Professional Documents
Culture Documents
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve the minutes of the City Council regular meeting of October 16, 2018.
C. Warrants: Approve the warrant register of October 29, 2018.
D. Renew Emergency Resolution: Confirm the continuing existence of a local emergency in the City of Lakeport.
E. Measure Z Advisory Committee (MZAC): Receive and file the draft minutes of the MZAC meeting of October 17, 2018.
F. Letter of Support: Approve sending a letter in support of the relocation of the headquarters of the
National Institute of Food and Agriculture and the Economic Research Service to
Lake County, California, as proposed in an expression of interest submitted by
the Lucerne Area Revitalization Association.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a
Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.
B. Lakeport Main Street Association: Presentation of the “Business of the Quarter” Award and “People’s Choice”
Awards to participants from the Taste of Lake County event.
1. Bid Award: Move to approve and authorize the City Manager to execute a professional
services agreement with Foster Morrison Consulting for the development of the
Hazard Mitigation Plan
City Council Agenda of November 6, 2018 Page 2
_______________________________________
Hilary Britton, Deputy City Clerk
MINUTES
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, October 16, 2018
City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the
City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
I. CALL TO ORDER & ROLL CALL: Mayor Turner called the meeting to order at 6:00 p.m., with Council Member
Barnes, Council Member Mattina, Council Member Parlet, Council Member Spurr
and Mayor Turner present.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Wilda Shock.
III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS: A motion was made by Council Member Spurr, seconded by Council Member
Mattina, and unanimously carried by voice vote to move to accept agenda as
posted.
IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of October 2, 2018.
C. Renew Emergency Resolution: Confirm the continuing existence of a local emergency in the City of Lakeport.
D. Position Summary Modification: Approve a modification to the Position Summary from the 2018-2019 Budget
allowing for the reclassification of the Parks Leadworker to Parks Foreman
E. Notice of Completion: Adopt the resolution accepting construction of the Library Park Play Structure by
Landscape Structures Inc., and authorize the filing of the Notice of Completion.
F. Notice of Completion: Adopt the resolution accepting construction of the Pavement Preservation
Program by VSS International, Inc., and authorize the filing of the Notice of
Completion.
G. Sale of City Property: Adopt a resolution for the approval of the Purchase and Sales Agreement for the
real sale of property (APN: 025-462-11) to Lake County Tribal Health in
accordance with the California Department of Finance Approved Long Range
Property Management Plan.
Vote on the Consent Agenda: City Manager Silveira requested that item G. on the Consent Agenda be pulled
for discussion.
City Manager Silveira explained that item G. was revised based upon information
received after the agenda was published.
B. City Manager:
C. City Clerk
1. Ad Hoc Selection Board: City Clerk Buendia presented the staff report.
_______________________________________
Mireya G. Turner, Mayor
Attest:
__________________________________
Kelly Buendia, City Clerk
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
10/30/2018
I hereby certify that the attached list of warrants has been audited,
extensions are proper, purchase orders have been issued, and department
heads have been given the opportunity to review and sign claim forms.
______________________________
Nicholas Walker
Finance Director
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 09/25/2018 - 10/29/2018
Cleared Date Range: -
Issued Cleared
Date Date Number Description Module Status Type Amount
Bank Account: 15-0352000798 - POOLED CASH BANK
09/27/2018 53974 ALL IN ONE AUTO REPAIR & TOWING Accounts Payable Outstanding Check -150.00
09/27/2018 53975 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding Check -1,943.00
09/27/2018 53976 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding Check -295.25
09/27/2018 53977 ARAMARK UNIFORM SERVICES Accounts Payable Outstanding Check -44.36
09/27/2018 53978 AT&T Accounts Payable Outstanding Check -352.64
09/27/2018 53979 AT&T CALNET3 Accounts Payable Outstanding Check -549.90
09/27/2018 53980 BB&T GOVERNMENTAL FINANCE Accounts Payable Outstanding Check -208,201.00
09/27/2018 53981 BOB NISHIYAMA INVESTIGATIONS Accounts Payable Outstanding Check -400.00
09/27/2018 53982 BONNE SHARP Accounts Payable Outstanding Check -27.59
09/27/2018 53983 CLEARLAKE LAVA, INC. Accounts Payable Outstanding Check -1,918.01
09/27/2018 53984 COAST CRANE COMPANY Accounts Payable Outstanding Check -400.00
09/27/2018 53985 COUNTY OF LAKE PUBLIC SERVICES DEPT. Accounts Payable Outstanding Check -1,500.00
09/27/2018 53986 COUNTY OF LAKE-ANIMAL CONTROL Accounts Payable Outstanding Check -119.25
09/27/2018 53987 DALE STOEBE Accounts Payable Outstanding Check -108.00
09/27/2018 53988 DEBRA ENGLAND Accounts Payable Outstanding Check -675.00
09/27/2018 53989 DEPT OF JUSTICE Accounts Payable Outstanding Check -98.00
09/27/2018 53990 EUREKA OXYGEN COMPANY Accounts Payable Outstanding Check -38.90
09/27/2018 53991 FERRELLGAS Accounts Payable Outstanding Check -61.25
09/27/2018 53992 FRANK HAAS Accounts Payable Outstanding Check -920.00
09/27/2018 53993 GARTON TRACTOR Accounts Payable Outstanding Check -123.61
09/27/2018 53994 GINNY FETH-MICHEL Accounts Payable Outstanding Check -3,492.30
09/27/2018 53995 HACH CHEMICAL COMPANY Accounts Payable Outstanding Check -511.39
09/27/2018 53996 HARRINGTON INDUSTRIAL PLASTICS Accounts Payable Outstanding Check -503.26
09/27/2018 53997 IT'S ABOUT TIME, INC Accounts Payable Outstanding Check -249.01
09/27/2018 53998 KELSEYVILLE TNT MINI STORAGE Accounts Payable Outstanding Check -1,104.00
09/27/2018 53999 KEVIN M. INGRAM Accounts Payable Outstanding Check -31.07
09/27/2018 54000 L. N. CURTIS & SONS Accounts Payable Outstanding Check -15.25
09/27/2018 54001 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding Check -38.61
09/27/2018 54002 LAKE COUNTY WASTE SOLUTIONS Accounts Payable Outstanding Check -413.40
09/27/2018 54003 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Outstanding Check -30.00
09/27/2018 54004 MARIA MOSQUEDA Accounts Payable Outstanding Check -100.00
09/27/2018 54005 MENDO MILL & LUMBER CO. Accounts Payable Outstanding Check -1,156.24
09/27/2018 54006 MYERS STEVENS & TOOHEY & CO. Accounts Payable Outstanding Check -326.70
09/27/2018 54007 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding Check -1,167.69
09/27/2018 54008 NHA ADVISORS Accounts Payable Outstanding Check -700.00
09/27/2018 54009 NORTH COAST COMMUNITY PLANNING Accounts Payable Outstanding Check -1,215.00
Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 253 -1,098,450.36
Report Total: 253 -1,098,450.36
STAFF REPORT
RE: Continuation of Local Emergency Declaration MEETING DATE: 11/06/2018
BACKGROUND/DISCUSSION:
On July 28, 2018, the Director of Emergency Services for the City of Lakeport declared a local State of
Emergency in connection with the conditions of extreme peril to the safety of persons and property
within the city as a result of the River Fire, re-named the Mendocino Complex fire in combination with
the Ranch Fire. In accordance with the Emergency Services Act Section 8630(b) and Lakeport Municipal
Code section 2.28.130, the City Council ratified the declared emergency on July 30, 2018 under
Resolution 2679 (2018). Under Lakeport Municipal Code section 2.28.150, the City Council shall review,
at least every 14 days, the need for continuing the emergency declaration until the local emergency is
terminated.
The City Council, at a Special Meeting on August 13, 2018, continued the emergency declaration via
Resolution 2680 (2018). The City Council subsequently continued the emergency declaration on August
21, 2018, September 18, 2018, October 2, 2018 and October 16, 2018. Since a need still exists for the
declaration, Council is asked to review and continue the declaration. Should the need continue, staff
will return this item at the next regularly scheduled City Council meeting.
OPTIONS:
Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to
Mendocino Complex fire; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
1. CALL TO ORDER Chair Hopkins called the meeting to order at 5:35 p.m. with
Committee members King and Speed present and with Committee
members Rollins and Wynacht absent. The following Staff were
present: City Manager Silveira, Finance Director Walker, Public
Works Director Grider, Police Chief Rasmussen, and City Clerk
Buendia.
4. DISCUSSION/ACTION ITEMS
A. 2018-19 Adopted Project List Finance Director Walker gave a report on the 2018-19 Measure Z
project list adopted by the City Council on June 5, 2018, stating the
list previously reviewed by the Committee was adopted by the City
Council.
B. Comprehensive Annual Finance Director Walker gave a report on the City’s CAFR for the
Financial Report (CAFR), fiscal year ended June 30, 2017 in accordance with section 3.29.180
Fiscal Year 2016-17 of the Lakeport Municipal Code. Finance Director Walker explained
that the audit of the General Fund, which includes sales tax
generated by Measure Z, had no findings.
C. 2017-18 Budget to Actual Finance Director Walker gave a report on the 2017-18 budget to
Comparison actual comparison report, explaining where savings were
experienced and how the City Council had carried forward funds for
2018-19 projects.
_________________________
Kelly Buendia, Secretary
Posted 10/12/18
CITIZEN MEMBERS: Annette Hopkins, Susan King, Dennis Rollins, Nathan Speed, Tim Wynacht
STAFF MEMBERS: Margaret Silveira; City Manager; Nick Walker, Finance Director; Kelly Buendia, City Clerk/Secretary
CITY OF LAKEPORT
Over 100 years of community
pride, progress and service
November 7, 2018
US Department of Agriculture
Washington, DC
RE: Relocation of the Headquarters of the National Institute of Food and Agriculture and the
Economic Research Service
Sincerely,
Mireya G. Turner
Mayor
City of Lakeport
SECTION 1 – SUMMARY
This document proposes to relocate the headquarters for the National Institute of Food
and Agriculture and the Economic Research Service in Lake County, Calif.
Lake County is an ideal home for those agencies. It is the location of Clear Lake, the
oldest lake in North America, as well as the Berryessa Snow Mountain National
Monument and the Mendocino National Forest; it has incredible biodiversity of wildlife
and ecology; and has an economy built heavily upon agriculture.
The county offers great opportunities for study of wildland impacted by fire, populations
impacted by the opioid crisis and a community that struggles with economic
opportunities and labor shortages, problems commonly seen in rural America.
Lake County has a rich American Indian cultural heritage, and is home to seven
sovereign Pomo tribes who are descended from peoples who inhabited the area for
nearly 12,000 years.
It also is an area with a rich agricultural heritage and a growing wine industry – it’s part
of California’s famed wine country – and is in close proximity to California’s Central
Valley, a key agricultural production area in the United States.
Lake County is a renewable energy generator thanks to The Geysers, the world’s
largest geothermal steamfield, which puts to use recycled wastewater generated from
county residents for well injection.
1
ATTACHMENT 1
The Lucerne Area Revitalization Association, based in Lucerne, Calif., is finalizing its
501(c)3 organization status. The group is working with local, state and federal
government representatives; business, faith and community leaders; and residents to
improve the economy, quality of life and environment in Lake County, Calif.
In this case, the association proposes to connect the federal agencies to local officials in
order to facilitate a lease or purchase of county-owned property to house the new
headquarters.
The association is submitting for consideration the historic Lucerne Hotel, which will be
described in more detail below, as specified in the guidelines for this submission.
Transportation logistics
Lake County lies within the Pacific Coastal range, and is approximately 110 miles north
of San Francisco, 110 miles northwest of Sacramento, and 70 miles east of the Pacific
Ocean. It is bounded by Mendocino County to the west; Yolo, Colusa, and Glenn
Counties to the east; and Sonoma and Napa Counties to the south.
Lucerne sits on Highway 20, one of the main highways in the region, which connects it
to Interstate 5 and Highway 101.
A small airfield, Lampson Airport, is located approximately 19 miles away from Lucerne.
There is also access to larger commercial airports in the region: Charles M.
Schulz–Sonoma County Airport in Santa Rosa, travel time, an hour and a half away;
Sacramento International Airport, an hour and 40 minutes; Chico Airport, two hours;
Oakland International Airport, two and a half hours; San Francisco International Airport,
three hours.
2
ATTACHMENT 1
Workforce
Lake County has a civilian workforce of just over 30,000 people and draws residents
from neighboring Mendocino, Napa and Sonoma counties. In addition, it is in close
proximity to California State Universities, among them, Chico State and Sonoma State,
as well as famed institutions such as Stanford University, the University of California,
Berkeley, and the University of California, Davis, which generate employee prospects.
Community/quality of life
Lake County consistently places high nationwide in the American Lung Association’s
annual rankings for clean air. It also is reported to have the highest solar potential in the
state, with about 265 days of sunshine per year.
The county has great natural beauty, with numerous lakes and mountains, hiking, biking
and boating opportunities, and Clear Lake is known as one of the best bass fishing
lakes in the United States, drawing numerous professional fishing tournaments each
year.
The county-owned Mount Konocti County Park offers more than 1,500 acres with hiking
trails on top of an ancient volcano, with a growing regional trail system across the rest of
the county. The county also contains two-thirds of the Berryessa Snow Mountain
National Monument along with a majority of the Mendocino National Forest;
Based on research of the site, the association estimates that $5 million to $10 million in
investment should be sufficient to fully prepare the Lucerne Hotel and the overall
property for its new use as the agency headquarters. That followed more than $3.5
million already invested in the facility.
3
ATTACHMENT 1
The Lucerne Hotel was built in 1928 and is owned by the county of Lake, which
purchased it in 2010 as a community redevelopment project.
4
ATTACHMENT 1
The building’s immediate past tenant was Marymount California University, which left
the building in June 2017. Early in 2018, the county of Lake offered it for sale at a
minimum bid price of $2.5 million. Currently, the building is being kept vacant.
The building is 55,000 square feet and sits on seven parcels – totaling seven acres – at
3700 Country Club Drive in Lucerne. It has a total of 70 hotel rooms, an auditorium,
dining room, large kitchen, lobby, classrooms and conference rooms. It has three main
floors plus a seven-story tower, the tallest structure in Lake County.
The facility has undergone several million dollars’ worth of renovations, including a new
roof and a recently paved parking lot. It comes with an updated server room, a new
three-story elevator, ADA-compliant bathrooms and classrooms, as well as conference
rooms.
The grounds themselves offer room for expansion of the main building as well as
additional freestanding structures.
On nearby Hotel and 13th avenues, there are additional parcels for sale that can be
purchased and redeveloped as office and commercial space in keeping with the
county’s planning guidelines for the area.
Additional potential sites and partnerships are anticipated to be available in the nearby
incorporated cities of Clearlake and Lakeport.
5
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Police Vehicle purchase MEETING DATE: 11/06/2018
The City received two bids meeting our specifications for equipment upgrades. The third bidder declined to bid.
Watch Guard is a sole source provider for Mobile Audio Video (MAV) units which are required for each police
vehicle. The majority of the current police vehicle fleet is already equipped with Watch Guard MAV units that
are compatible with the new units however; two of the four vehicles being purchased require new Watch Guard
MAV units. The total cost for both units is $13,115.25.
New vehicle graphics are also required for each police vehicle. The cost for all four vehicles is estimated at
$900.00.
The total cost for two police vehicles requiring a MAV unit is estimated at $43,968.55.
The total cost for two police vehicles without a MAV unit is $37,428.83.
OPTIONS:
Take no action
Award bids to lowest bidder, after calculating 10 percent local preference, and authorize the City Manager to
sign purchase order documents, or provide direction to staff.
FISCAL IMPACT:
None Budgeted Item Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): X General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS:
Move to authorize the City Manager to sign a purchase order and supporting documents for the procurement of
four fully equipped 2019 Dodge Charger police vehicles for the Police Department, using lowest bidding vendors.
(Matt Mazzei, Precision Wireless and sole source MAV vendor Watch Guard.)
STAFF REPORT
RE: Hazard Mitigation Plan RFP MEETING DATE: 11/6/2018
BACKGROUND/DISCUSSION:
The City of Lakeport is responsible for coordinating the planning and preparation of an emergency and
disaster plan for the City. A currently approved Hazard Mitigation Plan is required to be considered for Federal
Hazard Mitigation Grant Funds, as well as other FEMA Grants.
The selected contractor will prepare a plan for presentation to the California Office of Emergency Services and
Federal Emergency Management Agency. The plan will address all current hazards and regulations in effect at
the proposed time of approval (2020), including conformity with AB-2140 (General Plan Safety Element, Area
Plan & EOP agreement), SB-379 (Climate Adaptation) and SB-1000 (Environmental Justice).
The plan will be compared and contrasted with the City's General Plan-Hazards Appendix and Emergency
Operations Plan.
The Request for Proposal (RFP) was issued on September 4, 2018, with a due date of October 5, 2018. The City
received proposals from four (4) companies: Foster Morrison Consulting, Witt O’Briens Consulting, Navigating
Preparedness Associates and DI Management. A bid selection panel reviewed and scored the proposals based on
5 criteria (see attachment 1). Foster Morrison Consulting’s proposal outscored the rest of the proposals.
OPTIONS:
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
SUGGESTED MOTIONS:
Move to approve and authorize the City Manager to execute a professional services agreement with Foster
Morrison Consulting for the development of the Hazard Mitigation Plan
Each proposal was evaluated based upon the written proposal. The point rating system was used.
The firm receiving the highest rating is listed as number 1 below. Staff will negotiate a final
agreement with the successful firm which will include any necessary modifications in the scope of
work and the fee to be paid for the services.
1. Experience and competence of the firm as it relates to the services. Key personnel to be used. 20%
2. Past record of performance with the Agency and other agencies. Record for control of cost quality of work 15%
and ability to meet schedules.
3. Capacity of the Firm to complete the work within the time limitations. 25%
4. General understanding of the work to be performed and the overall approach to the services. 15%
5. Cost involved to perform the services. 25%
ATTACHMENT 2
City of Lakeport
By:
Douglas Grider
Director of Public Works
City of Lakeport
You are invited to submit proposals in accordance with the requirements of this solicitation,
which are contained herein.
Mail or Delivery:
City of Lakeport
225 Park Street
Lakeport, CA 95453
ATTACHMENT 2
TABLE OF CONTENTS
A. Description of Work 1
A. DESCRIPTION OF WORK
The City of Lakeport is seeking a qualified consultant to prepare a Hazard Mitigation Plan. The plan shall
be prepared in accordance with the objectives, assumptions and requirements specified in the following
Scope of Work. It is the intent of the City to procure the services of a qualified vendor to review,
prepare and present the plan, supervised and supported by City of Lakeport Staff. Questions or additional
information can be submitted to Douglas Grider at dgrider@cityoflakeport.com or Michelle Humphrey at
mhumphrey@cityoflakeport.com.
Background. The City of Lakeport is responsible for coordinating the planning and preparation of
emergency and disaster plans for the City. A currently approved Hazard Mitigation Plan is required to be
considered for Federal Hazard Mitigation Grant Applications, and other FEMA Grants. Some elements of
this plan may also be reflected in the City’s Community Rating System Score.
WORKSCOPE
The selected contractor will prepare a plan for presentation to the California Office of Emergency Services
and Federal Emergency Management Agency. The plan will address all current hazards and regulations in
effect at the proposed time of approval (2020), including conformity with AB-2140 (General Plan Safety
Element, Area Plan & EOP agreement), SB-379 (Climate Adaptation) and SB-1000 (Environmental
Justice).
The City of Lakeport is comprised of approximately 2.5 square miles, located on the North Shore of Clear
Lake. To the west are State Highways 29 and 175. Lakeport is the County Seat.
Biological, Drought, Human Cause, Mud/Landslide, Severe Storm, Volcanic activity, Chemical, Crop
Losses, Earthquake, Flood, Civil Unrest, Severe Weather, Dam/Levee Break, Fire, Land Subsidence,
Cyanobacteria Algae Bloom, Freezing
Methodology:
The plan will be compared and contrasted with the City's General Plan-Hazards Appendix and Emergency
Operations Plan.
Process:
Describe the process for implementing this planning activity, including the following plan development
requirements: 1) participation of agencies, stakeholders and the public; 2) hazard identification and
risk/vulnerability assessment; 3) mitigation strategy; 4) plan adoption; and 5) plan maintenance:
1. The City of Lakeport will be the lead agency for this project. At least two (2) public hearings will be
held prior to final submission of the document for approval by the Lakeport Office of Emergancy Services
(OES) and the Lakeport City Council.
-1-
ATTACHMENT 2
A. DESCRIPTION OF WORK
2. All existing hazards identified in the General Plan-Hazards Appendix and Emergency Operations Plan
will be reviewed and assessed for currency and accuracy. Any new hazards identified by either experience,
research or updated codes will be evaluated, and added to the document if determined to be of particular
risk.
3. The Plan will be submitted to the City's OES and the Lakeport City Council. Upon review and
assessment, The CDT and Council will give direction and make resources available to carry out
recommended activities.
4. Upon completion of the Draft, a public hearing will be held for final input prior to submission for
approval. The plan will be submitted for State and Federal Review prior to being approved by the Lakeport
City Council.
5. The plan will be updated every 5 years, or as new hazards are identified and deemed appropriate for
inclusion in the plan. Successful selection for this update implies no contractual obligation by the City to
award subsequent contracts for future updates of the plan.
-2-
ATTACHMENT 2
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Proposer)
shall meet all of the terms, and conditions of the Request for Proposals (RFP) package. By virtue
of its proposal submittal, the Proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
a. Cover Letter: A standard business letter must be included which represents your agreement
to supply the requested goods and/or services detailed in the RFP.
b. Company Profile: Provide a brief history of your company, a general description of your
services and qualifications, and an executive summary of your response. Content should be
no more than two pages.
c. Project Understanding and Approach: Provide an overview of your understanding of the
needs of the department, and understanding of the services to be provided and your approach
to the work.
d. Work Plan: Provide your specific proposal to address the Scope of Work. At the very least,
this should describe in detail how the service shall be provided and include a description of
major tasks and subtasks. Include also, a proposed time-line for completing the work
and sample studies (optional). If applicable, describe administrative and fiscal management
of the program, personnel policies and expected use of subcontractors.
e. Pricing: Propose a complete budget indicating administrative and overhead costs, operating
costs, equipment costs, start-up costs, and any other costs associated with service delivery.
The proposal shall outline the estimated cost of providing each component of the program
(aligned with the work plan specified in (d), above) and define a proposed outcome oriented
method of reimbursement.
All prices submitted are non-binding at this stage of the procurement process and are subject
to negotiation.
Finally, provide a general description of your firm’s preferred approach to contracting for
your services, including your preferred contract type and compensation schedule.
f. Distinguishing Features: Highlight the main features that distinguish your company from
your competition relative to this solicitation. This is also where you should specify the date
by which you commit to have completed the study.
g. Deviations: State on a point-by-point basis, any proposed deviations from full compliance
with the requirements described throughout this RFP. You must cite the paragraph number or
describe the specific location of a requirement specified in any attachment, for each deviation
proposed. Deviations may be considered, provided that you submit adequate explanation and
justification for any proposed. If none, please so state.
h. References: Provide a minimum of three references which reflect projects of similar scope
completed in the last 24 months. These reference projects must be itemized by name, type,
location, date of work, approximate dollar value of the project, and client name and telephone
number.
i. Staffing Organization and Qualifications: Provide a staffing organization chart showing the
names and roles of staff members (only those that will be working directly or on a day-to-day
-3-
ATTACHMENT 2
The purpose of this submittal is to generally assess the adequacy of the Proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph 11 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section D.
4. Proposal Cost. The cost quoted by the Proposer must be entered in figures in the space provided
on the Proposal Submittal Form.
5. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Assistant Director of Finance for its withdrawal. No proposal received after the time specified or
at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals are public information and will be made available upon request after contract award.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-
proposal to a Proposer submitting a proposal, or who has quoted prices on materials to such
Proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other Proposers submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will
be permitted. However, any such oral communication shall not be binding on the City.
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive non-
substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part
of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Proposers. Proposers will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
10. Contract Requirement. The Proposer to whom award is made (Consultant) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
11. Insurance Requirements. The Consultant shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
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ATTACHMENT 2
12. Business License and Tax. The Consultant must have a valid City of Lakeport business license
and tax certificate before execution of the contract. Additional information regarding the City's
business license and tax program may be obtained by calling 707-263-5615, or on the City’s
website at http://www.cityoflakeport.com/departments/home.aspx?deptid=86
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ATTACHMENT 2
Submittal Forms
Note: For ease of electronic preparation, proposer may prepare their own proposal submittal
forms as long as they contain the same information in a similar format.
Qualifications
Work Program
Compensation
j. Proposed compensation.
l. The minimum font size is 11 point, with minimum left and right margins of one-inch, and
top and bottom margins of 0.7 inches.
m. Proposals must be submitted by Mail or Delivery. Five (5) complete copies of your
Proposal in a sealed container, clearly marked on the outside with your company name
and return address, the RFP Title and the due date. Faxed or electronic proposals will not
be considered.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on the following criteria:
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As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected Consultant, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
4. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon request.
5. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
6. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall
provide such additional copies as are requested, and City shall compensate the Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
7. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Consultant at least one public meeting to present and discuss its
findings and recommendations. Consultant shall attend as many "working" meetings with staff as
necessary in performing workscope tasks.
8. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives,
and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
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ATTACHMENT 2
1. IDENTIFICATION
2. RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: __________________________ [insert description of consultant’s
services].
NOW, THEREFORE, For and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in Consultant’s
[enter consultant’s proposal date] Proposal to City attached hereto as Exhibit A
and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in Consultant’s
________ [insert date fee schedule submitted to City] fee schedule to City attached
hereto as exhibit B and incorporated herein by this reference.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and
shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the
parties or terminated earlier in accordance with Section 18 (“Termination”) below.
5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall
the right to request, in writing, changes in the Scope of Services. Any such changes
mutually agreed upon by the parties, and any corresponding increase or decrease in
compensation, shall be incorporated by written amendment to this Agreement. In
no event shall the total compensation and costs payable to Consultant under this
Agreement exceed the sum of $_____________unless specifically approved in
advance and in writing by City.
5.2 Consultant shall obtain a City business license prior to commencing performance
under this Agreement.
5.3 Consultant shall perform all work to the highest professional standards of
Consultant’s profession and in a manner reasonably satisfactory to City. Consultant
shall keep itself fully informed of and in compliance with all local, state, and federal
laws, rules, and regulations in any manner affecting the performance of the
Agreement, including all Cal/OSHA requirements, the conflict of interest provisions
of Government Code Section 1090, and the Political Reform Act (Government Code
Section 81000 et seq.).
5.4 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain from
decision under this Agreement pursuant to a conflict of interest statute and (ii) City
has not consented in writing to Consultant’s performance of such work.
5.5 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such Services
shall be performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services.
____________[enter name of project administrator] shall be Consultant’s project
administrator and shall have direct responsibility for management of Consultant’s
project administrator without City’s prior written consent.
5.6 Consultant has represented to the City that key personnel will perform and
coordinate the services under this Agreement. Should one or more of such
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5.7 Consultant shall not be reimbursed for any expenses unless provided for in this
Agreement or authorized in writing by City in advance.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept in full satisfaction for such services,
payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for
the services performed pursuant to this Agreement. Each invoice shall itemize the
services performed pursuant to this Agreement. Each invoice shall itemize the
services performed pursuant to this Agreement. Each invoice shall itemize the
services rendered during the billing period and the amount due. City shall not
withhold applicable taxes or other authorized deductions from payments made to
Consultant.
6.3 Payments for any services requested by City and not included in the Scope of
Services shall be made to Consultant by City on a time and Materials basis using
Consultant’s standard fee schedule. Consultant shall be entitled to increase the fees
in this fee schedule at such time as it increases its fees for its clients generally;
provided, however, in no event shall Consultant be entitled to increase fees for
services rendered before the thirtieth day after Consultant notifies City in writing of
an increase in that fee schedule.
7. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects.
Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees,
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure of Consultant to comply with the Prevailing Wage Laws.
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All reports, documents or other written material (“written products” herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City
without restriction or limitation upon its use or dissemination by City. Consultant may take
and retain copies of such written products as desired, but no such written products shall be
the subject of a copyright application by Consultant.
9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant’s employees, except as set forth in
this Agreement. Consultant shall not represent that it is, or that any of its agents or employees
are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as his employer. Consultant shall not be
entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultant’s previously earned PERS retirement benefits, and
Consultant specifically assumes the responsibility for making such a determination. Consultant
shall be responsible for all reports and obligations including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation.
10. CONFIDENTIALITY
11. INDENMIFICATION
11.1 The parties agree that City, its officers, agents, employees and volunteers
should, to the fullest extent permitted by law, be protected from any and all
loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation
costs, taxes, or any other cost arising out of or in any way related to the
performance of this Agreement. Accordingly, the provisions of this indemnity
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11.3 City shall have the right to offset against any compensation due
Consultant under this Agreement any amount due City from
Consultant as a result of Consultant’s failure to pay City promptly any
indemnification arising under this Section 11 and any amount due City
from Consultant arising from Consultant’s failure either to (i) pay taxes
on amounts received pursuant to this Agreement or (ii) comply with
applicable workers’ compensation laws.
11.4 The obligations of Consultant under this Section 11 are not limited by the
provisions of any workers’ compensation act or similar act. Consultant
expressly waives its statutory immunity under such statutes or laws as to
City, its officers, agents, employees and volunteers.
11.6 City does not, and shall not, waive any rights that it may possess against
Consultant because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of
whether or not any insurance policies are determined to be applicable to
the claim, demand, damage, liability, loss, cost or expense.
12. INSURANCE
12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultant’s
performance of this Agreement.
12.3 Insurance required under this Agreement shall be of the types set forth
below, with minimum coverage as described:
13.1 City shall provide Consultant with all pertinent data, documents and
other requested information as is reasonably available for the proper
performance of Consultant’s services under this Agreement.
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Consultant shall maintain full and accurate records with respect to all matters
covered under this Agreement for a period of three years after the expiration or
termination of this Agreement. City shall have the right to access and examine such
records, without charge, during normal business hours. City shall further have the
right to audit such records, to make transcripts therefrom and to inspect all program data,
documents, proceedings, and activities.
Consultant shall obtain, at its sole cost and expense, all permits and regulatory
approvals necessary for Consultant’s performance of this Agreement. This includes,
but shall not be limited to, professional licenses, encroachment permits and building and
safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultant’s and City’s regular business hours; or (ii) on the third business day following
deposit in the United States mail if delivered by mail, postage prepaid, to the addresses
listed below (or to such other addresses as the parties may, from time to time, designate in
writing).
If to City If to Consultant:
The parties agree that the covenants contained in Section 10, Section 11, Paragraph
13.2 and Section 14 of this Agreement shall survive the expiration or termination of this
Agreement.
18. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days’
written notice to Consultant. Consultant may terminate this Agreement
for any reason on thirty calendar days’ written notice to City.
Consultant agrees to cease all work under this Agreement on or before
the effective date of any notice of termination. All City data, documents,
objects, materials or other tangible things shall be returned to City upon
the termination or expiration of this Agreement.
19.1 Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company
or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause
its employees or subcontractor to file, a Statement of Economic
Interest with the City’s Filing Officer if required under state law in the
performance of the services. For breach or violation of this warranty,
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City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer, or employee of City,
during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
19.3 This Agreement shall be binding on the successors and assigns of the
parties.
19.5 Time is of the essence for each and every provision of this Agreement.
19.8 The waiver by City or Consultant of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of
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19.9 Consultant shall not be liable for any failure to perform if Consultant
presents acceptable evidence, in City’s sole judgment, that such failure
was due to causes beyond the control and without the fault or
negligence of Consultant.
19.10 Each right, power and remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise shall be cumulative and
shall be in addition to every other right, power, or remedy provided
for herein or now or hereafter existing at law, in equity, by statute, or
otherwise. The exercise, the commencement of the exercise, or the
forbearance of the exercise by any party of any one or more of such
rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any of all of such other rights, powers or
remedies. If legal action shall be necessary to enforce any term,
covenant or condition herein contained, the party prevailing in such
action, whether reduced to judgment or not, shall be entitled to its
reasonable court costs, including accountants’ fees, if any, and
attorneys’ fees expended in such action. The venue for any litigation
shall be Lake County, California and Consultant hereby consents to
jurisdiction in Lake County for purposes of resolving any dispute or
enforcing any obligation arising under this Agreement.
19.12 This Agreement shall be governed and construed in accordance with the
laws of the State of California.
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19.14 Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and
disbursements charged to City under this Agreement for a minimum of
three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such
documents shall be made available for inspection, audit, and/or copying
at any time during regular business hours, upon oral or written request
of City. In addition, pursuant to Government Code Section 8546.7, if the
amount of public funds expended under this Agreement exceeds ten
thousand dollars, all such documents and this Agreement shall be
subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of City, for a period of three (3)
years after final payment under the Agreement.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement on the dates set forth below.
“City”
By: By:
Margaret Silveira, City Manager Name, Level of Officer e.g., Vice President
Date: Date:
By:
Name, Level of Officer e.g., Vice President
Date:
Attest:
By:
Kelly Buendia, City Clerk
Date:
Approved as to form:
By:
David J. Ruderman, City Attorney
Date:
ATTACHMENT 2
REFERENCES
Number of years engaged in providing the services included within the scope of the Request for proposals
under the present business name: .
Provide at least three references for services performed by your firm that demonstrate your ability to provide
the services included with the workscope. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone Number
Email Address
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone Number
Email Address
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone Number
Email Address
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
ATTACHMENT 2
The Proposer declares that she or he has carefully examined the Request for Proposals, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following cost quoted in full:
Contact
Email Phone