminate this Lease, at any time and in its sole discretion, effective 30 days after City gives Tenant written notice of termination. 8.2.2 City shall have the remedy described in California Civil Code section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations), as amended from time to time, and successor statutes thereto. 8.3 Damages Should City elect to terminate this Lease, City shall be entitled to recover from Tenant, as damages: 8.3.1 The worth at the time of the award of the unpaid Rent that had been earned at the time of termination of this Lease; 8.3.2 The worth at the time of the award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; OAK 94849-6842-8818 v821 ✓.,ter'''`°-'��` 8.3.3 The worth at the time of the award of the amount by which the unpaid Rent for the balance of the Term of this Lease after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; and 8.3.4 Any other amount (and court costs) necessary to compensate City for all detriment proximately caused by Tenant's default, including costs of alterations and improvements in connection with reletting. 8.4 Cumulative Each right and remedy of City provided for herein or now or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and shall not preclude City from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent shall be deemed an accord and satisfaction of full payment of Rent; and City may accept such payment without prejudice to City's right to recover the balance of such Rent or to pursue other remedies. ARTICLE 9 — TAXES Tenant is responsible for and shall pay or otherwise discharge, without abatement or deduction, all taxes levied on, or related to, Tenant's outdoor -advertising activities on the Premises. Tenant's obligation to pay taxes includes payment of the following: 9.1 Possessory Interest Taxes This Lease creates a possessory property interest in Tenant. Tenant acknowledges and agrees that Tenant's leasehold and/or other property interests may be subject to property taxation, and Tenant to the payment of property taxes levied on such interest. Such taxes are referred to herein as "Possessory Interest Taxes," and shall be paid by Tenant during the term of this Lease. 9.2 Sales Taxes The sale of advertising space on the Digital Billboard may be subject to sales or similar tax. Tenant acknowledges and agrees that such activities may subject Tenant to the payment of sales taxes levied on such interest, and Tenant agrees that all such sales taxes shall be paid by Tenant (or Tenant's customers) during the term of this Lease. 9.3 Personal Property Taxes Tenant shall pay before delinquency all taxes, assessments, license fees and other charges levied and assessed against Tenant or City with respect to any real -property tax allocated to the Digital Billboard and/or personal -property tax levied on Tenant's personal property on the Premises ("Personal Property Taxes") which may become payable during the Term or are attributable to Tenant's use or occupancy of the OAK 114849-6842-8818 v822 Premises. On demand by City, Tenant shall furnish City with satisfactory evidence of these payments. Notwithstanding the foregoing, Tenant shall have the right to contest the imposition or collection of any such Personal Property Taxes, which Tenant reasonably believes, was improperly assessed or calculated. 9.4 Other Taxes Excepting any Possessory Interest Taxes as set forth in section 9.1, Tenant shall pay before delinquency all taxes, impositions, general or special assessment, surcharge, fee, levy, penalty, bond, or similar charge is levied on any business conducted on the Premises or any portion thereof) general and special taxes including gross receipts tax, excise tax levied by any Taxing Authority (defined below) including with respect to City's receipt of Rent or ownership, management or operation of the Premises, or any improvements, any portion thereof, or any improvements thereon by any authority having the power to tax, including any federal, state or county government or any political subdivision thereof ("Taxing Authority"). In the event any Personal Property Taxes, and other Taxes, as described in this Article 9 or any other costs to be borne by or due from Tenant are not assessed or charged against the Premises separately from other City -owned property, City shall reasonably allocate such on a pro -rata basis. 9.5 Tenant's Tax Liability Prorated Tenant's liability to pay any Taxes and new assessments shall be prorated on the basis of a 365 -day year to account for any fractional portion of a fiscal tax year included in the Term at its inception and expiration or other termination in accordance with this Lease. ARTICLE 10 — EMINENT DOMAIN 10.1 Definitions For the purposes of this Article 10, the following definitions shall apply: a. "Condemning Entity" means any entity that by law may exercise the power of eminent domain to acquire possession of, and title to, any of the following: the Digital Billboard, the entire Premises, or an Essential Part of the Premises. b. "Essential Part of the Premises" means any portion of the Premises that is reasonably necessary for installing, operating, maintaining, repairing, or improving the Digital Billboard in accordance with this Lease. 10.2 Termination Events This Lease will terminate if a Condemning Entity acquires the Digital Billboard, the entire Premises, or an Essential Part of the Premises: a. by using the power of eminent domain; or OAK 94849-6842-8818 v823 b. through negotiations under the threat of using the power of eminent domain. 10.3 Termination Date; Rent Refund; Caltrans Permits Termination under this Article 10 will occur on the date the Condemning Entity obtains possession of, or title to, the Digital Billboard, the entire Premises, or the Essential Part of the Premises, whichever occurs first. Within 15 Business Days after the termination date, City shall: a. refund to Tenant any pre -paid Base Rent for the unexpired portion of the Term; and b. relinquish any interest it may have in the Caltrans Permits and execute any documents needed to confirm that Tenant is the sole owner of the Caltrans Permits. 10.4 Compensation If termination occurs under this Article 10, then Tenant and City may each independently seek to recover from the Condemning Entity all compensation and other remedies provided by law for the interests taken from them. But City may not seek or recover compensation for Tenant's lost interests, and Tenant may not seek or recover compensation for City's lost interests. Without limiting the preceding, Tenant may seek to recover some or all of the following from the Condemning Entity: a. compensation for its lost advertising income, for the value of the Digital Billboard, for lost goodwill, and for its interest in this Lease; and b. financial assistance for relocating the Digital Billboard. ARTICLE 11 — INDEMNIFICATION 11.1 Definitions For the purposes of this Article 11, the following definitions shall apply: 11.1.1 "Person" is to be interpreted broadly and includes Tenant and Tenant's directors, officers, employees, contractors, and agents; and City and City's elected officials, officers, employees, contractors, and agents. 11.1.2 "Liabilities" means all liabilities, claims, demands, damages, and costs (including reasonable attorneys' fees and litigation costs through final resolution on appeal) that arise directly or indirectly from Tenant's possession or use of the Premises. OAK #4849-6842-8818 v824 11.1.3 "Occurrence" means (A) the death of, or injury to, any Person; and (B) damage to, or destruction of, any real property, personal property (including intellectual property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Premises). 11.1.4 "Secured Area" means the portion of the Premises enclosed by the permanent security fence that Tenant erects around the Digital Billboard in accordance with Section 6(f). 11.2 General Indemnity Except to the extent claims are caused by City's sole negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, representatives, tenants and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) any Tenant default under this Lease (including in the performance or non-performance of any obligation on Tenant's part to be performed under the terms of this Lease); (b) Tenant's performance of the installation of the Digital Billboard (including design, development, and construction); (c) Tenant's or Tenant's representatives or agents use of the Premises, the Digital Billboard, any portion thereof, or any improvements thereon, the conduct of Tenant's business or any activity, work or thing done, permitted or suffered by Tenant or its representatives or agents in or about the Premises or any portion thereof, or any improvements thereon, except that with regard to the presence of Hazardous Materials, the Premises or any improvements thereon, Tenant shall not be responsible for conditions that may have existed prior to the Effective Date; (d) any act, error or omission of Tenant or its representatives or agents in or about the Premises, any portion thereof, or any improvements thereon; (e) loss of, injury or damage to, or description of property (including merchandise or inventory), including loss of use resulting from such loss, injury, damage, or destruction; or (f) any resulting economic loss, consequential damages, or exemplary damages (collectively, "Indemnification"). Tenant shall provide such Indemnification by and through counsel selected by City. Without limiting the foregoing, Tenant's obligation under this Section 11.2 includes Liabilities arising from any of the following: a. Any Occurrence on the Premises and outside the Secured Area, but only to the extent caused by Tenant's acts or omissions. b. Any Occurrence inside the Secured Area. C. Any Occurrence that is in any way connected with any of Tenant's personal property on the Premises. OAK 94849-6842-8818 v825 d. Any Occurrence caused or allegedly caused by (A) any condition of the Premises created by Tenant or by any Person on the Premises with Tenant's permission; or (B) some act or omission on the Premises by Tenant or by any Person on the Premises with Tenant's permission. e. Any Occurrence caused by, or related in any way to, work or activities performed on the Premises or materials furnished to the Premises at the request of Tenant or any person or entity acting for Tenant or with Tenant's permission. Any Occurrence that is caused by, or related in any way to, a verbal or nonverbal display on the Message Center. g. Tenant's failure to perform any provision of this Lease, to comply with any requirement of law applicable to Tenant, or to fulfill any requirement imposed by any governmental entity (including City when acting as a government) on Tenant or on Tenant's use of the Premises. h. Any claim that Tenant's policies with respect to the allocation of advertising time violate any person's or persons' First Amendment rights. 11.3 Hazardous Materials Except to the extent caused by City's sole negligence or willful misconduct or except with regard to the presence of Hazardous Materials on the Premises prior to the Effective Date, Tenant shall indemnify, defend and hold City harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys' fees and expenses and consultant fees and expenses) caused or alleged to have been caused by the presence of Hazardous Materials in, on, under, about, or emanating from the Digital Billboard, the Premises, any portion thereof, or any improvements thereon, including any bodily injury, death, property damage, natural resource damage, decrease in value of the Premises, any portion thereof, or any improvements thereon, caused or alleged to have been caused by Tenant's use, storage, handling, treatment, generation, presence, discharge or release of Hazardous Materials in violation of Tenant's obligations under this Lease, whether such claims, causes of action or liabilities are first asserted during the Term or thereafter, and including claims made against City with respect to bodily injury, death or property damage sustained by third parties caused or alleged to have been caused by Tenant or Tenant's Parties' use, storage, handling, treatment, generation, presence, discharge or release of Hazardous Materials. 11.4 Legal Challenges Tenant shall indemnify, defend (with attorneys selected by City), protect, and hold harmless City and City's elected officials, officers, and employees in any litigation OAK 114849-6842-8818 v826 brought to challenge the award or validity of this Lease, the validity of City Permits or the Caltrans Permits, or the validity of City ordinances that authorize the installation and operation of the Digital Billboard on the Premises. Tenant's obligation to indemnify under this Section 11.4 includes liability for attorneys' fees awarded to a party who successfully challenges the validity of this Lease, of City Permits or the Caltrans Permits, or of any authorizing ordinance. 11.5 Not a Construction Contract This Lease is not intended nor shall it be construed to be a construction contract. To the extent this Lease is construed by a court of law to be a construction contract, all indemnity obligations construed to be related to construction contracts shall be read as if including the carve out "except to the extent claims are caused by the sole or active negligence or willful misconduct of the indemnified party." 11.6 Exemption of City from Liability Tenant, as a material part of the consideration to City, hereby assumes all risk of damage to property (including the Personal Property, the Digital Billboard, the Premises, any portion thereof and any improvements thereon), and injury to or death of persons in, upon or about Personal Property, the Digital Billboard, the Premises, any portion thereof, or any improvements thereon, arising from any cause, and Tenant hereby waives all claims in respect thereof against City, except to the extent such claims are caused by City's sole negligence or willful misconduct. Tenant hereby agrees that City shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the Personal Property, or injury to or death of Tenant, its representatives, or agents, or any other person in or about the Premises, any portion thereof, or any improvements thereon, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Personal Property, the Digital Billboard, the Premises, any portion thereof, or any improvements thereon or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by City's sole negligence or willful misconduct. City shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Personal Property, the Digital Billboard, the Premises, any portion thereof, or any improvements thereon, or Landlord's failure to enforce the terms of any agreements with parties other than Tenant. 11.7 Survival Tenant's obligations under this Article 11 shall survive expiration or termination of this Lease. OAK 114849-6842-8818 v827 ARTICLE 12 — INSURANCE 12.1 Types of Policies During the Term and during Tenant's removal of the Digital Billboard in accordance with 7.13, at no cost to City, Tenant shall procure and maintain the following forms and amounts of insurance covering Tenant's possession and use of the Premises. Such insurance shall be primary to and not contributing with any other insurance, self- insurance or joint self-insurance maintained by City, and shall name the City as an additional insured. a. Commercial General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate, providing coverage for, among other things, blanket contractual liability (including Tenant's indemnification obligations under this Lease), premises liability, products and completed operations liability, owner's protective coverage, broad form property damage, and bodily injury (including wrongful death) and advertising injury coverage. If necessary, Tenant shall provide for restoration of the aggregate limit. b. Workers' Compensation and Employer's Liability Insurance. Workers' compensation insurance, if required by Law, which complies with all applicable state statutes and regulatory requirements, and employer's liability insurance coverage in statutory amounts. C. Premises Insurance. "All risk" property insurance including fire and extended coverage, sprinkler leakage, vandalism and malicious mischief coverage, insures the Digital Billboard for its full replacement value against damage or destruction by fire or by any of the perils commonly covered under the standard extended - coverage endorsement to fire -insurance policies issued on real property in Rohnert Park. In addition, during installation of the Digital Billboard, the policy must include coverage for course of construction, vandalism, and malicious mischief and must insure the Digital Billboard and all materials delivered to the Premises for their full insurable value. All insurance proceeds that become payable under this policy while this Lease is in effect will be paid to Tenant in trust and applied by Tenant to the cost of repairing and restoring the Digital Billboard as required by, and except as otherwise provided in, Section 7.9. d. Other Insurance. Any other form or forms of insurance as City may reasonably require from time to time, in form, amounts and for OAK 114849-6842-8818 v828 insurance risks against which a prudent tenant would protect itself, but only to the extent such risks and amounts are available in the insurance market at commercially reasonable costs. 12.2 Insurer Qualifications Tenant's Insurance shall be written by companies licensed to do business in California and having a "General Policyholders Rating" of at least A VII (or such higher rating as may be required by a lender having a lien on the Leasehold Interest) as set forth in the most current issue of "Best's Insurance Guide." 12.3 Certificates of Insurance Tenant shall deliver to City certificates of insurance for Tenant's Insurance, in the form of the ACORD standard certificate of insurance, prior to the Commencement Date. Tenant shall, at least thirty (30) days prior to expiration of the policy, furnish City with certificates of renewal or "binders" thereof. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days' prior written notice to the parties named as additional insureds as required in this Lease. If Tenant fails to maintain any insurance required in this Lease, Tenant shall be liable for all losses and costs resulting from said failure. 12.4 Notice Each of the policies must obligate the insurer to give City at least 30 days' advance written notice before the policy is cancelled or materially changed. 12.5 Other Requirements The general -liability and automobile -liability policies must each: a. name City and City's elected officials, officers, employees, and agents as additional insureds-, b. provide that Tenant's insurance coverage is primary insurance with respect to City and City's elected officials, officers, employees, and agents to the extent they are additional insureds; C. any umbrella liability policy or excess liability policy shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of Tenant's Insurance shall not limit Tenant's liability under this Lease; d. provide that Tenant's insurance applies separately to each insured against whom a claim is made or a suit brought, except with respect to the applicable policy limits; OAK 94849-6842-8818 v829 e. provide that City's insurance and self-insurance are in excess of Tenant's insurance and will not contribute with it; waive any right to recover against City for claims for damages to Tenant's Personal Property to the extent covered (or required by this Lease to be covered) by Tenant's Insurance. This provision is intended to waive fully, and for the benefit of City, any rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverage obtained by Tenant pursuant to this Lease shall include a waiver of subrogation endorsement attached to the certificate of insurance. 12.6 Notification of Incidents Tenant shall notify City within twenty-four (24) hours after the occurrence of any accident or incident on or about the Digital Billboard, the Premises, any portion thereof, or any improvements thereon which could give rise to a claim against City, City's Insurance, Tenant, or Tenant's Insurance, except that Tenant shall not be obligated to give City notice of any accident or incident which could give rise to a claim under Tenant's workers' compensation insurance. Tenant's notice shall be accompanied by a copy of any report(s) relating to the accident or incident. 12.7 No Limit on Indemnification Nothing in this Article 12 limits Tenant's obligations under Article 11. ARTICLE 13 — MISCELLANEOUS 13.1 Notices Any notice or other communication to be given under this Lease shall be in writing and shall be considered properly given and effective only when addressed to the persons identified below and (i) mailed postage prepaid by certified or registered mail, return receipt requested, or (ii) delivered by personal or courier delivery, or (iii) sent by facsimile (immediately followed by one of the preceding methods). Notices or communications shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing. A party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this Section 13.1. If to City: City Manager City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 OAK 94849-6842-8818 v830 If to Tenant: Kirk Veale, dba B.P.O. of California 2800 Cleveland Avenue #A2 P.O. Box 1496 Santa Rosa, California 95402 Facsimile: (707) 792-1876 Attention: Kirk Veale Facsimile: (707) 575-4540 13.2 Assignments and Subleases Except as set forth herein, neither party may sublet, assign or otherwise transfer this Lease or any interest herein, either voluntarily or by operation of law, without the other party's prior written consent, which the other party shall not unreasonably withhold, condition, or delay. Notwithstanding the above, the consent of City shall not be required (a) for Tenant to assign his rights and duties under this Lease to any type of legal entity, including but not limited to a limited liability company, corporation, or limited partnership, in which Tenant has a controlling ownership interest; or (b) in the event any such entity to which this Lease has been so assigned thereafter merges with another company, reorganizes its stock, or undergoes a similar corporate restructuring, changes ownership or sells any of its assets or stock. In addition, the consent of City shall not be required if Tenant's interest in this Lease is distributed on Tenant's death to an heir, successor or assign via a trust distribution, will, order of the court or other transfer. Notwithstanding the foregoing, if Tenant assigns his rights and duties under this lease to any immediate family member or to any intervivos trust of which Tenant is either a trustee or beneficiary, Tenant shall first obtain City's consent to the transfer, which consent shall not be unreasonably withheld. An assignment, transfer, or sublease made contrary to this Section 13.2 shall be null and void and of no effect whatsoever. 13.3 Successors and Assigns Subject to the restrictions set forth herein, each of the terms, covenants and conditions of this Lease shall extend to and be binding on and shall inure to the benefit of not only City and Tenant, but to each of their respective heirs, administrators, executors, successors and assigns. Whenever in this Lease reference is made to either City or Tenant, the reference shall be deemed to include, wherever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed. 13.4 City's Right to Enter and Inspect the Premises City and its authorized representatives shall have the right to enter upon and inspect the Premises at any time to determine Tenant's compliance with this Lease. 13.5 Force Majeure 13.5.1 "Force Majeure Event" means a cause of delay that is not the fault of the party who is required to perform under this Lease and is beyond that party's reasonable control, including the elements (including floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war -defense conditions, acts of any public enemy, epidemics, the actions or inactions OAK 114849-6842-8818 X831 of any governmental entity (excluding City) or that entity's agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages. 13.5.2 Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either City or Tenant is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. An extension of time for any such Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Lease may also be extended in writing by the mutual agreement of City and Tenant. 13.5.3 This Section 13.5 does not excuse (A) Tenant's obligation to pay Rent when due and payable; or (B) either party's obligation to perform an act when performance is rendered difficult or impossible solely because of that party's financial condition. Tenant expressly agrees that adverse changes in economic conditions, either of Tenant specifically or the economy generally, changes in market conditions or demand, and/or Tenant's inability to sell advertising time on the Digital Billboard or other lack of funding, or to complete the installation of the Digital Billboard shall not constitute grounds of enforced delay pursuant to this Section 13.5. Tenant expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Commencement Date 13.6 Waiver of Breach A party's failure to insist on strict performance of this Lease or to exercise any right or remedy upon the other party's breach of this Lease will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any provision in this Lease will not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving party. 13.7 Relationship of the Parties This Lease does not create any relationship or association between City and Tenant other than that of landlord and tenant, and it is expressly understood and agreed that City does not in any way nor for any purpose become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant's business or otherwise; nor does this Lease create between City and Tenant the relationship of principal and agent. OAK #4849-6842-8818 v832 13.8 Attorney's Fees In the event that any action is brought by either party hereto as against the other party hereto for the enforcement or declaration of any right or remedy in or under this Lease or for the breach of any covenant or condition of this Lease, the prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court therein including, but not limited to, attorneys' fees. 13.9 Severability If any term, provision, condition or covenant of this Lease or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Lease, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by Law. 13.10 Memorandum of Lease Either City or Tenant may record with the Sonoma County Recorder's Office, using a form reasonably satisfactory to City, a memorandum summarizing this Lease. 13.11 Further Assurances Each party shall execute all additional documents or instruments and take all necessary action that either party reasonably considers necessary to carry out the proper purposes of this Lease. 13.12 Estoppel Certificates Either Party hereto shall, from time to time during the Term upon not less than twenty (20) days' prior written notice from the other Party, execute, acknowledge and deliver to the other Party, or such persons or entities designated by such other Party, a statement in writing certifying: (a) the Commencement Date and Expiration Date of this Lease, (b) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications), (c) that there are no defaults under this Lease (or if so, specifying the same), (d) the dates, if any, to which the Base Rent has been paid, and (e) any other information that may be reasonably required by any such persons or entities. Any such certificate delivered pursuant to the provisions hereof may be relied upon by the other Party or any prospective purchaser or Encumbrancer of its estate. The City Manager shall be authorized to execute, acknowledge and deliver any such certificate on behalf of City. 13.13 Time of Essence Time is expressly made of the essence with respect to the performance by the parties of each and every obligation and condition of this Lease. OAK 84849-6842-8818 v833 13.14 Interpretation This Lease is to be interpreted and applied in accordance with California law without regard to conflict -of -laws principles, except that the rule of interpretation in California Civil Code section 1654 will not apply. Schedules 1 and 2 and Exhibits A, B, and C are expressly incorporated into and form a part of this Lease. The titles to the articles and sections of this Lease are for convenience only; they do not form a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Lease shall be interpreted as though prepared jointly by both parties 13.16 Integration and Modification This Lease, including all recitals of exhibits and attachments to each of the foregoing, constitute the entire agreement between the parties and there are no conditions, representations or agreements regarding the matters covered by this Lease which are not expressed herein. It supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by another written agreement signed by both parties. City and Tenant agree to mutually consider reasonable requests for amendments to this Lease that may be made by either of them, provided such requests are consistent with this Lease and would not materially alter the basic business terms included herein. No amendment hereto shall be effective unless in writing and signed by both parties hereto. 13.16 Quiet Possession So long as Tenant is not in default under this Lease and is paying the Rent and performing all of the covenants and conditions of this Lease, Tenant shall quietly have, hold and enjoy the Premises during the Term without interruption or disturbance from City or any other persons claiming by, through or under City. 13.17 Surrender Upon the expiration or other termination of the Term of this Lease, and notwithstanding anything herein contained to the contrary, Tenant shall surrender to Premises, all portions thereof, and all improvements thereon, in good condition and repair, reasonable wear and tear excepted, and free from the Digital Billboard in accordance with the provisions of Section 7.13. 13.18 Legal Advice Each party represents and warrants to the other the following: they have carefully read this Lease, and in signing this Lease, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Lease, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Lease; and, they have freely OAK 114849-6842-8818 v834 r- signed this Lease without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Lease, and without duress or coercion, whether economic or otherwise. 13.19 Nonliability No member, official or employee of City shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Tenant or its successors, or on any obligations under the terms of this Lease. Tenant hereby waives and releases any claim it may have against the members, officials or employees of City with respect to any default or breach by City or for any amount which may become due to Tenant or its successors, or on any obligations under the terms of this Lease. 13.20 Applicable Law; Venue The laws of the State of California, without regard to conflict of Laws principles, shall govern the interpretation and enforcement of this Lease. Any action to enforce or interpret this Lease shall be filed in the Superior Court for Sonoma County, California. 13.21 Covenants and Conditions Each obligation of the parties hereunder, including, without limitation, Tenant's obligations for the payment of Rent and the replacement of the Community Center Sign, shall be construed to be both a covenant and a condition of this Lease. Notwithstanding the foregoing, if City eliminates Tenant's obligation to replace the Community Center Sign in accordance with the provisions of Subsection 5.2.5(d) of this Lease, Tenant shall have no continuing obligation with respect to the replacement of the Community Center Sign. 13.22 Commission Each party represents to the other that it has not been represented by any broker in connection with this Lease, and that no real estate broker's commission, finder's fee or other compensation (individually and collectively, "Commission") is due or payable. Each party agrees to indemnify and hold the other harmless from any claims or liability, including reasonable attorneys' fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of the other party. 13.23 Counterparts The parties hereto agree that this Lease may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this Lease, duplicate OAK 94849-6842-8818 v835 unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date. LANDLORD: CITY OF ROHNERT PARK, a California Municipal corporation By: Name- Gabriel A. Gonzalez Its: City Manager fL_ sa X-) 13 - 6I cD ATTEST: A A 2 /IoAnne Currie, City Clerk APPROVED AS TO FORM: A Michelle Marchetta Kenyon, City Attorney INA,111110 TENANT: KIRK VEALE, a sole proprietorship, dba B.P.O. of CALIFORNIA By: Name: Its: APPROVED AS TO FORM: Its: OAK 1#4849-6842-8818 v836 EXHIBIT A LEGAL DESCRIPTION AND PREMISES 10 oil .1 MIN BRF ENGINEERS SURVEYORS' PLANNERS EXHIBIT `A' Legal Doscription Rillboard Lease Parcel All that real property situated in the City of Rohnert Park, lying within the County of Sonoma, State of California and being a portion of the lands of the City of Rohnert, lying within Commerce Boulevard, and being more particularly described as follows: Cornmencing at an existing City Monument for.rnd within the right of way of said Commerce Boulevard, as designated and delineated on Rohnert Park Parcel Map No. 89, filed for record December 29, 1983 in Book 353 of Maps at Pages 24-25, Sonoma County Records, said monument lies at the northerly terminus of the course recited as "(NI'46'09"W 1033.48')" on said Parcel Map; thOnce from said Point of Commencement, North 05`22'00" West, for a distance of 377.44 feet to the Point of Beginning of the parcel to be herein described; thence, from said POINT OF BEGINNING, North 06'24'21" East, for a distance of 22.19 feet; thence, North 05"39'55" East, for a distance of 26.07 feet; thence, North 14°34'03" West, for a distance of 43.68 feet; thence, North 07"30'17" West, for a distance of 41.65 feet; thence. North 86'49'40" West, for a distance of 25.89 feet to the easterly right of way of State Highway 101: thence, along said easterly right of way, South 00°08`34" West, for a distance of 102.16 feet; thence, South 50°04'13" East, for a distance of 47.8B feet to the Point of Beginning of the hereinabove described parcel of land, Containing 4.109 square Leet (0.09 acres), more or less. Basis of Bearings: Rohnert Park Parcel Map No. 89, filed for record Docomber 29, 1983 in Book 353 of Maps at Pages 24-25, Sonoma County Records I-Imparod by u , BKF ENGINEERS 4 0 c:> Dated: Rafph H. Thom ice, PLS. 1 4760 K 11-1,1131 ;` n 1n . _i .ey�.K z l ah �ra9J I r,cscr.�i n.3rlk'q(C Lease Description rine A-1 OAK 94842-5749-9923 v8 EXHIBIT A EXHIBIT V N86'49'40 "W 25.89 1 7' Q 4160 < UJI -i IN O U.1 0 r n < m to < A w 0 c) (n < w A LA O cq co z POINT OF- AGS BEGINNING J;'> POINT OF L4COMMENCEMENI (A at 20 40' ©i 1 2 (Y Z�j f.7 b' I BPO OF CALIFORNIA -—- -- :525 IESCONI CIRC E 'R)OWE'RT 7FA�R1311 -LBOARD LEASE PARCEL SANNA ROSA, CA 95401 D pii: 707-593-8500 Job No. 2.01,39008 FAX: 707-583 8539 By CAG.-_- Onte MAR2013 ENGlNLE!RS;'LJllVLy,)ASt PLANNERS SI-JFE I --j OF A-2 OAK 44842-5749-9923 v8 EXHIBIT A 14 EXHIBIT B CRITERIA FOR DESIGN, INSTALLATION, AND OPERATION OF DIGITAL BILLBOARD The design, installation, operation, and maintenance of the Digital Billboard shall comply with all applicable state, county, and City codes and regulations and, at a minimum, shall conform to the criteria, terms, conditions, and restrictions set forth in the Lease and this Exhibit B. 1. Definitions Unless otherwise indicated, all capitalized terms set forth in this Exhibit B shall have the meanings ascribed thereto in the Lease to which this Exhibit B is attached and forms a material part. 2. Location The Digital Billboard shall be located on the City -owned Premises, as described more particularly in the Lease. The Premises are generally located on the eastside of U.S. Highway 101 between Rohnert Park Expressway and the Wilfred Overpass/Golf Course Drive Interchange. The Premises contain approximately 4,109 square feet of land situated between Commerce Boulevard and the freeway boundary adjacent to State Farm Drive, as shown on site map included in Exhibit A to the Lease. 3. Entitlement Process/Environmental Review Standards 3.1 Tenant's Responsibilities At no cost to City, Tenant shall: (i) prepare complete plans and specifications for the Digital Billboard in accordance with Section 7.2 of the Lease and the criteria set forth in Paragraph 3.2 of this Exhibit B for review and approval by City; and (ii) obtain all entitlements, environmental clearances, and permits necessary to remove the Existing Sign and install the Digital Billboard, including the City Permits described in Paragraph 3.2 below and any Caltrans Permits; and (iii) remove and dispose of the Existing Sign as provided in Section 5.2.4 of the Lease, and B-1 OAK #4842-5749-9923 v8 EXHIBIT B (iv) install the Digital Billboard specifications approved by described in Paragraph 3.2, 3.2 Zoning and Permit Requirements in accordance with the plans and City and entitled through the process below. 3.2.1 City Permits Required. Prior to constructing the Digital Billboard, Tenant shall apply for and obtain the following approvals from City acting in its regulatory capacity: (i) a conditional use permit in accordance with Section 17.27.080 of the Rohnert Park Municipal Code ("RPMC"); (ii) site plan and architectural review in accordance with Section 17.25.030 of the RPMC; and (iii) all necessary building and electrical permits. 3.2.2 Governmental Discretion Retained. City shall diligently process Tenant's applications for all City Permits. Notwithstanding this requirement, the Lease does not commit City in advance to approve City Permits; and the Lease does not constrain City's discretion, acting as a government, with respect to City Permits specifically or to the Digital Billboard generally. Nothing contained in the Lease or this Exhibit B shall be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Digital Billboard. In the event that City fails to approve City Permits, this Lease shall be of no further force and effect. 3.2.3 Environmental Review. Both the removal of the Existing Sign and the installation and operation of the Digital Billboard pursuant to the Lease constitute a project under the California Environmental Quality Act (CEQA) and compliance with CEQA will be required. City staff shall prepare an Initial Study and shall determine the level of environmental review required. 3.2.4 Costs; Deposit. Tenant shall be responsible for all costs associated with the review and compliance described in this Section 3, including noticing costs, filing fees, staff costs and consultant fees (collectively, the "City Permitting Costs"). City staff shall provide Tenant with an estimate of the projected City Permitting Costs. Concurrently with the execution of the Lease, Tenant shall submit to City a cash deposit in the full amount of the estimated City Permitting Costs as provided in Section 7.1 of the Lease. B-2 OAK #4842-5749-9923 v8 EXHIBIT B 3.3 Compliance with Other Regulatory Requirements. In accordance with Section 7.3 of the Lease, Tenant shall be responsible for insuring that the Digital Billboard complies with all requirements of California's Outdoor Advertising Act and Regulations if Caltrans determines that the Premises fall within the scope of the Act. In addition, Tenant shall be responsible for obtaining any and all permits required from Caltrans to install the Digital Billboard on the Premises. Prior to the City's issuance of building permits for the Digital Billboard, Tenant shall submit evidence reasonably satisfactory to City that it has obtained all necessary approvals and permits from Caltrans. In the event that Caltrans fails to grant the necessary permits for the Digital Billboard, this Lease shall be of no further force and effect. 4. Minimum Specifications for Proposed Digital Billboard City shall select the ultimate sign design from the plans and specifications prepared by Tenant as part of the entitlement and permitting process described in Paragraph 3.2 above. Subject to City's approval as provided in the Lease and this Exhibit B, the Digital Billboard shall conform to the following criteria: 4.1 Size. The Message Center portion of the Digital Billboard shall have a maximum width of fourteen feet (14') and a maximum height of forty-eight feet (4$'). 4.2 Height. The Digital Billboard shall have a maximum height of fifty feet (50) to the top of the Sign Structure. 4.3 Technology. The Digital Billboard shall employ the then current best available digital -billboard technologies to the extent known to Tenant at the time of installation or upgrade as required by the Lease, including: a. UL and IEC approved b. Remote diagnostic and maintenance capability; C. Amber Alert capability; d. State-of-the-art sensors for automatic brightness adjustment to ambient lighting conditions; e. Color calibration to ensure consistent image quality; f. Remote shutdown capability. 4.4 Compliance with Laws. The Digital Billboard shall with all applicable federal, state, county, and City regulations, rules, and orders as provided in Sectio n B-3 OAK #4842-5749-9923 v8 be designed to comply statutes, ordinances, 7.14 of the Lease. EXHIBIT B :-- -- R 4.5 Energy. The Digital Billboard shall employ the latest technology to ensure it achieves the greatest energy efficiency possible. In addition, Tenant shall purchase power through PG&E's "Green Option" program—as provided in Section 7.11 of the Lease and described more fully in Paragraph 6.8 (Sustainability Plan) of this Exhibit B. 4.6 Service Access. The Digital Billboard shall be designed with internal service access for safety and improved appearances. There shall be no visible catwalks on the exterior of the Digital Billboard. Construction Requirements 5.1 Removal of Existing Sign. Prior to the installation of the Digital Billboard, Tenant, at no cost to City, shall remove the Existing Sign according to the schedule set forth in Schedule 2, to the Lease subject to the following: a. Tenant shall obtain all necessary governmental approvals, permits and environmental clearances prior to starting any demolition of the Existing Sign. b. Tenant shall restore the Premises to a condition acceptable to City, including completing any necessary environmental cleanup mandated by any governmental agency with jurisdiction over the Premises. C. Tenant shall use its best efforts to remove and demolish the Existing Sign in a manner that permits the existing sign structure and components to be recycled as fully as possible. 5.2 Compliance with Law. Tenant shall comply with all applicable state, county, and City codes and permitting requirements governing the demolition of the Existing Sign and the construction of the Digital Billboard. 5.3 Prevailing Wage. Tenant acknowledges and agrees that any construction or alterations made by or on behalf of Tenant to the Premises, including demolition of the Existing Sign, installation of the Digital Billboard, repair or upgrades to the Digital Billboard, or any improvements thereon ("Improvement Work"), whether paid for in whole or part by City or which are considered under law to have been paid for in whole or part by City (e.g. any improvement which become City's property upon the expiration or other termination of the Lease), will constitute "construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds...." California Labor Code Section 1720. Accordingly, except as to Tenant's employees, Tenant shall comply with applicable prevailing wage policies as set forth in the Rohnert Park Municipal Code, applicable California Labor Code requirements pertaining B-4 OAK #4842-5749-9923 v8 EXHIBIT B -= to "public works" (California Labor Code Section 1720 et seq., as amended from time to time and implementing regulations), the Davis - Bacon Act (sec. 1-7, 46 Stat. 1949, as amended; Pub. L. 74-403, 40 U.S.C. 276a -276a-7, as amended from time to time and implementing regulations), and other applicable laws addressing the payment of prevailing wages in connection with any Improvement Work (collectively, "Prevailing Wage Laws"). Tenant shall require the general contractor for any Improvement Work to submit, upon request by City, certified copies of payroll records to City and to maintain and make records available to City and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws. Tenant shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers, agents and representatives (collectively, "Indemnitees") from and against any and all Claims arising out of or in any way connected with Tenant's obligation to comply with all Laws with respect to any Improvement Work and/or Prevailing Wage Laws, including all Claims that may be made by Tenants, subtenants or other third party claimants pursuant to Labor Code Section 1726. Tenant hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with Tenant's obligation to comply with all Laws with respect to the Improvement Work and Prevailing Wage Laws 5.4 Security Fencing. Prior to commencing demolition of the Existing Sign, Tenant shall enclose with a temporary security fence the portion of the Premises Tenant needs to remove the Existing Sign and install, operate, maintain, and repair the Digital Billboard. Tenant shall maintain the temporary security fence until Tenant replaces it with the permanent bollards described in Paragraph 6.3 of this Exhibit B. Tenant shall install and maintain the temporary fence at no cost to City and shall consult with City on the location and design of the temporary security fence. 5.5 Performance Bond. Within five (5) days of the execution of the Lease, Tenant shall provide City a faithful performance bond securing Tenant's faithful performance of its obligations under the Lease. The principal sum of the faithful performance bond shall be equal to the full amount of the Base Rent for Lease Years 1 and 2, inclusive. 6. Operational Requirements 6.1 Hours of Operation. Tenant shall operate the Digital Billboard from 5:00 a.m. until 3:00 a.m. daily. Tenant reserves the right, with the consent of City, which shall not be unreasonably withheld, to shorten or extend such hours of operation if economic conditions warrant such change. EXHIBIT :B -- B-5 OAK 84842-5749-9923 v8 Z ....... 1 6.2 Maintenance; Upgrades. 6.2.1 Premises. As provided in Section 7.8 of the Lease, Tenant shall, at Tenant's sole cost and expense, maintain the Premises, in good, clean and first-class condition and repair at all times during the Term, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for keeping the Premises free from weeds and debris. To ensure compliance with these requirements, Tenant shall implement a regular weed removal program and shall remove weeds from the Premises not less than weekly. In addition, Tenant shall promptly remove and dispose of any debris from the Premises. 6.2.2 Digital Billboard. As provided in Section 7.8 of the Lease, Tenant, at no cost to City, shall maintain, repair, and improve the Digital Billboard in accordance with the highest standards of the outdoor - advertising industry. Tenant's maintenance obligation includes the obligation to promptly remove any graffiti from the Premises and the Digital Billboard, as provided in Paragraph 6.4, below. Tenant's obligation to improve the Digital Billboard includes the obligation to replace the entire Message Center every ten (10) years. 6.2.3 City's Responsibility. City shall not be obligated to maintain the Premises or to maintain or repair the Digital Billboard. If, however, Tenant does not maintain the Premises, then City may notify Tenant in accordance with Section 13.1 of the Lease that City will perform the maintenance described in the notice if Tenant does not do so within ten (10) Business Days. If Tenant does not perform the needed maintenance within ten (10) Business Days after the notice is given, then City may perform the maintenance described in the notice, and Tenant shall reimburse City's costs. 6.3 Security Bollards. Upon completion of the installation of the Digital Billboard, Tenant shall replace the temporary security fence described in Paragraph 5.4, above, with permanent bollards around the base of the Sign Structure to protect the Digital Billboard from damage. Tenant shall install and maintain the permanent bollards at no cost to City and shall consult with City on the location and design of the bollards. Tenant shall install the permanent bollards at the beginning of the Operations Phase and maintain those bollards until the end of the Term. 6.4 Graffiti Removal. At no cost to City, Tenant shall promptly remove any graffiti on the Digital Billboard or on the Premises and shall restore the same to a condition acceptable to City. EXHIBIT B B-6 OAK 94842-5749-9923 v8 6.5 Advertising rights During the Term, Tenant will have the exclusive right to enter into agreements for advertising on the Digital Billboard, subject to the following 6.5.1 General Provisions a. Tenant shall, at all times, operate the Message Center in a manner that fully complies with all valid and applicable laws and regulations, including laws and regulations pertaining to outdoor advertising, and shall adhere to the criteria and limitations set forth in the Lease and this Exhibit B. b. Unless otherwise legally obligated to do so, Tenant shall not display any message that in the judgment of the Rohnert Park City Manager, or his or her designee, violates any of the provisions of Section 7.12.1 of the Lease. As used in this subparagraph (b), "legally obligated" shall mean under a court order from a court with competent jurisdiction. C. When requested, Tenant shall make the Message Center available to Caltrans for the purpose of displaying "Amber Alert" messages in accordance with the Amber Alert Guidelines established by Caltrans and the United States Department of Justice, as set forth in Section 7.12.2 of the Lease. d. Tenant shall give City the exclusive right to ten percent (10%) of the total advertising time on the Digital Billboard, as more fully described in Paragraph 6.5.2, below. 6.5.2 Allocation of AdvertisingTime. ime. The advertising time on the Digital Billboard shall be allocated in accordance with the provisions of this Paragraph 6.5.2. a. City Exclusive Use. Ten percent (10%) of the total advertising time on the Digital Billboard shall be allocated to the exclusive use of City. City shall be solely responsible for the message content for this advertising time. b. Local Business Use. An additional twenty percent (20%) of the total advertising time on the Digital Billboard shall be allocated for first right of use by local businesses in accordance with the provisions set forth in Paragraph 6.5.3, below. Subject to the limitations and criteria set forth in EXHIBIT B OAK 94842-5749-9923 v8 C4 _. w_. Paragraph 6.5.3, Tenant will have the exclusive right to enter into agreements to fill the local business advertising time on the Digital Billboard. In the event that, after reasonable effort by Tenant, local businesses do not purchase advertising for the full twenty percent (20%) allocated to local businesses, any portion of such advertising time not purchased by local business may be added to the unrestricted time as set forth in Paragraph 6.5.2 (c) below. Tenant shall submit a written report to the City Manager every six (6) months summarizing the usage of the Digital Billboard by local business and documenting the reallocation of any time reserved for first right of use by local businesses to unrestricted time pursuant to the provisions of this Paragraph 6.5.2(b) C. Unrestricted. The remaining seventy percent (70%) of the total advertising time on the Digital Billboard shall be unrestricted, subject only to requests for use by Caltrans for Amber Alerts in accordance with Section 7.12.2 of the Lease. Tenant will have the exclusive right to enter into agreements to fill the unrestricted advertising time on the Digital Billboard. (i) Amber Alerts — Any request by Caltrans to use the Digital Billboard to display Amber Alerts pursuant to Section 7.12.2 of the Lease shall be allocated time from the unrestricted advertising time on a space available basis, provided, however, that, in accordance with the Amber Alert Guidelines established by Caltrans and the United States Department of Justice, such Amber Alerts shall be allowed to displace all advertising on the Digital Billboard, including advertising time allotted to the City and/or Local Business, for any initial period not to exceed fifteen (15) minutes in length per each Amber Alert. Alternatively, Tenant may include such public- service messages in the body of commercial advertising. d. Limitation on Advertisement. To avoid a single business or group of related businesses from monopolizing the advertising time on the Digital Billboard, no single business or group of related businesses may utilize more than thirty percent (30%) of the advertising time available on the Digital Billboard in any given month. This limitation shall apply separately to each class of advertising time (e.g. Local Business or Unrestricted) with the exception of the EXHIBIT B B-8 OAK 114842-5749-9923 v8 �/� advertising time allocated to City pursuant to subparagraph (a), above, or provided to Caltrans for Amber Alerts pursuant to Section 7.12.2 of the Lease. For the purposes of enforcing this limitation, a "group of related businesses" shall include parent corporations, subsidiaries, sister corporations, and other off -shoots of a particular business, as well as any tenants or licensees of that business. 6.5.3 Local Economic Development and Marketing Partnership. The advertising time allocated to local businesses pursuant to subparagraph 6.5.2(b), above, shall be administered in accordance with this Paragraph 6.5.3. a. Definition of Local Business. For the purposes of this program, "local business" means a business located within the corporate limits of the City of Rohnert Park that is independently owned or a locally -owned franchise. b. Local Marketing Program. Subject to City's approval, Tenant shall develop a comprehensive, locally -based marketing and economic development plan for the Digital Billboard. Through the proposed public/private partnership, Tenant will work with City to promote city events, civic communications, promotions, and programs. Tenant will use its best efforts to reach out to local businesses through the Rohnert Park Chamber of Commerce, Sonoma State University School of Business, and the Sonoma Mountain Business Cluster. These efforts may initially include: (i) placing advertisements in Rohnert Park Chamber of Commerce Community Guide; (ii) holding at least two (2) informational meetings/seminars for local businesses; (iii) sending direct mailers to local business to make them aware of the advertising opportunities on the Digital Billboard and the resources Tenant is making available to locally -based businesses; (iv) employing website marketing on Tenant's website; (v) making direct contact with Tenant's existing client base in the City; (vi) making direct contact with marketing agencies in Sonoma County and Bay Area to make them aware of the advertising opportunities for local businesses on the Digital Billboard; (vii) advertising in the chamber newsletter; and (viii) making direct contact with potential advertisers. No restrictions will be placed on the number of local businesses that can advertise on the Digital Billboard. Tenant will use its best efforts to leverage its local knowledge and experience to provide advertising opportunities to many local small B-9 OAK #4842-5749-9923 A EXHIBIT B businesses that could not previously afford outdoor advertising. C. Discounted Time for Local Businesses. In an effort to maximize opportunities to advertise for local businesses, the advertising time allocated to local businesses pursuant to subparagraph 6.5.2(b), above, shall be offered to local businesses at the following discounted rates: • twenty-five percent (25%) off a full 28 -day showing • twenty percent (20%) off a one-half ('/2) 28 -day showing fifteen percent (15) off a one-quarter ('/4) 28 -day showing d. Additional Incentives for Local Business. In addition to the foregoing, Tenant will execute the following plan: Within 45 -days of the Effective Date, Tenant shall host a series of advertising and marketing training sessions for local businesses. These sessions will be held in partnership with the Rohnert Park Chamber of Commerce, will be open to all Rohnert Park -based businesses, and will take place at various times to maximize the opportunity for local businesses to participate. ii. Tenant shall present the Digital Billboard to the local business community and will discuss the various ways local businesses can utilize the new sign to advertise their products and services, brand their businesses, and increase sales. iii. Tenant will have its graphic design team at all seminars/meetings to give a presentation on designing attractive, creative, and successful ads for the Digital Billboard. iv. Tenant shall work with Sonoma State University School of Business (the "Business School") in a good faith effort to create (and participate in) a program which would give students the opportunity to gain real world experience in assisting and working with local businesses in creating advertising campaigns. The goal of this program will be to allow students to gain real world experience in sales and marketing, EXHIBIT B B-10 OAK 94842-5749-9923 v8 f/ while simultaneously giving local businesses access to the talent that exists at the university. Tenant shall work with the Business School to create the program as soon as reasonably possible. If Tenant's efforts to create the program are successful, the program shall continue throughout the Term of the Lease for as long as the Business School supports it. 6.6 Utilities. At no cost to City, Tenant shall provide and pay for all utility connections, utility equipment, and utility service required to install, operate, maintain, repair, improve, or reposition the Digital Billboard throughout the Term, as provided in Section 7.11 of the Lease. When purchasing the electricity needed to operate the Digital Billboard, Tenant shall participate in the "Green Option" program offered by PG&E, as more fully discussed in Section 7.11 of the Lease and Paragraph 6.8, below. 6.7 Hazardous Materials. Neither Tenant nor any of Tenant's representatives or agents shall use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Personal Property, the Premises, the Digital Billboard, any portion thereof, or any improvements thereon, except as permitted by Section 6.3.1 of the Lease. In the event there is a release or suspected release of Hazardous Materials anywhere in, on, under or about the Personal Property, the Premises, the Digital Billboard, any portion thereof, or any improvements thereon, Tenant shall promptly take all action necessary to investigate and remedy the release of any Hazardous Materials in accordance with the provisions set forth in Section 6.3.1 of the Lease, and Tenant shall indemnify City from any from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys' fees and expenses and consultant fees and expenses) caused or alleged to have been caused by the presence and release of such Hazardous Materials in accordance with the provisions of Section 11.3 of the Lease. 6.8 Sustainability Plan. Tenant shall implement the following sustainability plan in connection with the Digital Billboard: a. The Digital Billboard design shall employ the latest technology to ensure that it achieves the greatest energy efficiency possible, as provided in Paragraph 4.5 of this Exhibit B. b. Tenant shall purchase power through PG&E;s "Green Option" program to ensure the Digital Billboard is powered using only renewable energy resources, in accordance with the provisions set forth in Section 7.11 of the Lease. EXHIBIT B B-11 OAK #4842-5749-9923 v8I c. r C. Tenant shall operate the Digital Billboard from 5:00 a.m. until 3:00 a.m. daily, subject to possible revision as provided in Paragraph 6.1, above. This represents a slight reduction from the hours of operation for the Existing Sign and will reduce the energy consumption and prolong the life expectancy of the Digital Billboard without compromising the promotional and advertising opportunities for the City and local businesses. d. Tenant shall use its best efforts to remove and demolish the Existing Sign in a manner that permits the existing sign structure and components to be recycled as fully as possible, as provided in Paragraph 5.1, above. e. Tenant will continue to demonstrate its commitment to sustainable business practices by continuing its ongoing discussions with PG&E to create a solar farm on Tenant -owned property, as more fully described in Tenant's August 2, 2012 response to the City's July 9, 2012 Request for Proposals for the Digital Billboard. If this solar farm is approved, it would create sufficient energy to completely power all of Tenant's digital and static billboards, including the Digital Billboard. Tenant shall keep City informed of the progress of its efforts to create the solar farm and shall provide annual reports to the City Council documenting these efforts. 6.9 Insurance. At no cost to the City, Tenant shall maintain both public liability insurance and fire and casualty insurance covering improvements placed onsite in accordance with the provisions set forth in Article 12 of the Lease. 6.10 Indemnification. At no cost to City, Tenant shall indemnify City as provided in Article 11 of the Lease. 6.11 Performance Bond. Within five (5) days of the execution of the Lease, Tenant shall provide City either (i) a set-aside irrevocable letter of credit in a form acceptable to City, payable to City, or (ii) a faithful performance bond securing Tenant's faithful performance of its obligations under the Lease, as provided in Paragraph 5.5, above. EXHIBIT B B-12 OAK 94842-5749-9923 v8 EXHIBIT C CRITERIA FOR REPLACEMENT OF COMMUNITY CENTER SIGN 1. Definitions. Unless otherwise indicated, all capitalized terms set forth in this Exhibit C shall have the meanings ascribed thereto in the Lease to which this Exhibit C is attached and forms a material part. 2. Replacement of Community Center Sign. As a material inducement to get City to enter into the Lease, Tenant has agreed to replace the existing non -digital sign located at the Rohnert Park Community Center at 5401 Snyder Lane in the City of Rohnert Park, County of Sonoma (the "Community Center Sign") in accordance with the following terms and conditions: 2.1 Tenant shall bear all costs associated with (i) preparing complete plans and specifications for the Community Center Sign, (ii) obtaining all entitlements, environmental clearances, and permits necessary to install the Community Center Sign, (iii) removing and disposing of the existing sign at the Community Center, and (iv) constructing the Community Center Sign. Notwithstanding the foregoing, City staff will trench the utilities to the Community Center Sign location, if necessary. 2.2 City shall diligently process Tenant's applications for all City Permits necessary for the Community Center Sign. These terms do not commit City in advance to approve City Permits; and this Exhibit C does not constrain City's discretion, acting as a government, with respect to City Permits specifically or to the Community Center Sign generally, and nothing contained herein shall be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Community Center Sign. 2.3 The Digital Billboard shall be constructed first. 2.4 Tenant shall be obligated to construct the Community Center Sign within the time frame provided for in Section 5.2.5 of the Lease. 2.5 Both the Digital Billboard and the Community Center Sign shall be covered by a single agreement. Prior to starting construction of the Community Center Sign, Tenant and City shall enter into an amendment to the Lease to set forth the terms and conditions for installation, operation, and maintenance of the Community Center Sign. EXHIBIT C C-1 OAK 94842-5749-9923 v8 - - 2.6 Subject to City's approval, the Community Center Sign shall be similar in design and technology to the Digital Billboard. As part of the design process, Tenant shall hold at least one community meeting to solicit input from the neighbors and other community members on the design for the Community Center Sign. Tenant shall incorporate said community input into the design plans for the Community Center Sign and shall submit the draft plans to the City Council for their review and approval prior to submitting formal entitlement applications to the Planning Commission. Following the community outreach process, City may unilaterally terminate the agreement for the Community Center Sign as provided in Paragraph 2.15, below. 2.7 City and Tenant shall share the utility costs for the Community Center Sign equally. 2.8 Tenant shall pay City a percentage of the Gross Revenue from advertising on the Community Center Sign as rent for the lease of the Community Center Sign site. No fixed rent shall be required for the Community Center Sign site. The rent to be paid by Tenant shall initially be structured with Tenant receiving seventy-five percent (75%) of the Gross Revenue and City receiving twenty-five percent (25%) of the Gross Revenue until such time as Tenant has been reimbursed from the extra twenty-five percent (25%) for Tenant's actual cost to design, permit, and construct the Community Center Sign. Tenant shall provide evidence reasonably satisfactory to City to document the actual costs to design, permit, and construct the Community Center Sign. Upon the earlier of (i) Tenant recovering the actual cost for construction of the Community Center Sign or (ii) the beginning of the fourth year of operation of the Community Center Sign, Tenant shall pay City fifty percent (50%) of the Gross Revenue from the Community Center Sign as rent for remainder of the Term and any extension thereof. 2.9 As additional consideration, the City shall receive the exclusive use of thirty-five percent (35%) of all advertising time on the Community Center Sign at no cost to City. City may use such advertising time to promote any purpose that City, in its sole discretion, determines best serve the needs of the City and its residents. The allocation of advertising time to the City shall be on a fair and consistent basis with other advertisers during the operating hours of the Community Center Sign. 2.10 Subject to the criteria and limitations set forth in the Lease, Tenant shall have the exclusive right to manage all advertising content on the Community Center Sign for the portion of advertising time not allocated to the City. The City shall have sole authority to manage its own sign content. EXHIBIT C C-2 OAK 114842-5749-9923 v8 2.11 Tenant shall operate the Community Center Sign in a manner similar to the Digital Billboard—no less than six (6) seconds nor more than eight (8) seconds per ad. 2.12 Tenant and City shall mutually agree upon the hours of operation for the Community Center Sign, but in no event less than 6:00 a.m. to 10:00 p.m. daily, except on nights when evening events that let out at or after 10:00 p.m. are held at the Green Music Center, in which event the sign may operate no later than one (1) hour after the end of said event. 2.13 Subject to City approval, Tenant may explore the option to build the Community Center Sign with a rotating face. This feature will allow the sign to be repositioned at various times of the day to optimize visibility of the Community Center Sign to prevailing traffic patterns. Nothing in this Paragraph 2.13 shall be construed to require Tenant to construct the Community Center Sign with a rotating face, and if the cost to include a rotating face is determined to be too expensive, Tenant may elect to eliminate this option. 2.14 Tenant shall own the Community Center Sign during the term of the lease. 2.15 Termination of Community Center Sign Agreement. (a) Prior to Construction. Following the community outreach process described in Paragraph 2.6, above, City may unilaterally terminate the agreement for the Community Center Sign. If City elects to terminate the agreement for the Community Center Sign pursuant to this subparagraph (a), Tenant shall be relieved of any obligation to replace the Community Center Sign as required by Subsection 5.2.5 of the Lease, and neither party shall have any further claim against the other party by reason of such termination, including any claim for compensation. (b) After Installation. Once the Community Center Sign has been constructed by Tenant, either party may elect to terminate the agreement for the Community Center Sign upon an agreed upon time based on performance, community sentiment, and other factors that may limit the viability of the Community Center Sign. Except where City exercises its right to terminate this Lease for cause, or terminates the agreement for the Community Center Sign pursuant to subparagraph (a) of this Paragraph 2.15, City may not terminate the Lease pursuant to this provision prior to Tenant recouping its investment to design, permit and construct the Community Center Sign. Upon the expiration or other termination of the agreement for the Community Center Sign, City shall not be financially liable to Tenant for the cost to construct the sign and ownership of the Community Center Sign shall, without compensation to Tenant, become EXHIBIT C C-3 .......... OAK 44842-5749-9923 v8 City's property, free and clear of all claims to or against it by Tenant or any third person. 2.16 Subject to City's approval, which approval shall not be unreasonably withheld, Tenant may hire a California licensed arborist to trim, shape and prune the trees in the median on Rohnert Park Expressway to maximize the visibility of the Community Center Sign. C-4 OAK 44842-5749-9923 v8 0:1:11:31�� SCHEDULE1 RENT Definitions For purposes of this Schedule 1, the following definitions shall apply: 1.1 "Base Rent" means the guaranteed minimum monthly amount Tenant shall pay to City as consideration for the rights and benefits it enjoys under the Lease, including the use and occupancy of the Premises during the Term. The Base Rent shall be $15,000 per month during Lease Years 1 through 5. 1.2 "Gross Revenue" means all revenue Tenant derives from the Digital Billboard, less any commissions paid at the industry standard commission rate of sixteen and sixth/tenths percent (16.6%). 1.3 "Percentage Rent" means the sum representing the difference between the total Base Rent paid by Tenant for that Lease Year and a sum which is twenty percent (20%) of Gross Revenue for that same Lease Year which Tenant shall pay to City in addition to the Base Rent where the total Base Rent paid by Tenant for that Lease Year is less than twenty percent (20%) of the Gross Revenues for the same Lease Year. 1.4 "Rent" means the actual amount Tenant shall pay City as consideration for the rights and benefits it enjoys under the Lease, including the use and occupancy of the Premises during the Term. Total Rent shall include Base Rent and any Percentage Rent due under the terms of the Lease and this Schedule 1 Unless otherwise indicated, all other capitalized terms set forth in this Schedule 1 shall have the meanings ascribed thereto in the Lease to which this Schedule 1 is attached and forms a material part. 2. Rent Each month during the Operations Phase, Tenant shall pay City Base Rent calculated as provided in this Schedule 1. The Base Rent shall be calculated as follows: 2.1 Lease Years 1-5 During Lease Years 1 through 5, inclusive, Tenant shall pay City the Base Rent of $15,000 per month. In addition, if the total Base Rent paid by SCHEDULE 1 S.1-1 OAK 114842-5749-9923 A - /e Tenant in any Lease Year is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual basis. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. 2.2 Lease Years 6-10 Commencing in Lease Year 6, and annually thereafter, the Base Rent shall be adjusted at the conclusion of each Lease Year to be the greater of (a) one hundred three and one-half percent (103.5%) of the Base Rent in effect as of the end of preceding Lease Year, or (b) an amount equal to the average of the actual rent (Base Rent plus Percentage Rent) paid during Lease Years 3, 4 and 5, divided into monthly installments. The calculation of Base Rent based on the average of the actual Rent paid in such prior years shall be referred to as the Performance Increase. If the Base Rent is determined based on the Performance Increase, it shall thereafter be adjusted up annually by three and one-half percent (3.5%) at the conclusion of each Lease Year. In addition, if the total Base Rent paid by Tenant in any Lease Year during Lease Years 6-10, inclusive, is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual basis. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. 2.3 Lease Years 11-15 Commencing in Lease Year 11, and annually thereafter, the Base Rent shall be adjusted at the conclusion of each Lease Year to be the greater of (a) one hundred three and one-half percent (103.5%) of the Base Rent in effect as of the end of preceding Lease Year, or (b) the Performance Increase based on the average of the actual Rent paid in Lease Years 6 through 10. If the Base Rent is determined based on the Performance Increase, it shall thereafter be adjusted up annually by three and one-half percent (3.5%) at the conclusion of each Lease Year. In addition, if the total Base Rent paid by Tenant in any Lease Year during Lease Years 11-15, inclusive, is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual SCHEDULE 1 S.1-2 _.... OAK 114842-5749-9923 v8 e� basis. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. 2.4 Lease Years 16-20 Commencing in Lease Year 16, and annually thereafter, the Base Rent shall be adjusted at the conclusion of each Lease Year to be the greater of (a) one hundred three and one-half percent (103.5%) of the Base Rent in effect as of the end of preceding Lease Year, or (b) the Performance Increase based on the average of the actual Rent paid in Lease Years 11 through 15. If the Base Rent is determined based on the Performance Increase, it shall thereafter be adjusted up annually by three and one-half percent (3.5%) at the conclusion of each Lease Year. In addition, if the total Base Rent paid by Tenant in any Lease Year during Lease Years 16-20, inclusive, is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual basis. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. 2.5 Extended Term Commencing in the first Lease Year of the Extended Term, and annually thereafter, the Base Rent shall be adjusted at the conclusion of each Lease Year to be the greater of (a) one hundred three and one-half percent (103.5%) of the Base Rent in effect as of the end of preceding Lease Year, or (b) the Performance Increase based on the average of the actual Rent paid in Lease Years 16 through 20. If the Base Rent is determined based on the Performance Increase, it shall thereafter be adjusted up annually by three and one-half percent (3.5%) at the conclusion of each Lease Year. In addition, if the total Base Rent paid by Tenant in any Lease Year during the Extended Term is less than twenty percent (20%) of the Gross Revenues for that Lease Year, then in addition to the Base Rent, Tenant shall pay City the difference as Percentage Rent on an annual basis. However, if the total Base Rent paid by Tenant in any Lease Year equals or exceeds twenty percent (20%) of the Gross Revenues for that Lease Year, City shall have no obligation to refund any portion of the Base Rent payments or to apply said payments to any future Lease Year. SCHEDULE 1 __... S.1-3 -" OAK #4842-5749-9923 v8 SCHEDULE2 DEVELOPMENT SCHEDULE Council Awards Lease April 23, 2013 Submit Certificate of Insurance and begin plan preparation April 30, 2013 Planning Department Meeting April 29, 2013 Submit Plans to Planning Dept./CALTRANS Previously issued; See note below Submit Plans to Building Department April 24, 2013 City Approval of Insurance Certificates May 7, 2013 Begin Seminars May 29, 2013 Planning Commission Hearing CUP approved City Council Hearing April 23, 2013 Issue Notice to Proceed to YESCO May 1, 2013 Commence Sales Remove Existing Sign July 24, 2013 Begin Construction of Digital Billboard August 1, 2013 Complete Construction of Digital Billboard August 15, 2013 Commence Operation of Digital Billboard September 1, 2013 SCHEDULE 2 S.2-1 OAK 114842-5749-9923 A --._...._ ITEM NO. 60 Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Awarding the Construction Contract for Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) to Insituform Technologies, LLC RECOMMENDED ACTION: Adopt a Resolution Awarding the Construction Contract for Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) to Insituform Technologies, LLC. BACKGROUND: The Claussen Overcrossing and Highway 101 sewer mains are crucial sewer mains that collect wastewater from large portions of the City and drain to the main sewer pump station. Proper maintenance, repair and rehabilitation of these sewer mains is important to ensuring proper function. The City's Capital Improvement Program identified the need to undertake the investigation and rehabilitation project, and on May 10, 2016, the City Council approved the project plans and found the project to be exempt from review under the California Environmental Quality Act. The scope of the project entails sewer main maintenance via insertion of a cast -in-place lining into existing sewer pipes, and manhole rehabilitation via grouting. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the city's purchasing policy. An invitation to bid was posted / published on May 24, 2016, in consistency with City of Rohnert Park Purchasing Policy, Section 3.6.F Contracts for Public Projects, which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Accounting Act. The engineer's estimate for the project was $801,800. The City received three (3) bids listed as follows: Contractor Bid Amount Insituform Technologies, LLC $447,934.00 Southwest Pipeline and Trenchless Corp. $460,814.00 Michaels Corp DBA Michaels Pipeline Construction $642,195.00 Staff reviewed the bids for responsiveness and contractor responsibility and recommends award to Insituform Technologies, LLC with a bid of $447,934.00. The contractor is found to be 1 ITEM NO. 60 responsible and responsive. STRATEGIC PLAN ALIGNMENT: Completing the Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation Project is consistent with Strategic Plan GOAL C - ensure the effective delivery of public services and GOAL D - continue to develop a vibrant community. OPTIONS CONSIDERED: None. The recommended action is consistent with the City's Capital Improvement Program and necessary to proceed with the construction of the Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation Project. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the recommended action is $515,125 (the cost of the low bid together with a 15% allowance for change orders). The funding source for the project is the Sewer Enterprise Fund. This project has a total budget of $900,000 in the Fiscal Year 2015-16 Capital Improvement Program, which is adequate to accommodate the construction contract. Department Head Approval Date: 6/27/2016 City Attorney Approval Date: 6/20/2016 Finance Director Approval Date: 6/20/2016 City Manager Approval Date: 6/30/2016 Attachments (list in packet assembly order): 1. Resolution Awarding the Construction Contract for Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) to Insituform Technologies, LLC 2. Exhibit A - Construction Contract Agreement 2 RESOLUTION NO. 2016-75 A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR CLAUSSEN OVERCROSSING AND HIGHWAY 101 SEWER MAINTENANCE INVESTIGATION AND REHABILITATION (PROJECT NUMBER 2015-10) TO INSITUFORM TECHNOLOGIES, LLC WHEREAS, the Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) includes the rehabilitation of existing sewer mains and sewer manholes; and WHEREAS, the plans and specifications for the Project were approved by the City Council on May 10, 2016; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.61 Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Accounting Act, an invitation to bid was posted/published on May 24, 2016, for the Project; and WHEREAS, three (3) bids were received on the bid opening date of June 17, 2016; and WHEREAS, Development Services staff determined that Insituform Technologies, LLC submitted the lowest cost bid and is the lowest responsive and responsible bidder with a bid amount of $447,934.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and material to this Resolution. 2. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of Insituform Technologies, LLC for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 3. The City Manager is hereby authorized and directed to execute the contract with Insituform Technologies, LLC, in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of the base bid for the amount Four Hundred Forty- Seven Thousand Nine Hundred Thirty -Four Dollars and No Cents ($447,934.00) for construction of the Project in accordance with the bid documents and applicable law upon submission by Insituform Technologies, LLC, of all documents required pursuant to the Project bid documents. 4. The City Manager is hereby authorized to execute change orders in an amount not to exceed 15% of the base bid or sixty seven thousand one hundred ninety Dollars and ten Cents ($67,190.10). 5. City staff is hereby directed to issue a Notice of Award to Insituform Technologies, LLC for this project. 6. This Resolution shall become effective immediately. 7. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, DeputyCity Clerk Attachment: Exhibit A AFIANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-75 Exhibit A CONTRACT CLAUSSEN OVERCROSSING AND HIGHWAY 101 SEWER MAINTENANCE INVESTIGATION AND REHABILITATION PROJECT NO. 2016-09 THIS AGREEMENT, made and entered into this day of , 2016, by and between Insituform Technologies, LLC hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on July 12, 2016, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor's bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within ten (10) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within sixty (60) working days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor's work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of Five Hundred dollars ($500.00) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of Four Hundred Forty -Seven Thousand Nine Hundred Thirty -Four Dollars and No Cents ($447,934.00). 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals C) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 2 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for 3 certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. 4 The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor's duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor's insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. 5 E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor's surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the 0 Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and C. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City's sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any 7 Parry of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each parry has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK Insituform Technologies, LLC City Manager Date Name/Title Date Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of July 12, 2016. ATTEST: City Clerk 91 APPROVED AS TO FORM: City Attorney Rpxri ERT pa@k �:.. 6x ��LIFOxN�p ITEM NO. 6C4 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Authorizing the City Manager to Execute a Master Services Agreement with GHD Inc. and Execute Task Order 2016-06 for Construction Management Services for the Wilfred Avenue Rehabilitation Project (Project No. 2016-09) RECOMMENDED ACTION: Approve a Resolution, Authorizing the City Manager to Execute a Master Services Agreement with GHD Inc. and Execute Task Order 2016-06 for Construction Management Services for the Wilfred Avenue Rehabilitation Project (Project No. 2016-09). BACKGROUND: In the past, staff has used "Master Services Agreements" that outline the major terms of the business relationship between the consultant and the City, including insurance and indemnification requirements, in order to streamline the process of accessing consultant resources. Work on specific projects is then authorized by a "Task Order" which authorizes project -specific scopes and budgets. GHD has had a Master Services Agreement with the City since 2003 in order to provide a wide range of environmental planning, design and construction management services. Their current Master Services Agreement expires at the end of 2016 and staff is recommending renewal because there is a present and future need to access their resources. The task order to be issued under the new Master Services Agreement is for project specific construction management services related to the Wilfred Avenue Rehabilitation Project. This is the first major maintenance activity that the City will undertake under its agreement with the Graton Rancheria for the maintenance of Wilfred Avenue. Staff provided the design for the major maintenance project which includes digout repairs and micro -surfacing. However, because of the current level of capital project and development project activity, staff does not have adequate resources to undertake the management and inspection of the construction project. ANALYSIS: In order to renew the Master Services Agreement, staff worked with the City Attorney's office to review and update the contract terms and then circulated the Agreements to qualified consultants who have worked with the City or expressed interest in working with the City. GHD Inc. was one of these consultants, and is qualified to perform design and construction management services for staff. The Master Services Agreement allows Staff to direct small amounts of work up to $15,000 under the Agreement directly and to award Task Orders for any amount, as approved on a project basis, by going through the proper authorization process. Consistent with Purchasing Policy Sections 3.6(B) and (D) relating to professional services contracts and master services ITEM NO. 6C4 agreements, based upon their qualifications, staff requested a proposal from GHD Inc. and negotiated a scope of work and fee estimate commensurate with the work required by the project to be incorporated into the Task Order. GHD's scope of services includes construction management and construction inspection work. Their proposed fee is an amount not to exceed $26,530.00, which is 9.2% of the construction cost. This amount is within a reasonable range for construction management services that includes peer review of the design. The proposed Task Order is for construction management services on the Wilfred Avenue Rehabilitation Project. GHD has previously submitted a Statement of Qualifications for construction management and inspection services and is the most qualified consultant for this assignment. The firm has managed similar projects, including the ESTS3/Snyder Lane Widening Project for the City and brings an established team with strong technical expertise and familiarity with the City's construction management practices. The proposed construction work, which involves road rehabilitation and traffic control on a busy corridor, has unique elements that impact the approach to construction inspection and management. GHD Inc.'s proposal took the 30 working days into consideration. The contract is for time and materials not to exceed a sum of $26,530. Should the project be completed in less time, less construction management will be required, and the City will incur less cost overall. STRATEGIC PLAN ALIGNMENT: By establishing Master Services Agreements with consultants, the City is ensuring the efficient and effective delivery of public services and aligning with Goal C of the Strategic Plan. Staff will also be able to better assist major planned developments by utilizing this consultant, which aligns with Goal D of the Strategic Plan. This action will also assist with keeping the agreement the City made with Graton Rancheria. OPTIONS CONSIDERED: Authorize Approval of the Master Agreement and Task Order 2016-01 with GHD Inc. This is the recommended option because GHD Inc. is the most qualified consultant for the assignment and has a history of high-level performance. 2. Utilize another consulting firm for this assignment and do not re-establish a Master Services Agreement with GHD Inc. This option is not recommended because staff has evaluated the qualifications of the firms that responded to its request for proposals, and GHD Inc. has the strongest qualifications. 3. Perform the construction management services with City staff. This option is not recommended because the City's Public Works Inspector is currently inspecting several projects, including the Oxford Suite Project, Dowdell Widening Project, various utility encroachment permits, and the demolition of the Avram Avenue and Commerce Boulevard buildings. FISCAL IMPACT/FUNDING SOURCE: Development Services' 2016-17 budget includes over $700,000 for contractual services, some of which will be executed under the proposed Master Services Agreement. The Master Services Agreement would potentially commit $15,000 for consulting work with a written notice to proceed from the City. Additional contract authority for each consultant can only be committed through a separate task order. Task order work is placed into Capital Improvement Project budgets as the projects are planned for accordingly. Prior to issuing a task order, Staff will ensure that funds are allocated in the appropriate project's budget. 2 ITEM NO. 6C4 The proposed Task Order for the Wilfred Rehabilitation Project has a fiscal impact of $26,530. The Wilfred Avenue Rehabilitation Project has a total budget of $565,196. The construction contract has been awarded at a total cost of $287,000 and the proposed Task Order can also be accommodated within the project budget limits. Funding for the total project, including the Task Order comes from the Wilfred Maintenance JEPA (Fund 177) and the Casino Mitigation MOU (Fund 183) at the following breakdown: Fund 177 85.5% or $22,683.15 Fund 183 14.5% or $3,846.85 Department Head Approval Date: 06/28/2016 Finance Director Approval Date: 06/20/2016 City Attorney Approval Date: 06/17/2016 City Manager Approval Date: 06/30/2016 Attachments (list in packet assembly order): A. Resolution Authorizing the City Manager to Execute a Master Services Agreement with GHD Inc. and Execute Task Order 2016-06 for Construction Management Services for the Wilfred Avenue Rehabilitation Project (Project No. 2016-09) B. Master Services Agreement with GHD Inc. C. Task Order 2016-06 for Construction Management Services with GHD Inc. for the Wilfred Avenue Rehabilitation Project (No. 1609) RESOLUTION NO. 2016-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT WITH GHD INC. AND EXECUTE TASK ORDER 2016-01 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE WILFRED AVENUE REHABILITION PROJECT (PROJECT NO. 2016-09) WHEREAS; the City desires assistance from municipal engineering firms, design service firms, and specialty consulting firms; and WHEREAS, staff hires consultants to supplement staffing, to provide replacement staffing, and to provide knowledge in areas where the staff require additional expertise; and WHEREAS, there is a need to call on outside consultants to assist in various private and public projects for design, construction management, consulting, and other services as needed; and WHEREAS; in the past, staff has used "Master Services Agreements" that outline the major terms of the business relationship between the consultant and the City, including insurance and indemnification requirements, in order to streamline the process of accessing design, construction management, consulting, and other resources; and WHEREAS, specific assignments under these Master Services Agreements directly will be awarded consistent with the City's Purchasing Policy; and WHEREAS, work on assignments not under this Master Services Agreement directly will be issued as task orders; and WHEREAS, whether working under these Master Services Agreements or a Task Order, the services shall not commence without a written notice to proceed from the City; and WHEREAS, GHD Inc. has demonstrated expertise in the areas of environmental planning, civil engineering design and construction management and inspection; and WHREREAS, GHD's current Master Services Agreement expires December 31, 2016 and requires renewal in order for services to continue to be provided; and WHEREAS, staff requested a proposal from GHD Inc. and negotiated a scope of work and fee estimate of $26,530 commensurate with the work required by the Wilfred Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Master Services Agreement, which is attached hereto, incorporated by reference and included as Attachment A is hereby approved, subject to minor modification by the City Manager or City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that Task Order 2016-01 for GHD Inc. included as Attachment B is approved, subject to minor revisions by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to take all actions as may be reasonably necessary to effectuate the purposes of this Resolution. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-76 MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is entered into as of the first day of March, 2016, by and between the City of Rohnert Park ("City"), a California municipal corporation, and GHD Inc. ("Consultant"), with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain the services listed in Attachment A and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Senior Engineering Technician is hereby designated as the project manager ("Project Manager"). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Alex Culick to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City's Purchasing Policy ("Task Order") executed by Consultant and City. Page 1 of 18 OAK #4844-6469-8375 v103 B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. Whether working under this Master Agreement or a Task Order, the services of the Design Professional shall not commence without a written notice to proceed from the City. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Pavment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. Page 2 of 18 OAK #4844-6469-8375 v103 C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 31, 2019, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, Page 3 of 18 OAK #4844-6469-8375 v103 descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. (1) Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (2) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (3) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or Page 4 of 18 OAK #4844-6469-8375 003 responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. . A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers ("Indemnified Parties") from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs and expert witness fees) of any nature ("Liability"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant's responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker's compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant's failure to comply with any of the terms of this Agreement. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. Page 5 of 18 OAK #4844-6469-8375 v103 If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant's acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. Page 6of18 OAK #4844-6469-8375 v103 E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. F. Waiver of Subrogation._ Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for City. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employ A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City's sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the amounts and terms of insurance as may be required from time -to -time by City's risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the Page 7of18 OAK #4844-6469-8375 003 terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. Page 8 of 18 OAK #4844-6469-8375 v103 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 Phone: 707-588-2232 Fax: 707-794-9242 Email: vmarin@rpcity.org If to Consultant: Alex Culick 2235 Mercury Way, Suite 150 Santa Rosa, CA 95407 Phone: 707-523-1010 Fax: 707-527-8679 Email: Alex.Culick@ghd.com 24. Consultant's Books and Records. A. 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 and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually Page 9 of 18 OAK #4844-6469-8375 003 agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Rohnert Park Municipal Code 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: Page 10 of 18 OAK #4844-6469-8375 v103 A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 36. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. IN WITNESS WHEREOF, City and Consultant have executed above written. CITY OF ROHNERT PARK CONSUL Agreement as of the date first By: By: City Manager Title: Alex Culick .E., Princi al Date: Date: Per Resolution No. 20 -_adopted by the Rohnert Park City Council at its meeting of 0-1601t8i0ED01 1 By: - Title: Matthew Wi kelman P.E. Associate Date: l(a Page 11 of 18 OAK #4844-6469-8375 v103 APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk Page 12 of 18 OAK #4844-6469-8375 v103 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage andpolicy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered .Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Exhibit C OAK #4844-6469-8375 v103 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work perfonned by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. Exhibit C OAK #4844-6469-8375 v103 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to Exhibit C OAK #4844-6469-8375 v103 the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 20. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit C OAK #4844-6469-8375 v103 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am Ate duly authorized representative of the firm of _ whose address is2�"/y neither I nor the above firm I here represent hz e- _ s and a that a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any. firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. /1 ;-7- Date Signature 1257802v1A 80078/0012 OAK #4844-6469-8375 003 EXHIBIT "A" Scope of Work January 2016 A. General Municipal Engineering Services It is acknowledged that there is Engineering Department personnel that will perform as much of the general municipal engineering services as possible and that the work Consultant will perform is work that cannot be performed by existing personnel due to staffing limitations and available resources. Service covered under this section excludes work covered under Paragraph C of this Exhibit and is for service not reimbursed by private development and applicants under the City's cost recovery program. Tasks to be performed may include: 1. When directed, attend City Council, Planning Commission, and other formal public meetings. 2. When directed, attend staff level meetings with the City staff, other public agency staff, public officials, community leaders, and the general public. 3. When directed, recommend regulations and ordinances pertaining to Public Works and Engineering Department matters. 4. When directed, assist in the oversight and coordination with other public agencies such as: Caltrans for federal and state transportation funded projects from the standpoint of meeting State requirements; or Sonoma County for CDBG funding for meeting State and Federal requirements. 5. When directed, provide technical consultation to City personnel for general engineering questions. 6. Upon City's request, provide consultation to the City on engineering and construction grants available from other governmental agencies and when so directed prepare and initiate application for such funding. 7. Other work, as directed. B. General City Planning Services It is acknowledged that there is Planning Department personnel that will perform as much of the general city planning services as possible and that the work Consultant will perform is work that cannot be performed by existing personnel due to staffing limitations and available resources. Service covered under this section excludes work covered under Paragraph C of this Exhibit and is for service not reimbursed by private development and applicants under the City's cost recovery program. Tasks to be performed may include: 1. When directed, attend City Council, Planning Commission, and other formal public meetings. 2. When directed, attend staff level meetings with the City staff, other public agency staff, public officials, community leaders, and the general public. 3. When directed, recommend regulations and ordinances pertaining to Planning Department matters. 4. When directed, provide consultation to City personnel for general city planning questions. 5. Other work, as directed. C. Development Review Service covered under this section is for service that is reimbursed by private development and applicants under the City's cost recovery program. Tasks to be performed shall be specifically requested by City before any work is initiated and may include: Exhibit A 1. Perform plan review and checking of land divisions and site development, including providing the appropriate certification of the Map by a pre -1982 registered Civil Engineer or; post -1982 registered Civil Engineer and registered Land Surveyor. 2. Review tentative maps and other submittals for land divisions for proposed development and make recommendations as to engineering and/or planning and environmental matters. 3. Review Specific Plans and, when directed, provide technical assistance in the processing of all documents pertaining to the Specific Plan Areas, as well as the subsequent implementation of the Specific Plans (e.g., Environmental Impact Reports, Development Area Plans, Tentative and Subdivision Maps). 4. Provide assistance in the processing of annexations. 5. When directed, prepare staff reports and other documentation for development projects being reviewed. 6. Other work, as directed. D. Capital Projects and Studies As specifically authorized by separate Task Order, Consultant may perform the following services: 1. Engineering studies for City's facilities. 2. Technical support and project management pertaining to City's programs such as Storm Water NPDES Phase II, Capital Improvement Program, and the Public Facilities Finance Plan Program. 3. Prepare plans, specifications, and opinions of probable cost for City projects. 4. Provide design and construction surveys and real property engineering. 5. Provide construction management and observation for City projects. 6. Environmental review and permitting. 7. Provide asset management and business consulting services. 8. Provide assessment, reporting, and remediation or abatement of hazardous materials. 9. Provide geotechnical services. 10. Other work, as directed. Exhibit A EXHIBIT "B" FEE SCHEDULE (July 2015) Project Principal , $ 210-260 Senior Professional 175-240 Professional 145-175 Principal Technical Officer 125-160 Senior TechnicalOfficer`' 120-140 Drafter 100-140 Senior Administrative Officer 110-175 Administrative Officer 90-115 Senior Service Group Support 120-180 Service Group Support ' 90-115 Construction Manager 160-210 Senior Site Engineer 140-200 Site Engineer 120-165 Senior Inspector" 115-160 Inspector 110-145 Surveyor '' 115-180 Employee time will be billed in accordance with the fees listed above. These rates are subject to change on a semi- annual basis. For other than professional employees, time spent over 8 hours per day, time spent on swing shifts, and time spent on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sundays will be charged at 2.0 times the hourly billing rate and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees will not be charged out at premium charge rates for overtime work. Expenses and other similar project related costs are billed out at cost plus 15%. The cost of using equipment and specialized supplies is billed on the basis of employee hours dedicated to projects. Our rates are: A. Office consumables: $6.00/hr B. Environmental Dept/Construction Inspector consumables: $11.00/hr C. Survey Field consumables: $15.00/hr D. Various Environmental, Construction and Land Surveying equipment: At market Payment for work and expenses is due and payable upon receipt of our invoice. Amounts unpaid thirty (30) days after the issue date of our invoice shall be assessed a service charge of one and one half (1.5) percent per month. (') These rates do not apply to forensic -related services, or to work for which Prevailing Wage obligations exist. It is the responsibility of the client to notify GHD Inc in writing if Prevailing Wage obligations are applicable, in which case the fees will be adjusted proportionate to the increase in labor cost. Exhibit B L'`" June 10, 2016 Mr. Artur da Rosa, PE Deputy City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Subject: Scope and Fee Proposal for Wilfred Avenue Rehabilitation Project Construction Management/Observation Services Dear Mr. da Rosa: We are pleased to submit this proposal to the City for providing Construction Management/Observation Services for the Wilfred Avenue Rehabilitation Project. Background The City prepared plans and specifications (the bid documents) for the rehabilitation of Wilfred Avenue between Redwood Drive and Stony Point Road. Plans were issued and bids will be opened on June 15, 2016. Construction is anticipated to begin approximately mid-July, 2016. The project's scope for construction includes the following: • Shoulder replacement between Labath Avenue and Langner Avenue; • Minor crack sealing in limited areas; • Dig outs of failed asphalt in the intersection of Redwood Drive and Golf Course Drive; • Micro -sealing the entire stretch of road; and • Re -striping the roadway. The City requested GHD provide a scope of work and fee schedule for part time construction management/observation services for this project. The critical issues of the project that we currently see are: Traffic Control: the Casino and other businesses are along the construction corridor and maintaining clear traffic control will reduce the potential for complaints • Environmental: keeping the work area confined within the asphalt limits • Materials Testing: closely managing the materials to be tested, the frequency of testing, and quickly passing the results back to the Contractor and City Due to the type of work, we anticipate the inspection will require approximately 15 days of full time inspection. The construction period is for 30 working days. Currently, GHD is working on a GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com construction project for the City in Snyder Lane, so we will have another inspector available to check the conditions if the lead inspector needs assistance. Project Team GHD proposes the following project team to provide as needed Construction Support: • Jim Winter, P.E. — Construction Manager • Steve Espinoza — On-site Observer/Inspector • Eric Leitz — Back-up On-site Observer/Inspector Mr. Esponoza is a Civil Engineering graduate and will sit for the Professional Engineers examination next spring. Prior to attending college, he previously worked as a laborer in the construction industry. While attending college, he worked on the 101 Bypass Project in Willits as a Field Engineer for Flat Iron Construction. Upon graduation, he worked for Kiewit Construction on a US Army Corp of Engineers project in Sacramento as a Field Engineer dealing with environmental issues and earthwork. The project will be backed up by other staff from the Santa Rosa office if needed. Scope of Work GHD will perform the following tasks. Task 1.0 —Contract Administration 1.1 Project Coordination. Meet with City staff to discuss and coordinate issues with the project. This will be accomplished by site visits, project meetings, phone conversations, and email updates of the activities that occurred. 1.2 Pre -Construction Meeting. Working with City staff to develop a pre -construction meeting agenda, organize, and conduct the meeting; and prepare meeting notes. 1.3 Project Meetings. Organize meetings with City staff, Contractor, and GHD team. Additionally we would prepare an agenda and provide meeting notes of the progress meetings and other special technical meetings. 1.4 Schedule Management. Review the Contractor's as -planned schedule for conformance with the specifications and for reasonableness of activity durations and sequence. Review the schedule with the City and monitor the Contractor's progress against the schedule. 1.5 Maintain Project Records. Maintain GHD project records, including daily logs (when on site), photos, submittals, RFIs, and RFCs. Review PCO's and change orders, issues, and correspondence. Project records will be maintained in an organized manner for quick reference and are accessible to City staff as requested. 1.6 Review Monthly Progress Payments. Evaluate the monthly progress payment requests from the Contractor and recommend payment. 1.7 Prepare Monthly Progress Reports. Prepare and review with the City monthly progress reports. 1.8 Requests for Information (RFIs) and Requests for Clarifications (RFCs). Respond to RFI and RFC requests by the Contractor. 1.9 Potential Change Orders (PCOs) and Change Orders. Respond to change order requests, evaluate PCOs and Change Orders, assist with determination of changed conditions and scope definition as needed, develop independent cost estimate, assist with negotiation, and incorporate change orders into the construction contract. 1.10 Coordinate Submittal and Shop Drawing Review Process. Assist with the submittal/shop drawing review process. This task includes coordination with the design engineer on status of review, review response, and transmitting the response to the Contractor. 1.11 Permits Compliance. It is our understanding that County and Caltrans encroachment permits are not required. Also, we understand that no environmental or regulatory permits are required for the project (i.e., CDFW, US Army Corps of Engineers, RWQCB). 1.12 Monitor Construction Record Drawings. Coordinate with the Contractor and maintain our own as -built drawings. Provide redlines to the City when complete. 1.13 Claims Management (optional service). GHD will assist with Claims Management at the request of the City on a time and materials basis. 1.14 Field Inspection/Observation. Provide part-time, on-site construction inspector/observer to monitor the Contractor's work for compliance with the contract documents, submittals, RFIs, change orders, and coordination with businesses and residences along the route. 1.15 Photograph or Video Documentation. Provide photographs or videos of the roadway. 1.16 Field Changes. Coordinate with City and Contractor and write field directives for change conditions. 1.17 Daily Reports. Prepare Daily Observation Reports. The daily reports will include photographs and material tags. 1.18 Materials Testing Coordination. Coordinate with the County Materials Laboratory. Task 2.0 —Project Completion 2.1 Project Completion and Punch List. Schedule a site review to be attended by the City, GHD, and other required stakeholders to conduct final completion inspections prior to issuing a punch list. 3.2 Project Documents. Will be provided through ongoing correspondence with the City; daily inspection/observation notes can be provided to the City upon request. Documentation will be in electronic format. 3.3 Notice of Completion. GHD will work with the City to coordinate the Notice of Completion. Assumptions 1. Contractor is responsible for the means and methods on the project. 2. Contractor is responsible for job site safety. 3. County Materials Laboratory is supplying the testing. 4. County Encroachment Permit is not necessary. 5. Caltrans Encroachment Permit is not necessary. 6. Contractor is responsible for obtaining a City Encroachment Permit. Compensation GHD proposes to perform the scope of services on an hourly rate, time and materials basis in accordance with our Standard Fees and Conditions. The proposed fee estimate for the scope of services is $ 26,530. The total "not -to -exceed" fee will not be exceeded without written authorization by the City. The individual task fees may be adjusted without written authorization provided the adjustments stay within the total "not -to -exceed" limit. Schedule GHD proposes to perform the scope of services immediately upon receipt of written Notice -to - Proceed. Please do not hesitate to contact us if you have any questions or need additional information. Kind regards, GHD Inc. Jim Winter, PE Construction Manager Attachment: GHD Rate Sheet, GHD Project Estimating Sheet PROJECT NAME: PREPARED BY: GHD Inc - PROJECT ESTIMATING SHEET SHT# 1 of 1 Wilfred Avenue Rehabilitation Project Jim Winter PROJECT # Date CLIENT: 2016-09 June 10, 2016 City of Rohnert Park On -Site Inspector Construction Manager Principal In Charge Steve Espinoza Jim Winter Iver Skavdal * OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo -copies and other misc. direct expenses. FEE COMPUTATION Principal In Construction On -Site LABOR CATEGORY> Charge Manager Inspector TOTAL Other Direct TOTAL 30 Working Days RATE> $220 $170 $140 HOURS Other Costs* FEE 1 month Construction period TASK /HR /HR /HR Services $6 or $11 month Inspection period Phase 1: Contract Administration Task 1.1 1 1 2 weekly coorespondence Perform Project Coordination $ - $ 85 $ - $ 3 $ 88 0.25 hours Task 1.2 5 2 7 3 Preparation 1 hour meeting Prepare and Conduct Preconstruction Meeting $ - $ 850 $ 280 $ 42 $ 1,172 1 hr Meeting notes Task 1.3 4 4 2 bi-weekly contractor meetings Conduct and Document Project Meetings $ - $ 680 $ - $ 24 $ 704 1.0 hr, notes & agenda 1 hr meeting Task 1.4 1 1 2 1 Review Schedule Review Contractors Construction Schedule $ - $ 85 $ 140 $ 9 $ 234 0.5 hr analyze weekly Task 1.5 Maintain logs, inspection reports, Maintain Project Records $ - $ - $ - $ - $ - 3 hrs/week - photos, schedules, and correspondence Task 1.6 2 2 1 pay requests, including final Review and Evaluate Monthly Progress Payments $ - $ 340 $ - $ 12 $ 352 2 hrs each Task 1.7 2 months plus including final Prepare Monthly Progress Reports $ - $ - $ - $ - $ - hrs for writing each Task 1.8 4 4 4 Assumed Number of RFI's/RFC's Respond to RFI's and Issue RFC's $ - $ 680 $ - $ 24 $ 704 1.0 hrs each Task 1.9 2 2 1 Assumed Number of PCO's Prepare PCO's and Change Orders $ - $ 340 $ - $ 12 $ 352 2 hrs each Task 1.10 4 4 7 Assumed Number of shop drawings/submittals Coordinate Submittal and Shop Drawing Review $ - $ 595 $ - $ 21 $ 616 0.50 hrs each Task 1.11 weeks; Included in 1.4 Monitor Permit Compliance $ - $ - $ - $ - $ - hrs per week; permits & coordination Task 1.12 Months Monitor Construction Record Drawings $ - $ - $ - $ - $ - hrs per month Included in 1.4 Task 1.13 Assumed Number Perform Claims Management $ - $ - $ - $ - $ - hrs each Not included, if requested Task 1.14 140 140 40 hours per week inspection Additional Inspector Provide Field Inspection/Observation $ - $ - $ 19,600 $ 1,540 $ 21,140 4 weeks working days Task 1.15 4 4 Prior to Pre -construction Prepare Photograph and Video Documentation $ - $ - $ 560 $ 24 $ 584 Task 1.16 Document field changes to drawings Field Changes $ - $ - $ - $ - $ - or specifications. Included in 1.4 Task 1.17 Hours per week Prepare/Review Daily Observation Reports $ - $ - $ - $ - $ - Included in Task 1.14 Task 1.18 Coordinate Materials Testing I $ - I $ - $ I $ - $ - I Included in Task 1.14 Sub -Total 22 147 169 $ - $ 1,711 25,946 $ - $ 3,655 $ 20,580 Phase 2: Project Completion Task 2.1 4 4 Develop Punchlist $ - $ - $ 560 $ 24 $ 584 Task 2.2 Record Drawings, warranty items Compile Final Documents $ - $ - $ - $ - $ - indexes, logs and binders Task 2.3 Final pay request, coordinate retention release Notice of Completion I $ - $ - $ - I I I $ - I $ - I City Council Agenda City to provide Sub -Total 4 4 $ - $ 24 584 $ - $ - $ 560 Project Totals 22 151 173$222,000.00 Construction Estimate $ - $ 3,655 $ 21,140 $ - $ 1,882 $ 26,530 12.0% of Construction * OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo -copies and other misc. direct expenses. GHD, INC. TASK ORDER NO. 2016-06 CITY OF ROHNERT PARK AND GHD, INC. AUTHORIZATION TO PROVIDE CONSTURCTION MANAGEMENT SERVICES FOR WILFRED AVENUE REHABILITATION PROJECT NO. 2016-09 SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct GHD, Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and GHD, Inc. ("Consultant") hereto dated July 12, 2016 SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services, which is attached hereto and incorporated by this reference. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 above shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment "B," which is attached hereto and incorporated by this reference, for an amount not -to -exceed twenty six thousand five hundred thirty dollars ($26,530.00). SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 of this Task Order shall be completed by December 31, 2016 or as extended in writing by the City Manager. SECTION 5 — TERMS AND CONDITIONS All terms and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference and remain in full force and effect. Approved this 12th, day of July, 2016. Signatures on Next Page CITY OF ROHNERT PARK GHD, Inc. Darrin Jenkins, City Manager 7/12/2016 By: Name, Title (Date) Per Minute Order adopted by the Rohnert Park City Council at its meeting of 7/12/2016 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney �L,JJN r pAR,V .� Mission Statement � sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CAL lF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Vanessa Marin, Senior Engineering Technician ITEM NO. 6C5 Agenda Title: Authorize the City Manager to Execute a Master Services Agreement between the City of Rohnert Park and West Yost Associates for Planning and Engineering Consulting Services As Needed RECOMMENDED ACTION: Approve a Resolution Authorizing the City Manager to Execute a Master Services Agreement with West Yost Associates. BACKGROUND: Development Services staff often requires assistance from municipal engineering firms, design service firms, and specialty consulting firms. Staff hires these consultants for three main reasons: • To supplement staffing, • To provide replacement staffing, and • To provide knowledge in areas where staff requires additional expertise Due to the current and projected staff workload, there is a need to call on outside consultants to assist in the various private and public projects for design, construction management, consulting, and other services as needed. To keep City projects on track and development moving forward, it is important to have access to consulting resources when the resources can be used in a cost effective manner. Also, having a consultant available for on-call services can support staff when there are several projects to manage and additional project oversight is required. Also, staff sometimes needs assistance from specialists with a detailed level of expertise when designing municipal projects and completing all of the technical studies required for the City of Rohnert Park. When this occurs, staff needs to hire a consultant with expertise in this field. Since 2004, in order to streamline the process of accessing consultant resources, staff has used "Master Services Agreements" that outline the major terms of the business relationship between the consultant and the City, including insurance and indemnification requirements. Work on specific projects is then authorized by a streamlined "Task Order" which authorizes project - specific scopes and budgets. ANALYSIS: In order to update the Master Services Agreement to meet the City's current needs, staff worked with the City Attorney's office to review and update the contract terms. Thereafter, staff circulated the form of the Master Services Agreement to qualified consultants who have worked with the City or expressed interest in working with City. West Yost Associates is one of the qualified candidates that staff would like to bring on -board. West Yost has specialized expertise in water resources planning and engineering, including water, sewer, ITEM NO. 6C5 recycled water and stormwater systems. The firm has recently opened an office in Santa Rosa, making their staff more accessible to the City. In the past, West Yost Associates has provided consulting work indirectly for infrastructure and constructability review. West Yost Associates has also provided high quality design services for the University District's new water tank. They have exhibited knowledge of the City's procedures as well as quality design skills. To that end, West Yost Associates has offered to be on call for the provision of water, wastewater, stormwater, collection system, and infrastructure regulatory/permitting compliance, planning, design and operations as well as construction management, owner's advisory services and additional support services. West Yost Associates' staff includes engineers, geologists, Geographic Information System analysts, CAD designers, construction managers, inspectors, surveyors, and other technical specialists. If approved, this will be the first Master Agreement that the City has established with West Yost Associates. The Master Services Agreement allows Staff to direct small amounts of work up to $15,000 under the Agreement directly and to award Task Orders for any amount, as approved on a project basis, by going through the proper authorization process. Specifically, as required by the Purchasing Policy, prior to awarding a Task Order under the Master Services Agreement, staff will use a request for qualification process unless a particular consultant provides a unique expertise or experience that supports a "sole source" agreement. The request for qualification process allows staff to compare scope and level of effort between consultants and secure the best value for the City. STRATEGIC PLAN ALIGNMENT: By establishing Master Services Agreements with consultants the staff will use consistently, the City is ensuring the efficient and effective delivery of public services and aligning with Goal C of the Strategic Plan. Staff will also be able to better assist major planned developments by utilizing these consultants which aligns with Goal D of the Strategic Plan. OPTIONS CONSIDERED: There are two options that the City can choose from: 1. The option recommended by staff is to award a Master Agreement to West Yost Associates. This will allow staff to efficiently bring them on for tasks. There are several consultants with Master Agreements which will provide for competition among consultants due to the overlap in the consultant services provided and the use of the request for qualification process for project -specific assignments. 2. The Alternative option, which is not recommended by staff, is to not award a Master Services Agreement to West Yost Associates. If this were the case, Staff will have to set up individual contracts with West Yost Associates for each future project. FISCAL IMPACT/FUNDING SOURCE: The Fiscal Impact of this action is $15,000 which is the maximum award that can be made under the Master Services Agreement without an authorized Task Order. Development Services' 2016-17 budget includes over $700,000 for contractual services, some of which could be executed under the proposed Master Agreement. In addition, the Master Agreement may be used to provide small services supporting budgeted CIP projects and work supporting development agreements with established reimbursement agreements. Additional contract authority for each consultant can only be committed through a separate task order. Task order work is placed into Capital Improvement Project budgets as the projects are planned for accordingly. Prior to issuing a task order, staff will ensure that funds are allocated in the appropriate project's budget. 2 ITEM NO. 6C5 Department Head Approval Date: 06/27/2016 Finance Director Approval Date: 06/22/2016 City Attorney Approval Date: 06/16/2016 City Manager Approval Date: 06/30/2016 Attachments (list in packet assembly order): 1. Resolution Authorizing the City Manager to Execute a Master Agreement with West Yost Associates. 2. Resolution Exhibit A - Master Services Agreement with West Yost Associates 3. West Yost Associates Scope & Rates 3 RESOLUTION NO. 2016-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SERVICE AGREEMENT WITH WEST YOST ASSOCIATES FOR PLANNING AND ENGINEERING CONSULTING SERVICES AS NEEDED WHEREAS; the City desires assistance from municipal engineering firms, design service firms, and specialty consulting firms; and WHEREAS, staff hires consultants to supplement staffing, to provide replacement staffing, and to provide knowledge in areas where the staff require additional expertise; and WHEREAS, there is a need to call on outside consultants to assist in various private and public projects for design, construction management, consulting, and other services as needed; and WHEREAS, West Yost Associates has demonstrated expertise in the provision of consulting services including water, wastewater, stormwater, and infrastructure regulatory/permitting compliance, planning, design and operations and construction management, constructability review and owner's advisory services; and WHEREAS, West Yost Associates has demonstrated knowledge of the City's procedures as well as quality design skills; and WHEREAS, the City wishes to establish a Master Agreement with West Yost Associates to ensure it has access to this expertise when the need arises; and WHEREAS, specific assignments under this Master Agreement will be awarded consistent with the City's Purchasing Policy; and WHEREAS, assignments exceeding the amount that can be directed under the Master Agreement will be issued through Task Orders; and WHEREAS, whether working under these Master Agreements or a Task Order, the services shall not commence without a written notice to proceed from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Master Services Agreement, which is attached hereto, incorporated by reference and included as Attachment A, is hereby approved, subject to minor modification by the City Manager or City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute a Master Services Agreement by and between West Yost Associates, a California Corporation, and the City of Rohnert Park, a municipal corporation, for various private and public projects for design, construction management, consulting, and other services as needed. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk Attachment: Attachment A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-77 MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is entered into as of the twelfth day of July, 2016, by and between the City of Rohnert Park ("City"), a California municipal corporation, and West Yost Associates ("Consultant"), a California Corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain services listed in Exhibit A; and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Senior Engineering Technician is hereby designated as the project manager ("Project Manager"). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign John Goodwin to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City's Purchasing Policy ("Task Order") executed by Consultant and City. Page 1 of 17 OAK #4844-6469-8375 v103 B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. Whether working under this Master Agreement or a Task Order, the services of the Design Professional shall not commence without a written notice to proceed from the City. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Pavment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. Page 2 of 18 OAK #4844-6469-8375 v103 C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 31, 2019 unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, Page 3 of 17 OAK #4844-6469-8375 v103 descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. (1) Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (2) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (3) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or Page 4 of 17 OAK #4844-6469-8375 003 responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, or agents, in the performance of services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City. A. Scope of Obligation. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker's compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant's failure to comply with any of the terms of this Agreement. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant's acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other Page 5 of 17 OAK #4844-6469-8375 v103 benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. As an independent contractor, Consultant hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention By any of the Consultant's employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/ or performance of any services under this Agreement. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. F. Waiver of Subrogation. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, Page 6 of 17 OAK #4844-6469-8375 003 employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for City. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City's sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the amounts and terms of insurance as may be required from time -to -time by City's risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. Page 7 of 17 OAK #4844-6469-8375 v103 C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be Page 8 of 17 OAK #4844-6469-8375 v103 deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 Phone: 707-588-2227 Fax: 707-792-1876 Email: cityclerk@rpcity.org If to Consultant: John Goodwin West Yost Associates 2020 Research Park Drive, Suite 100 Davis, CA 95618 24. Consultant's Books and Records. A. 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 and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or Page 9 of 17 OAK #4844-6469-8375 v103 national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Rohnert Park Municipal Code 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. Page 10 of 17 OAK #4844-6469-8375 003 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authorijy. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 36. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK By: City Manager Date: Per Resolution No. 20 APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk OAK #4844-6469-8375 003 of CONSULTANT By: Title: de�� Date: • Z3 • l CONSULTANT By: /� Title: Date: 4/��/�� Page 11 of 17 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Exhibit C OAK #4844-6469-8375 v103 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. Exhibit C OAK #4844-6469-8375 v103 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to Exhibit C OAK #4844-6469-8375 003 the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 20. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit C OAK #4844-6469-8375 v103 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the duly authorized representativ of the firm of whose address is 6P?o neither I nor the above firm I here represent has: and a and that a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. r / Date igdture 1257802v1A 80078/0012 OAK #4844-6469-8375 v103 West Yost Associates — Services Overview Water Permitting/ Regulatory Drinking Water Regulatory Compliance Distribution System Water Quality and Regulatory Compliance Sanitary Surveys Conservation and SBx7-7 Compliance Water Resource Management/Planning Water Rights, Water Transfers, and Wheeling Arrangements Supply Reliability/Water Portfolio Planning Integrated Regional Water Resources Planning Water and Recycled Water Master Planning Distribution System Master Planning ® Hydraulic Modeling (Selection, Optimization, Calibration, Engineering Analysis, Training) Specialized System Evaluations (Vulnerability Analysis, Wholesale/Resale Interface, Storage Optimization/Siting, etc.) Water Quality/Water Age Analysis Repair and Replacement Program Prioritization Water Master Plans Plus+TM Climate Change Scenarios and Planning Sustainability & Energy Programs Emergency Planning Water Conservation Planning Criticality Assessments Additional Planning Services Water Treatment Plant Planning and Feasibility Studies Taste and Odor Studies and Programs Condition Assessments (Distribution System and Water Treatment Plants) Design — See also Infrastructure Design Water Treatment Plant Design (New, Upgrades and Expansions) Water Treatment Plant Repair/Rehabilitation and Optimization Treatment Alternatives Analysis Treatment Technologies Pilot Testing Operations FA Distribution System Optimization R Unidirectional Flushing Programs Plant Start -Up and Operations Training Operations Optimization 0 0 , Permitting/Regulatory Compliance Groundwater Impact Analysis Groundwater Management Plans 19 State Department of Public Health Services and Regional Water Quality Control Board Coordination Page 1 of 5 1 January 2016 West YostAssociates Services Overview Planning Field Investigations Groundwater Modeling Well Siting GIS Analysis Groundwater Investigations and Basin Management Planning Drought Response/Preparation Aquifer Testing Groundwater Monitoring Plans Feasibility Studies for Conjunctive Use, ASR, Groundwater Banking and Recycled Water Aquifer Storage and Recovery Programs Well Condition Assessments Design — See also Infrastructure Design Groundwater Wells (Monitoring and Production) and Pump Stations Well Redevelopment and Rehabilitation Injection/Extraction, Aquifer Storage and Recovery Wells/Facilities Dewatering Systems and Facilities Groundwater Banking Facilities and Recharge Basins Groundwater Treatment Systems Well Development Bidding Assistance and Construction Oversight Operations 0 Monitoring Program Support V9 Groundwater Facility Optimization and O&M Support Well Performance Assessments Monitoring of Groundwater Levels and Quality ASR System Optimization ® Recharge Basin Percolation Optimization Data Management Stormwater Permitting/Regulatory Compliance M Stormwater Quality Management Planning Stormwater Management Plans Drainage Master Plans Hydraulic Modeling and Analysis for Stormwater/Drainage Systems 3D Hydraulic Modeling and Analysis Floodplain Analysis and Mapping (CLOMRs and LOMRs) Design — See also Infrasiructure Design • Detention, Storage and Conveyance Facilities • Channels and Culverts • Trash Racks and Water Quality Measures • Habitat Restoration Page 2 of 5 1 January 2016 West Yost Associates — Services Overview Wastewater Treatment Planning and Design Permitting/Regulatory Compliance Reports of Waste Discharge Permit Review & Negotiations Analysis of Data/Reasonable Potential Water Quality Studies Mixing Zone Applications/Studies Land Disposal Reports and Studies Planning Treatment Plant Facilities Planning Recycled Water Facilities Planning Water Reuse Studies/Title 22 Sustainability Analysis Using Envision TM Treatment Plant Condition Assessment and Improvement Prioritization Hydraulic/Process Modeling Comprehensive Water Balances for Reuse Sites Source Control Studies 19 Salinity Evaluation and Minimization Plans Nutrient Management Plans Treatment Technologies Pilot Testing Design — See also Infrastructure Design Treatment Plant Facilities/Process Design (Expansion and Component Repair/Replacement for Natural and Conventional Treatment Alternatives) Nutrient Reduction Strategies Advanced Treatment Design (Title 22) Recycled Water Facilities Design Treatment Process Modeling Operations Process Optimization & Rehabilitation Process Trouble Shooting Permitting/Regulatory Compliance Collection System Regulatory Compliance Review and Negotiation of Collection System Permits/Consent Decrees YA Annual Reporting for Consent Decrees and SSMP Requirements kv SSMP Audit Preparation and Support Planning Collection System Master Planning Hydraulic Modeling Sewer System Management Plans Infiltration and Inflow Programs Condition Assessments and Ratings Condition Ratings of Pipes and Manholes Using NASSCO PACP and MACP Maintenance Planning Support and CMMS Optimization Page 3 of 5 1 January 2016 West Yost Associates — Services Overview CCTV Program Development and Support Flow Monitoring Program Development and Support Prioritized/Phased Capital Improvement Program Development Elimination of Cross Connections Development Impact Analysis Design — See also Infrastructure Design Operations M Operational Analysis/Realignment Facility Types • Water Storage Tanks (Concrete and Steel) • Pump Stations (Raw and Potable Water, Sanitary Sewer, and Stormwater) • Water and Recycled Water Transmission Mains • Sewer Pipelines (Trunk, Interceptor, Gravity and Force Mains) • Stormwater Drainage and Detention Facilities • Flood Control Reservoirs/Levees • Site Civil (Grading, Paving, Utilities, and Roadways) Planning Feasibility Studies Pipeline Alignment Studies Surge Analysis Condition Assessments GIS/Mapping and Surveying CEQA & NEPA Support Brownfields Assessment and Clean -Up Phase I and II Environmental Site Assessment Hazardous Materials Preferred Alternatives Analysis including Utility Corridors Remediation Planning and Implementation Storm Water Pollution Prevention Planning Project -Specific Health and Safety Planning Design New Facility Design Pipeline Rehabilitation and Repair (Including: Pipeline CIPP, Sliplining, and Pipe Bursting) Pump Station and Lift Station Rehabilitation and Upgrades Cost Estimating Backyard Main Replacement and Relocation Trenchless Construction Corrosion Permitting and Utility Coordination Page 4 of 5 1 January 2016 West YostSS i S Services Overview • Constructability and Value Engineering Reviews • Bidability Reviews and Bidding Assistance • Construction Contract Administration • Construction Management (2nd and 3rd Party CM) • SRF Funding Assistance • Document Control and Management • Construction Schedule Management • Field Inspection ul Cost Control Monitoring Claims Management Project Closeout Program Management Delivery Strategy Development and Implementation Alternative Delivery (DB, DBO, DBOF, CMAR, etc.) Procurement Management Services Procurement Documents (RFP/RFQ) Performance Specifications (Design, Service Contracts) Public -Private Partnership Strategy Development Evaluation and Selection Process Assistance Contract Negotiations Contract Administration/Construction Management Asset Management W Asset Management/Risk Management Models Integrated Infrastructure Management Utility Management Add itiorla) Support Services • Contract District/City Engineer • Technical Training and Knowledge Transfer • Funding Strategies and Assistance (Including SRF Funding) and Rates and Financing Assistance/Support • GIS/Mapping and Surveying • Stakeholder Coordination, Outreach and Communications Support (Presentations, Graphics, Flyers, Newsletters, etc.) • CEQA/NEPA Support Intranet/Website and Social Media Support Page 5 of 5 1 January 2016 WEST YOST ki$W 2016 Billing Rate Schedule Ad (Effective January 1, 2016 through December 31, 2016)` A550CIATES Consulting Engineers ENGINEERING • Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. • Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, Travel, etc. will be billed at actual cost plus 15%. • Mileage will be billed at the current Federal Rate. • Subconsultants will be billed at actual cost plus 10%. • Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. • A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. Continues on following page *This schedule is updated annually WEST YOST k&,�Ao ASSOCIATES Considting Engineers 2016 Billing Rate Schedule (Effective January 1, 2016 through December 31, 2016)` CONSTRUCTION MANAGEMENT SURVEYING EQUIPMENT CHARGES pH Meter 5 Automatic Sampler 13E Transducer/Data Logger j 43 Hydrant Pressure Recorder (HPR) Well Sounder 30 Ultrasonic Flow Meter — Vehicle 92 Water Quality Multimeter 183 *This schedule is updated annually 27 740 214 52 214 34 139 280 463 68 1003 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6C6 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT July 12, 2016 Public Works and Community Services John McArthur, Director of Public Works & Community Services Terrie Zwillinger, Project Coordinator Appropriation of Bond Funds for the Senior Center HVAC Replacement Project No. 2017-13 RECOMMENDED ACTION: Adopt a Resolution to Appropriate 2007R Tax Allocation Bond (TAB) Proceeds to the City's Capital Improvement Project 2017-13 BACKGROUND: The Senior Center has eleven HVAC units that heat and cool the building. Three of these units have been replaced over the last several years, however the remaining eight units are in critical need of replacement. The Senior Center HVAC Replacement Project was identified as a priority project in the City's Public Facilities Project Priority List for 2007R Tax Allocation Bond (TAB) expenditures, however was not funded in the FY 2016/17 Budget. It was anticipated that this project would be funded in the FY 2017/18 Budget. The funding for construction of the project was included in the Recognized Obligation Payment Schedule (ROPS) for the January 2016 period. The funds from the 2007R TAB Proceeds for this and other previously identified facility projects have been approved by City Council, the Oversight Board, and the State Department of Finance for expenditure. ANALYSIS: One of the nine HVAC units failed at the beginning of June, 2016. This unit is critical to provide cooling to the leased (former Annex) portion of the building. Therefore, the unit needed to be replaced on an emergency basis. A contract with Peterson Mechanical is in the process of being executed in July 2016 in the amount of $8,410 and the unit will be replaced immediately thereafter. In light of the emergency situation, the failed HVAC unit will be replaced in FY 2016/17. The funds that are tied to the Capital Improvement Projects were to be proposed in the FY 2017/18 Budget, and need to be appropriated in FY 16/17. During the FY 16-17 Budget Study Sessions held on April 25th and 26th, the Council had no questions on the project. Therefore, we request that the funds be appropriated in FY 16/17 to fund the replacements. The remaining seven units will soon be advertised for replacement via the City's informal bidding process. ITEM NO. 6C6 STRATEGIC PLAN ALIGNMENT: This project is consistent with Strategic Plan Goal D2 — Improve Transportation and Infrastructure. OPTIONS CONSIDERED: I . Staff recommends that the City Council authorize the Finance Director to appropriate $100,000 of 2007R Tax Allocation Bond (TAB) Proceeds to the City's Capital Improvement Project 2017-13. Staff recommends this option. 2. Option 1: The emergency project could be funded through the General Fund since there are no other funding sources identified for this project. However, this project is identified in the 2007R TAB Proceeds and using General Fund monies is not a good use of these funds. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The Senior Center HVAC Replacement Project was originally proposed in the 2007R BOND Proceeds list as a priority project to be potentially funded in the FY 17/18 budget. Due to the emergency nature of the replacement, staff is requesting to move the appropriation of $100,000 to FY 2016/17. Department Head Approval Date: June 24, 2016 Finance Director Approval Date: June 30, 2016 City Attorney Approval Date: N/A City Manager Approval Date: July 5, 2016 Attachments: 1. Resolution 2 RESOLUTION NO. 2016-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FINANCE DIRECTOR TO INCREASE APPROPRIATIONS BY $100,000 TO THE CAPITAL IMPROVEMENT PROJECT 2017-13 SENIOR CENTER HVAC REPLACEMENT PROJECT FUNDED BY 2007R TAX ALLOCATION BOND PROCEEDS AND ANY OTHER TRANSACTIONS NECESSARY TO FUND THE PROJECT WHEREAS, on September 22, 2015, the City Council of the City of Rohnert Park ("City") approved a list of proposed public improvements to be funded from bonds proceeds ("Proposed Public Improvements"); and WHEREAS, on September 24, 2015 the Oversight Board, by adoption of Resolution No. 2015-05, found that the Proposed Public Improvements are consistent with the Bond's covenants and directed the staff of the Successor Agency to include all or a portion of the expenditures from the Excess Bond Proceeds for the Proposed Public Improvements on the ROPS 15-16B (January -June 2016) period; and WHEREAS, on September 24, 2015, the Oversight Board approved and authorized the execution of the Agreement Regarding Expenditure of Excess Bond Proceeds ("Bond Agreement") for expenditure of excess bond proceeds directed by successor Agency staff to include the Bond Agreement on the ROPS for the January -June 2016 (ROPS 15-16B); and WHEREAS, on November 5, 2015, the Department of Finance approved the Bond Agreement; and WHEREAS, at the beginning of May 2016 one of the eleven HVAC units critical to provide cooling to the leased (former Annex) portion of the Senior Center Building failed; and WHEREAS, the failed HVAC unit needed to be replaced on an emergency basis; and WHEREAS, the funds for the replacement need to be appropriated in FY 16/17 to appropriately fund the project. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it hereby authorizes the Director of Finance to appropriate $100,000 of 2007 R bond proceeds to the Capital Improvements Project 2017-13 Senior Center HVAC Replacement project account number 324-1713-400-9901 and any other transaction necessary to fund the project. (1) DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( (2) 2016-78 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6D Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT July 12, 2016 Public Works and Community Services John McArthur, Director of Public Works and Community Services Terrie Zwillinger, Project Coordinator Authorize the City Manager to Execute the First Amendment to Construction Management and Inspection Services Agreement with Brelje & Race Consulting Engineers for Public Safety Main HVAC System Replacement Project RECOMMENDED ACTION: Authorize the City Manager to Execute the First Amendment to Construction Management and Inspection Services Agreement with Brelje & Race Consulting Engineers for Public Safety Main HVAC System Replacement Project in the amount of $7,800. BACKGROUND: Brelje & Race was one of several firms selected through the On -Call Construction Management and Inspection RFP solicited by the City in 2015. On August 31, 2015 the City entered into a Construction Management and Inspection Agreement with Brelje & Race Consulting Civil Engineers in the amount of $29,400. ANALYSIS: The original Task Order was for construction management and inspection services during construction of the Public Safety Main HVAC System Replacement Project. The original scope provided for part-time field inspection based on a 140 calendar day construction contract. The contract end date was originally March 9, 2016, but due to numerous changes and time delay related to the boiler pump relocation, chiller frame installation and chiller component relocation, the contract days were extended. In addition, there were more change order requests and multiple reviews of submittals than anticipated in the original scope. The additional services would be added to the original scope of services as identified in the Construction Management and Inspection Services Agreement dated August 31, 2015. The additional services cost is $7,800 for a total contract value of $37,200. The amendment is within the total project budget of $1,004,728.83, as outlined below in Table 1. After approval of Amendment No. 1, there is still $22,013.83 remaining in the project budget. ITEM NO. 6D Table 1: Public Safety Main HVAC System Replacement Project - Budget Breakdown Total Project Budget* $1,004,728.23 Construction Contract with Change Orders 867,958.00 Design Engineer Costs 49,895.00 Brelje & Race CM/Inspection 29,400.00 Bre je & Race CM/Inspection Amend No.] 7,800.00 Potable Water Booster Pump Station Abandonment 2,745.00 Print and mailers 2,320.00 Staff labor, permits and legal 30,342.00 PG&E Rebate (7,745.00) Total Expenditures 982,715.00 *Funding Sources: 2007R BONDS 682,526.00 PG&E Loan 268,906.83 Supplemental/Mid Year Adjustment Mitigation Funds 53,296.00 Total 1,004,728.83 STRATEGIC PLAN ALIGNMENT: This item follows the Strategic Plan Item D.2 by improving infrastructure. OPTIONS CONSIDERED: 1. Staff recommends amending the Construction Management and Inspection Agreement with Brelje & Race for the Public Safety Main HVAC System Replacement Project in an amount not to exceed $7,800. City staff negotiated with Brelje & Race and reduced the remaining inspection hours on the project. Staff recommends this option. 2. Option 1: Staff considered not changing the scope of Brelje & Race's contract, and does not recommend this option because their inspection and construction management services are needed through the end of the job. FISCAL IMPACT/FUNDING SOURCE: The total project funding has sufficient funds to accommodate the addition of the $7,800 Construction Management and Inspection Amendment. Note: Staff does not anticipate additional expenses on this project. 2 ITEM NO. 61) Department Head Approval Date: 06/02/16 Finance Director Approval Date: 06/24/16 City Attorney Approval Date: N/A City Manager Approval Date: 6/30/16 Attachments (list in packet assembly order): 1. Amendment No. 1 to Construction Management and Inspection Agreement with Brelje & Race Consulting Engineers FIRST AMENDMENT TO THE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AGREEMENT WITH BRELJE & RACE CONSULTING CIVIL ENGINEERS FOR ADDITIONAL SERVICES FOR THE PUBLIC SAFETY MAIN HVAC SYSTEM REPLACEMENT PROJECT NO. 2014-02 This First Amendment to the Agreement between the City of Rohnert Park ("City") and Brelje & Race Consulting Civil Engineers ("Consultant") for additional services ("First Amendment") is entered into as of the day of 2016, ("Effective Date"), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled "Construction Management and Inspection Services Agreement" dated August 31, 2015, and authorized through Purchasing Policy 441.1.5 adopted by Resolution 2012-22, for the amount of $29,400. B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement, Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the services described in this First Amendment for a total not -to -exceed amount of Seven Thousand, Eight Hundred Dollars ($7,800). 3. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect. 4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK: By: Darrin Jenkins, City Manager Per Minute Order on Council Meeting (Date) BRELJE & RACE CONSULTING CIVIL ENGINEERS: By: Name: City Title: M:\00_Agendas - City Council\07-12-2016\6D PSM02 B&R Amend No. 1 PSM HVAC.docx (Date) Updated: 2010-06-21 X,01ANBRT pA,tr� L9JJ� �CALIFo1111J Meeting Date Department ITEM NO. 6E Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY COUNCIL AGENDA REPORT July 12, 2016 Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Increase Change Order Authority by $40,000 for the Rohnert Park Expressway Rehabilitation Project Phase 1 (Project No. 2013-01) To Maximize Grant Eligible Costs RECOMMENDED ACTION: By Minute Order, Authorize the City Manager to Execute an Additional $40,000 of Change Orders for the Rohnert Park Expressway Rehabilitation Project Phase 1 (Project No. 2013-01) To Maximize Grant Eligible Costs. BACKGROUND: The Rohnert Park Expressway Rehabilitation Project Phase 1 is a significant capital improvement project for which the City has received an obligation of federal funds, through the One Bay Area Grant (OBAG) Program, for 53.72% of the project construction costs up to $1,102,400. The City's adopted and approved budget for this project is $2,653,164 (Fiscal Year 2014-15 Capital Improvement Program). Under this budget the local match is $1,559,764 and is provided from Casino Mitigation and Gas Tax funds. The City received a very favorable initial bid of $1,289,908.39 million for the project. Based on the federal reimbursement ratio, the federal grant can be expected to cover $692,938.80, which provides the City with the ability to fund eligible change order work under the grant. To date, the City Council authorized the City Manager to execute change orders in a total amount of $410,100. The City has processed two change orders which total $364,423.76 and has $31,976.24 of pending change order work associated with final paving activities. With the pending change orders, authorized change orders will be $396,400 which can accommodated within the existing authorization. At this point, staff anticipates the total project cost will be $1,686,300.39; of which $905,880.57 will be reimbursed, which is less than the total grant available to the City. However, as the project nears completion, staff has realized that an additional safety item should be included in the project, which will help maximize the use of federal grant funds. Staff has identified shoulder backing along both sides of the median as being necessary and eligible under federal grants guidelines. In order to proceed with this change, an increase of $40,000 to the Change Order Authority is requested. ANALYSIS: The design of the Rohnert Park Expressway Rehabilitation Project included a three-inch overlay. Because of irregularities in the existing surface of Rohnert Park Expressway, there are areas along the inside shoulder where the actual depth of asphalt placed exceeded three inches and in some areas this has created a rather sharp drop off between the edge of pavement and the surface of median strip. This drop off is mitigated to some extent by an inside shoulder. ITEM NO. However the installation of "shoulder backing" material, such as aggregate base, will create a smoother sloped transition between the edge of pavement and the median. The estimated cost of this material is $49,000. As described above, the City Manager has been authorized to execute change orders up to $410,000. Current approved change orders and pending extra work total $396,400, leaving $13,600 in remaining authority, which can be applied to offset the cost of the proposed shoulder backing. However, $35,400 in additional authority is required to complete the shoulder back work. This increase can be accommodated within the approved project budget and grant allowance and staff is requesting to increase in the City's Manager's Change Order Authority by $40,000 to accomplish this extra work. If approved, the total authorized Change Order Authority would be $450,100 and the total construction contract cost would be $1,740,008.39. STRATEGIC PLAN ALIGNMENT: Adding additional features to the Rohnert Park Expressway Rehabilitation Project Phase 1 is consistent with Strategic Plan GOAL C — ensure the effective delivery of public services and GOAL D — continue to develop a vibrant community. OPTIONS CONSIDERED: 1. Increase the City Manager's Change Order Authority to allow additional enhancements to be incorporated in the project (recommended action). While increasing project cost, this option provides the best project for the community, increases the use of outside grant funds, and can be accommodated within the approved budget. 2. Leave out shoulder backing. This option is not recommended, as this action is not consistent with best construction practices and budget is available to accomplish the work. FISCAL IMPACT/FUNDING SOURCE: This request has a fiscal impact of $40,000. This funding increase can be accomplished within the existing budget for the project. Funding sources for the project includes the OBAG grant, gas tax and casino mitigation funds. Department Head Approval Date: 6/29/2016 Finance Director Approval Date: 6/28/2016 City Attorney Approval Date: 6/20/2016 City Manager Approval Date: 6/30/2016 2 N6RT Pp$k +� Mission Statement ,g sa "We Care for Our Residents by Working Together to Build a 000 Better Community for Today and Tomorrow." CAL1 F©RN7P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager ITEM NO. 7 Agenda Title: 2016 Mid -year Status Report on Implementation of Rohnert Park Strategic Plan RECOMMENDED ACTION: Staff is requesting that the City Council receive and accept the 2016 Mid -year Status Report on implementation of the City's Strategic Plan. The City adopted a Strategic Plan in December, 2011 to guide the organization and communicate our mission, vision, and values to the community. In 2012, the City adopted an Implementation Plan to help move from values to action. The City has updated the Strategic Plan and Implementation Action Plan periodically from 2013 through February, 2016. The purpose of this item is to provide an update to the Council on progress associated with the Strategic Plan. As with other updates, staff will present the progress via a PowerPoint presentation during the Council meeting. The report will reflect changes in the strategies and action plan adopted by the Council in February, 2016; these strategies support the enduring goals of the Strategic Plan. In particular, the goals and most recent strategies include: Goal A: Practice Participative Leadership at All Levels Strategies • Communicate with the community and team members in identifying priorities and possibilities. • Implement organizational development practices. Goal B: Achieve and Maintain Financial Stability Strategies • Implement the economic development program. • Prepare current and future financial condition assessment. • Establish financial policies, procedures and systems that represent best practices. • Identify new and innovative ways to increase revenues. ITEM NO. 7 Goal C: Ensure the Effective Delivery of Public Services Strategies • Deliver the highest quality services in the most cost-efficient manner with an emphasis on excellent customer service. • Improve accountability and continuous improvement through performance measurement and managing for results. • Integrate technology into operations. Goal D: Continue to Develop a Vibrant Community Strategies • Support implementation of major planned developments. • Improve transportation and infrastructure. • Integrate State Farm/SMART train/City Center Plans into a Priority Development Area. • Implement mandated programs. • Improve public facilities, programs and services to meet the changing needs of the community. ALIGNMENT WITH STRATEGIC PLAN: This report reflects the Strategic Plan's value of communicating with the City Council, residents, and staff. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends receiving the report to help the City continue to adhere to the Strategic Plan. 2. Alternative: Staff did not consider alternatives. The City Council can provide direction on the Strategic Plan. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact from receiving and accepting this status report. The Strategic Plan activities are incorporated in the Adopted Budgets. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: July 7, 2016 2 City of Rohnert Park Strategic Plan Status Report visa MIS ssio VALUES Ak,OW I k STRATEGY July 12, 2016 " We care for our residents by working together to build a better community for today and tomorrow' City of Rohnert Park Mission Statement Up- F -FOS AT WI PO �. w ,we ARE Toqekw 4v &Aid A ae+*,�Y CoVIMOV19 -Fav -W" a4tt To + irk. � � ) Strategic Plan Goals GOAL A: Practice Participative Leadership at all Levels GOAL B: Achieve and Maintain Financial Stability GOAL C: Ensure the Effective Delivery of Public Services GOAL D: Continue to Develop a Vibrant Community Al: Communicate with the community and team members in identifying priorities and possibilities Completed Community Survey Community Meetings: Coffee with a Cop Rohnert Park/Cotati Health Action Chapter Cotati-Rohnert Park Chapter of Realtors Concerned Citizens of Rohnert Park Las Casitas Mobile Home Park University Elementary PTSA More Community Meetings .. . • Chamber of Commerce "Noon Times" Waldo Rohnert/John Reed PTA Town Hall Meetings Rotary Club Technology High School PTSA Lawrence Jones Middle School PTSA Rancho Grande Mobile Home Park Monte Vista Elementary School PTA A2: Implement organization development practices Continuing "Investing in Me" Program for Professional Development Developing Training Agreement with Sonoma County Internal Employee Satisfaction Survey Coming Soon JAL Ian B1: Implement the Economic Development Program Sportsman's Warehouse Traditional Medicinals: Fall Oxford Hotel & Suites: December Bear Republic: Winter More Economic Development Business visitations Met with Builders Exchange to showcase RP practices Marketing Plan Deliverables: Brochure & Website with Strong Messages B2: Assess Condition of City Finances Developed new 10 year financial model Established/funded trust funds for pensions and health care B3: Establish best practice financial policies, procedures and systems Adopted another balanced budget Paying down debt and liabilities Adopted Policy for Use of Facility Fees Continued replacement funding for Information Technology Hardware Adopted new purchasing policy - �- CII: Deliver the highest quality services in the most cost-efficient manner Achieved full staffing and adding patrol staff in Public Safety Survey says: High ratings for City services D C3: Improve accountability and continuous improvement through performance measurement 100% of permits approved within timeframes Permit processing cost recovery at 99% Little Mermaid - Highest PAC attendance and earnings Recreation services cost recovery over 70% 5:40 average fire response time Public Safety Investigations Unit 173 new cases 137 cases closed 23 cases referred to District Attorney C4: Integrate technology into operations Implementing Body Cameras Expanding video surveillance at intersections and City buildings � Implemented requests SURYEILLAMCE automated building inspection Replacing core network infrastructure Expanding network to more facilities Launching new web site Adding a Position in IT D1: Support Implementation of Major Planned Developments University District construction underway Southeast Specific Plan construction coming soon Most Stadium Lands units completed II D2: Improve Transportation and Infrastructure Library parking lot repaving Sports Center locker room rehabilitation Public Safety HVAC replacement B -Pool renovation Dowdell & Carlson Ave. reconstruction D3: Integrate State Farm/SMART Train/City Center Plans into a Priority Development Area Central RP Plan approved First application for preschool submitted entral ohnert ark f Priority a Development a y ,area Plan a a 1 r r a a a a t J a f J D4: Implement Mandated Programs Chairing Waste Management Agency Reached 2020 water conservation target Met or Exceeded all Water Quality Standards i ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 8 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 12, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Consideration of the Vacation of Willis Avenue and Related Actions RECOMMENDED ACTION: Conduct a Public Hearing on the Vacation of Willis Avenue and Approve a Resolution of the City Council of the City of Rohnert Park Vacating a Section of 40 -Foot Wide Public Right -of -Way in Favor of Assessor's Parcel Numbers 045-082-057, 045- 082-065, 045-075-005, 045-075-006, 045-082-035 and 045-082-058 and Finding the Action Consistent with the Environmental Impact Report for the Wilfred Dowdell Specific Plan Area. BACKGROUND: "Old" Willis (also known as Bloom) Avenue is a "paper street" running in a north—south direction within the Wilfred Dowdell Specific Plan Area (see Attachment 1). The Wilfred Dowdell Specific Plan includes abandoning this right-of-way as part of creating an overall circulation pattern that relies on Dowdell Avenue as the north -south street and "new" Willis Avenue as an east -west street connecting Redwood and Dowdell Avenues. A portion of the "new" Willis Avenue has been constructed and currently serves as the access for the In -and - Out Restaurant and a Shell Gas Station. Under its Resolution 92-118, the City Council has abandoned a portion of the original paper street, leaving the remainder strip, which is the subject of this proposed action. This strip is not currently utilized for access purposes nor is it ever planned to be used for access purposes. Because a portion of the parking for the Sportsman's Warehouse is located within the limits of "old" Willis Avenue, the developer of the Sportsman's Warehouse (address 5196 Redwood Drive) was conditioned to pursue the vacation of this remaining right-of-way. The vacation process also brings the right-of-way configurations in the area into closer conformance with the Wilfred Dowdell Specific Plan. The developer of the Sportsman's Warehouse has submitted a complete application for the vacation and has documented that aside from an existing storm drain, which will remain in a reserved easement, there are no public or private utility conflicts associated with the vacation. On June 14, 2016 the City Council initiated the vacation process. In accordance with Streets and Highways Code, a public hearing was set for July 12, 2016, which is more than 15 -days from the date of initiation. The City Council also directed the publishing and posting of the public hearing notice, which has been accomplished. On June 21, 2016, the City's Planning Commission considered the proposed vacation of Willis Avenue and found the vacation consistent with the City's General Plan, including the Wilfred Dowdell Specific Plan. ITEM NO. 8 ANALYSIS: Streets and Highways Code Section 8320 provides a process by which the City can vacate surplus right-of-way. This process includes a Resolution of Initiation, a Finding of General Plan consistency and a Public Hearing. This process is particularly suited to the proposed vacation of "old" Willis Avenue, because use of this historic right-of-way is not consistent with the General Plan or the Wilfred Dowdell Specific Plan. As described above, the City vacated a portion of this "paper street" in 1992 to allow for the development of several parcels directly north of Business Park Drive. The current proposal will complete the vacation of the right-of-way south of "new" Willis Avenue and allow the Sportsman's Warehouse project to satisfy its conditions of approval. Consistent with the Wilfred Dowdell Specific Plan, the City will retain an easement for storm drainage purposes over the vacated right-of-way. The applicant has provided the City with evidence that private utilities have no facilities in the right-of-way and that the U.S. Post Office does not show property with addresses along the right-of-way. The right-of-way is currently undeveloped, except for the Sportsman's Warehouse parking area, and no access conflicts will be created. The vacation, as proposed, will result in the dedication of the surplus right-of-way to the following parcels: • Assessor's Parcel Numbers 045-082-057 & 065 - Tiffany Manor LP (Sportsman's Warehouse); • Assessor's Parcel Number 045-075-005 — Sebastopol CO-OP LLC; • Assessor's Parcel Number 045-075-006 — Kenneth C. Martin & Donna Martin Living Trust (60% interest) and Sebastopol CO-OP LLC (40% interest); • Assessor's Parcel Number 045-082-035 & 058 JMS Property LLC. While the Conditions of Approval for Sportsman's Warehouse could be satisfied by vacating only the portion of the right-of-way adjacent to the two parcels associated with Sportsman's Warehouse, completing the vacation at this point has several advantages for the City. First, the level of effort with completing the vacation is minimized by having the remainder strip vacated in a single action rather than a series of actions. Secondly, the single action brings the parcel configurations into compliance with the Wilfred Dowdell Specific Plan, eliminating the need for future vacations as development proposals come forward. CEQA Analysis: On September 23, 2008, the City Council adopted Resolution 2008-155 Certifying the Environmental Impact Report (EIR) for the Wilfred Dowdell Specific Plan Area. Included within the Project Description of this EIR was the proposal to abandon "old" Willis Avenue or Bloom Street, a north -south "paper" street, in favor of a circulation plan that focused on Dowdell Avenue as the north -south street and "new" Willis Avenue as an east -west street. As noted above, a portion of the new Willis Avenue has been constructed. The EIR also calls for retaining a storm drainage easement in the "old" Willis Avenue right-of-way. The proposed action, which calls for abandoning the "old" Willis Avenue right-of-way and retaining a storm drain easement, is consistent with the Project Description and therefore any impacts associated with this action are covered within the certified EIR. STRATEGIC PLAN ALIGNMENT: Processing the application for vacation of right-of-way is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The vacation is consistent with the Wilfred Dowdell Specific Plan and the approved Planning Application for the Sportsman's Warehouse project. 2 ITEM NO. 8 FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the City by vacating portion of Willis Avenue right-of-way. The developer has paid all costs associated with vacation action and has entered into an informal reimbursement agreement with the City to cover the costs of processing the application. Department Head Approval Date: 06/26/2016 Finance Director Approval Date: N/A City Attorney Approval Date: 06/28/2016 City Manager Approval Date: 06/30/2016 Attachments (list in packet assembly order): 1. Location Map 2. Resolution of the City Council of the City of Rohnert Park Vacating a 40 Foot Wide Public Right -of -Way in Favor of Assessor's Parcel Numbers 045-082-057, 045-082 065, 045-075-005, 045-075-006, 045-082-035 and 045-082-058 and Finding the Action Consistent with the Environmental Impact Report for the Wilfred Dowdell Specific Plan Area. 3. Resolution Exhibits A-1 and B-1 Plat and Legal Description in Favor of Assessor's Parcel Numbers 045-082-057 and 045-082 065 4. Resolution Exhibit A -2a and B-2 Plat and Legal Description in Favor of Assessor's Parcel Number 045-075-005 5. Resolution Exhibit A -2b and B-2 Plat and Legal Description in Favor of Assessor's Parcel Number 045-075-006 6. Resolution Exhibit A-3 and B-3 Plat and Legal Description in Favor of Assessor's Parcel Numbers 045-082-035 and 045-082-058 JMS Property d h I o to o � � f a. o ao co � ff11�� b Lfl 2 `yl OI > p O N Kv N / ti o WY I I V rya '1� 75f.4B �' o 7 �1 h I� 2 N8s8a5s'W 26.79 WILFRED AVENUE S 11'1411-1 /- 779.34 J7.66 E M N 76'sb69 u Q) ° N m N � 39.32 h I S" (66.561 0 5 loo hO h O .N• Q � \ �d Z N� v J V� R2 ig3 � ro I iFs? o, I �bs7> 64.87: BUSINESS PARK DRIVE SIV O W ni b v 1 Qv� Qh L� L� I n I O W W r./ O Q ¢ c C Qa Q� Qh V ] 2 Ci Ci Ci to o � � f a. o ao co � ff11�� b Lfl 2 `yl OI > p O N Kv N / ti o WY I I V rya '1� 75f.4B �' o 7 �1 h I� 2 N8s8a5s'W 26.79 WILFRED AVENUE S 11'1411-1 /- 779.34 J7.66 E M N 76'sb69 u Q) ° N m N � 39.32 h I S" (66.561 0 5 loo hO h O .N• Q � \ �d Z N� v J V� R2 ig3 � ro I iFs? o, I �bs7> 64.87: BUSINESS PARK DRIVE SIV O RESOLUTION NO. 2016-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK VACATING A 40 -FOOT WIDE PUBLIC RIGHT-OF-WAY IN FAVOR OF ASSESSOR'S PARCEL NUMBERS 045-082-057, 045-082 065, 045-075-005, 045-075- 006,045-082-035 AND 045-082-058 AND FINDING THE ACTION CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT FOR THE WILFRED DOWDELL SPECIFIC PLAN AREA WHEREAS, on July 14, 1992, the City Council of the City of Rohnert Park (City Council) approved Resolution 1992-118 which abandoned and vacated approximately 465 feet of the 40 -foot wide public right-of-way known as Willis (Bloom) Avenue; and WHEREAS, on September 23, 2008, the City Council approved Resolution 2008-155 certifying the Environmental Impact Report for the Wilfred Dowdell Specific Plan which included the vacation of the remaining right-of-way of Willis (Bloom) Avenue; and WHEREAS, when it considered the Planning Application for the Sportsman's Warehouse Project, the City required the vacation of approximately 760 feet of the remaining 40 -foot wide public road right-of-way as a condition of the approval of that project; and WHEREAS, the Developer of the Sportsman's Warehouse Project has submitted a complete application to support the vacation of the public -right-of-way including a petition, plats, legal descriptions, and confirmation from other public agencies and private utilities that the right-of-way is not necessary; and WHEREAS, Streets & Highways Code Section 8320 et.seq. provides that the City may act on this application and undertake the vacation process on its own initiative; and WHEREAS; on June 14, 2016 the City Council approved Resolution 2016-058 initiating the vacation, setting a Public Hearing for July 12, 2016 and directing related actions; and WHEREAS, Government Code 65402 provides that the Planning Commission must make a finding of General Plan consistency before certain public easements or rights-of-way can should be vacated and or abandoned; and WHEREAS, on June 21, 2016, the Planning Commission did hold a Public Hearing regarding the vacation and made determination of General Plan Consistency; and WHEREAS, after considering the matter, the City Council has determined that the aforesaidpublic right-of-way should be abandoned based upon the following findings: 1. That the portion of road right-of-way referred to as Willis (Bloom) Avenue is not needed as a public roadway. 2. That alternate roadways will be constructed to serve the adjacent property owners and general public. 3. That the road right-of-way is not necessary and it would be in the best interest of the public health, safety and welfare to abandon the aforesaid public road: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the vacation of approximately 760 feet of Willis (Bloom) Avenue is covered under within the scope of the Wilfred Dowdell Specific Plan Environmental Impact Report. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that is does it does hereby authorize and approve vacating a 40 -foot wide public right-of-way in favor of Assessor's Parcel Numbers 045-082-057, 045-082 065, 045-075-005, 045-075-006, 045-082- 035 and 045-082-058 as outlined in the legal descriptions attached as Exhibits A-1, B-1, A -2a, A2 -b, B-2, A-3 and B-3 to this Resolution. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute all documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk Attachments: Exhibits A-1, B-1, A -2a, A2 -b, B-2, A-3 and B-3 AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-79 EXHIBIT A-1 VACATION OF PUBLIC DIGHT OF WAY & INTERESTS A portion of Willis Avenue (formerly Bloom Avenue) City of Rohnert Park, State of California [to be added to the Lands of Tiffany Manor, LP, DN 2003-240180, Sonoma County Records, APN 045-082-057 & 065] All of the easterly one half of Willis Avenue (formerly Bloom Avenue), a 40 foot public right of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on the "Subdivision of Santa Rosa farms No. 2" filed March 7, 1910 in Book 21 of Maps, Page 14, Sonoma County Records, lying; within Lots 169 and 170 as said lots are shown and delineated on said subdivision map. RESERVING FROM THE ABOVE VACATION an easement for Public Storm Drain purposes over the entire parcel described above. ALSO RELINQUISHMENT of all public interest indicated in that "Covenant Burdening Land And Improvements, Willis Avenue" recorded September 16, 1993 under Official Records Document Number 1993-0116758, Sonoma County Records, specifically the dedication of "Right of Way" and "Public Utility Easement". Date: T p.L LAIVb SG�LF o 4 PAUL M. BROWN • No. PLS 5087 i6 E Ln 0 i t- J' Brass Disc stamped RCE U� 20160 in standard street monument well per 543 Maps 46-46 1/2" Iron Pipe tagged RCE 20150 per 543 Maps 46-48 ! or 314" Iron Pipe tagged LS 2757 per 406 Maps 14-15 160 2 W01 Exhiibit B--1 /69 "Rohnert Park Parcel Map No. 157" 543 Maps 46-48 20' strip, easterly 1/2 of Willis A venue, formerly Bloom Avenue, a public right of way per 21 Maps 14, adjacent to Lots 169, 170 22 10' strip, per Co venan t to dedicate right of way per DN 1993-116758 Co venan t to grant Public Utility Easement \ \ser DIV 1993-116758 782 City of Rohnert Park per — DN 1993-116759 4 20' strip, westerly 1/2 of Willis Avenue, formerly Bloom I venue, a public - — — — I righ t of way per 21 Maps- 114, aps114, adjacent Ito Lot 159 j C d Lands of Tffany Man&; LP Qi II DN 2003-240180 I • APN 045-082-057, 065 1/0 � 171 -Record of Surv%V,- 406 Maps 14-15 i87 I `+J o a° �C V 180 This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. � p\- L,4N0 SGS Vacation P/aat Date. -� a- PAUL P sa5M7 City of Rohnert Park, Californicl Rr. F,adobe associates, inc. q Res 6- OFCAS-� civil engineering Mand surveying (wastewater I . wn, PLS 5087 1220 N. Dutton, Ave., Santa Rosa, Ca. 954011 MY license expires 6/30/17 P (707) 541-2300; F (707) 541-2301 Jab No. 15170 APN 045-082-057, 065 June 2015 EXHIBIT A -2a VACATION OF PUBLIC RIGHT OF WAY A portion of Willis Avenue (formerly Bloom Avenue) City of Rohnert Park, State of California [to be added to the Lands of Sebastopol Co -Op, LLC, DN 2006-024154, Sonoma County Records, APN 045-075-0051 All of the Westerly one half of Willis Avenue (formerly Bloom Avenue), a 40 foot public right of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on the "Subdivision of Santa Rosa Farms No. 2" filed March 7, 1910 in Book 21 of Maps, Page 14, Sonoma County Records, lying within Lot 159 as said lot is shown and delineated on said subdivision map, excepting the northerly 12.75 feet of Willis Avenue crossing said Lot 159. Date:4g��/ -A, a PAUL. M. BROWN X No. PLS 5087 ,t Prepared b: 0613911 .Q rown, 5087 �� OF EXHIBIT A -2b VACATION OF PUBLIC RIGHT OF WAY A portion of Willis Avenue (formerly Bloom Avenue) City of Rohnert Park, State of California [to be added to the Lands of Kenneth C. Martin & Donna L. Martin Living `Frust (60% interest) and Sebastopol Co -Op, LLC (40% interest), DN 2006-030696 & DN 2011- 045959, Sonoma County Records, respectively, APN 045-075-0061 All of the Westerly one half of Willis Avenue (formerly Bloom Avenue), a 40 foot public right of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on the "Subdivision of Santa Rosa Farms No. 2" filed March 7, 1910 in Book 21 of Maps, Page 14, Sonoma County Records, lying within Lot 158 as said lot is shown and delineated on said subdivision map. Date: Prepared LANO a� *o. pL5 5087j 11 OF 4 E This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. Exhibit 3-2 11 II II iI I Sebastopol CO-OP, LLC DN 2006-024150 � J APN 045-075-005 SII � I I 15.9 Q vl I oa Kenneth C. Martin & �� ° I I Donna L Martin Llvinyl a I I Trust (60X Interest) :z Qr' o, Sebastopol CO-OP, LLC ;- (40X in teres t) DN 2006-030696 15 c t; 1 DN 2011-045959 S Q. I I APN 045-075-006 [� 'z�I 1 '� 1 1 20' strip, westerly 1/2 of I I Mils Avenue, formerly Bloom Q I I I Avenue, a 40' public right I I of way per 21 Maps 14kJ I , adjacent to Lots 158, 159, Q I I excepting the northerly I 12.75' of Willis A venue across Lot 159 I I � 169 Lands of Many --Manor, LP DIV 2003-240980 170 0 77, 6s 082- 1 I j 771 � 1 Oji!S Property, LLC DN 1999-088089 DN 2002-086410 APN 045- 082- 035 APN 045-082-058 "Record of Survey" I 406 Maps 14--15 I I I I I I I I I III I II Business Park Drive X5087 my lic se expires 6/30/17 Job No. 15170 Q N II Vacation Pict City of Rohnert Park, California adobe associates, inc. �r civil engineering I land surveying wastewater 1220 N. Dutton, Ave., Santa Rosa, Ga. 9540t ' P (707) 541-2300; r (707) 541-2301 APN 045-075-005, 006 June 2015 EXHIBIT A► -3 VACATION OF PUBLIC RIGHT OF WAY A portion of Willis Avenue (formerly Bloom Avenue) City of Rohnert Park, State of California [to be added to the lands of JMS Property, LLC, DN 1999-088089 & 2002-086410, Sonoma County Records, APN 045-082-035 & 058] All of the Easterly one half of Willis Avenue (formerly Bloom Avenue), a 440 foot public right of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on the "Subdivision of Santa Rosa Farms No. 2" filed March 7, 1910 in Book 21 of Maps, Page 14, Sonoma County Records, lying within Lots 171, 172 & 173 as said lots are shown and delineated on said subdivision map. EXCEPTING FROM THE ABOVE VACATION that portion abandoned and vacated by the City of Rohnert Park by Resolution No. 92-118 and recorded under Official Records Document Number 1994-0086927, Sonoma County Records RESERVING FROM THE ABOVE VACATION an easement for Public Storm Drain purposes over the entire parcel described above. Date: 0 4 Prepared 'AUL M.13ROWN No. PLS 5087 5087 ` cALlto E 0 0 12 9 0 0 E 0 N Lands pf Tiffany Mann, LP 159 Exh ib / t 170 IN 20 3 240180 APN 0,45 082-057, 065 40' "WIlis Avenue" �— formerly Bloom Avenue C abandoned by DN ID 20' strip, easterly 1/2 1 1 1994-086927 of Willis Avenue, formerly Bloom Avenue, 40' ublie ri h t o f W p g way per 21 Maps 14, adjacent to Lots 171, ,rte 172, 173 (2 20' strip, westerly 1/2 `✓ of Willis Avenue, formerly Bloom Avenue, a 40' public right of way per 21 Maps 14, adjacent to Lots 158 /" Susine.-c Park Driwe Data �1 1`1 Paul M. Mown, PCS 5087 my license expires 6/30/17 Job No. 15170 CO ct: PAUL M. BROWN CL No. PLS 5087 /�''E5 C or This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. • • I rt I Vacc Non P/at City of R©hnert Park, California fF adobe associates, inc. I ' civil engineering Hand surveying 1wastewater 1220 N. Dutton, Ave., Santa Rosa, Ca. 95401 J P (jai) 541-2300; F (707) 541-2341 APN 045-075-005, 006 June 2015 I 171 Q Kenneth C. Martin & ' o Donna L. Martin Luing �_ o Q5 — — — — — — — — — — — Trust (BOAC' Interest) Sebastopol Co -OP, LLC I (40X interest) DN 2006-030696 .� ° l DN 2011-045959 N 172 JVS Property, LLC APN 045-075-006 DN 1999-088089 `L 1 DN 2002-086410 APN 045-082-035 APN 045-082-058 15S------------+-------- 'Record of Survey" 406 Maps 14-15 I I 173 40' "WIlis Avenue" �— formerly Bloom Avenue C abandoned by DN ID 20' strip, easterly 1/2 1 1 1994-086927 of Willis Avenue, formerly Bloom Avenue, 40' ublie ri h t o f W p g way per 21 Maps 14, adjacent to Lots 171, ,rte 172, 173 (2 20' strip, westerly 1/2 `✓ of Willis Avenue, formerly Bloom Avenue, a 40' public right of way per 21 Maps 14, adjacent to Lots 158 /" Susine.-c Park Driwe Data �1 1`1 Paul M. Mown, PCS 5087 my license expires 6/30/17 Job No. 15170 CO ct: PAUL M. BROWN CL No. PLS 5087 /�''E5 C or This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. • • I rt I Vacc Non P/at City of R©hnert Park, California fF adobe associates, inc. I ' civil engineering Hand surveying 1wastewater 1220 N. Dutton, Ave., Santa Rosa, Ca. 95401 J P (jai) 541-2300; F (707) 541-2341 APN 045-075-005, 006 June 2015 ROtiNERT PAgJ, 19 62 CAI,JFOAKtiA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, July 12, 2016, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To solicit input regarding the vacation of a north -south public right-of-way known as Willis (Bloom) Street between Business Park Drive and Willis Avenue, west of Redwood Drive in Rohnert Park, California. The City Council of the City of Rohnert Park will hold a public hearing on July 12, 2016 at 6:00 pm to receive comments on the right-of-way vacation. The purpose of the right-of-way vacation is to implement the City's Wilfred-Dowdell Specific Plan and support the development of adjoining property. All persons interested in this matter should appear at the July 12, 2016 City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Questions regarding this matter should be directed to Mary Grace Pawson, Director of Development Services/City Engineer (707) 588-2234 Dated: June 22, 2016 Caitlin Saldanha, Deputy City Clerk Rp11N E RT PA,.t 19 61 CA CIPOAKtiA [NOTE: Forward completed Notice to City Clerk's Office at least four days prior to first publication.] NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, July 12, 2016, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To solicit input regarding the vacation of a north -south public right-of-way known as Willis (Bloom) Street between Business Park Drive and Willis Avenue, west of Redwood Drive in Rohnert Park, California. The City Council of the City of Rohnert Park will hold a public hearing on July 12, 2016 at 6:00 pm to receive comments on the right-of-way vacation. The purpose of the right-of-way vacation is to implement the City's Wilfred-Dowdell Specific Plan and support the development of adjoining property. All persons interested in this matter should appear at the July 12, 2016 City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Questions regarding this matter should be directed to Mary Grace Pawson, Director of Development Services/City Engineer (707) 588-2234 Dated: June 22, 2016 Published: June 24, July 1 and July 8, 2016 Caitlin Saldanha, Deputy City Clerk Proposed Willis Avenue Vacation \� Public Hearing � Rohnert Park City Council July 12, 2016 fig ®iiNERT P4 `LALIFORN1� 62 Golf. (,. toFg4' I.11 < .p Alt low■ El P Ho o Leol�O. Previously vacated right of way Fars, :;relder 'I {subeSrnar•r SeFf :Sturaye NI! mfless Farr L AI I111jvness�Pairk Di r,tSft.jVe�TF. JR lei e 4 a