HomeMy WebLinkAbout2020-07-15 PacketPage 1 of 4
City Council
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
Register for Ukiah City Council Regular Meeting at:
https://attendee.gotowebinar.com/rt/4910662329263871245
After registering, you will receive a confirmation email containing information about joining
the webinar. Alternatively, you may view the meeting (without participating) by clicking on the
name of the meeting at www.cityofukiah.com/meetings.
July 15, 2020 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
5.a. Approval of the Minutes for the July 1, 2020, Regular Meeting.
Recommended Action: Approve the Minutes of July 1, 2020, Regular Meeting, as submitted.
Attachments:
1.20200701 Draft Minutes
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The
City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time
within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will
be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will
approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
Page 1 of 428
Page 2 of 4
7.a. Designation of Voting Delegates and Alternates for the League of California Cities Annual
Conference – October 7 9, 2020.
Recommended Action: Designate Councilmember Mulheren as the Voting Delegate, and Sage
Sangiacomo, City Manager and Shannon Riley, Deputy City Manager as the Alternate(s) to
represent the City of Ukiah for the 2020 League Annual Conference; and authorize the City Clerk
to submit the Voting Delegate/Alternate Form on their behalf
Attachments:
1.Conference Announcement
2.Voting Procedures
3.Voting Delegate Form
7.b. Council to Receive and File Adopted 202021 Fiscal Year City of Ukiah Budget Document.
Recommended Action: Receive and File adopted 202021 Fiscal Year City of Ukiah Budget
Document.
Attachments: None
7.c. Award Contract to Systems Integrated in the Amount of $245,461 to Replace Lake Mendocino
Hydroelectric Plant's Control System, Authorize the City Manager to Negotiate and Execute an
Agreement, and Approve Corresponding Budget Amendment.
Recommended Action: Award contract to Systems Integrated in the amount of $245,461 for the
Hydroelectric Plant SCADA/PLC Replacement Project, authorize the City Manager to negotiate
and execute an agreement, and approve corresponding budget amendment.
Attachments:
1.RFP
2.Proposal Evaluation Summary Hydro SCADA Upgrade
3.Proposal Systems Integrated
8. AUDIENCE COMMENTS ON NONAGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in,
you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you
may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not
more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in
which the subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
11.a. Consider Introduction by Title Only of the Ordinance Amending City Code Provisions
Regulating Development of Accessory Dwelling Units.
Recommended Action: Introduce the Ordinance Amending City Code Provisions Regulating
Development of Accessory Dwelling Units by title only.
Attachments:
1.ADU Ordinance Amendment REDLINE
2.ADU Ordinance Amendment CLEAN
12. UNFINISHED BUSINESS
Page 2 of 428
Page 3 of 4
12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus
(COVID19) Emergency Including Operational Preparedness and Response; Continuity of City
Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Recommended Action: Receive status report and consider any action or direction related to the
Novel Coronavirus (COVID19) Emergency including operational preparedness and response;
continuity of City operations and services; community and business impacts; and any other
related matters.
Attachments: None
12.b. Discussion with Possible Direction to Staff Regarding Amendments to the City's HOME Tenant
Based Rental Assistance Program Guidelines to Provide Rental and Utility Payment Assistance
to Lower Income Households Impacted by the COVID19 Pandemic.
Recommended Action: Discuss and possibly provide direction to Staff regarding amendments to
the City's HOME Tenant Based Rental Assistance Program Guidelines to provide rental and utility
payment assistance to lower income households impacted by the COVID19 pandemic.
Attachments:
1.16HOME11376 Standard Agreement
2.City of Ukiah 16HOME11376 Amendment Request 6820
3.Ukiah HOME COVID TBRA Program Guidelines 7920
13. NEW BUSINESS
13.a. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action: Receive report(s). The Council will consider modifications to committee
and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1.2020 City Council Special Assignments 070620
14. CLOSED SESSION CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
14.a. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d))
A. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9: (Number of potential cases: 1.)
B. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9: (Number of potential cases: 1)
Recommended Action: Confer in Closed Session
Attachments: None
14.b. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d))Significant exposure to litigation pursuant to
Government Code Section 54956.9(d)(1) (Number of potential case: 1)
Recommended Action: Confer in Closed Session
Attachments: None
Page 3 of 428
Page 4 of 4
14.c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUKCVPT201870200
Recommended Action: Confer in Closed Session
Attachments: None
14.d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK CVPT1566036
Recommended Action: Confer in Closed Session
Attachments: None
14.e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 15705003, 15706002, 15705004, 15705003, 15703002, 157050
01, 15705002, 15705010, 15705009, 15707001, 15707002, 00319001
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action: Confer in Closed Session
Attachments: None
14.f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action: Confer in Closed Session
Attachments: None
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed
in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon
request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public
inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through
Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main
entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this
agenda.
Kristine Lawler, City Clerk
Dated: 7/10/2020
Page 4 of 428
Page 1 of 2
Agenda Item No: a.
MEETING DATE/TIME: 7/15/2020
ITEM NO: 2020-474
AGENDA SUMMARY REPORT
SUBJECT: 13b. Introduction and Adoption of Urgency Ordinance Amending the Established Administrative
Penalties for Violations of the County Health Officer’s Orders Pertaining to the COVID-19 Pandemic.
DEPARTMENT: City Clerk PREPARED BY: Sage Sangiacomo, City Manager
PRESENTER: Sage Sangiacomo, City Manager.
ATTACHMENTS:
1. Admin Enforcement Urgency Ordinance Revised - Redline
2. Admin Enforcement Urgency Ordinance Revised - Clean
Summary: Council will consider introducing and adopting an urgency ordinance to amend the established
administrative penalties for violations of the County Health Officer's orders pertaining to the COVID-19
Pandemic. The amendment is recommended to ensure consistency with the changes recently adopted by the
County of Mendocino.
Background: On April 1, 2020, and consistent with action taken by the County of Mendocino, the City Council
enacted an urgency ordinance adopting administrative penalties for violation of the County’s Health Officer’s
Orders pertaining to the COVID-19 Pandemic. While the Ordinance provides for penalties, the Ukiah Police
Department (UPD) and the Community Development Department (CDD) have coordinated an educational
approach to enforcement and have been effective at obtaining voluntary compliance when responding to
reported violations.
Discussion: Although the educational efforts of UPD and CDD have been effective thus far, for the continued
protection of the public health of Ukiah residents related to the COVID-19 Pandemic, staff recommends
maintaining consistency with the County of Mendocino related to enforcement matters. To accomplish this, an
Urgency Ordinance (Attachment 1; redlined for review) has been drafted to amend the City’s existing
ordinance and mirror the changes recently adopted by the County of Mendocino. Note, the primary change
will allow for the enforcement of facial covering directives as an infraction as opposed to a misdemeanor in the
current ordinance.
Staff recommends Council adopt the Urgency Ordinance in Attachment 2 (clean copy).
Recommended Action: 1) Discuss and introduce, waive reading of, and adopt Urgency Ordinance amending
Ordinance No. 1201, establishing administrative penalties for violations of the County Health Officer's orders
pertaining to the COVID-19 pandemic; and 2) authorize Mayor to sign same.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Rapport, City Attorney; Justin Wyatt, Police Chief.
Page 5 of 428
Page 2 of 2
Page 6 of 428
1
UNCODIFIED URGENCY ORDINANCE NO.
UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF UKIAH ADOPTING AMENDING ORDINANCE NO. __
ADOPTING ADMINISTRATIVE PENALTIES FOR VIOLATION OF THE
COUNTY HEALTH OFFICER’S ORDERS PERTAINING TO THE
COVID-19 PANDEMIC
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. ADOPTION OF ORDINANCE
SECTION 1. Findings and purpose.
1.On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency in the
State of California related to the COVID-19 pandemic.
2.On March 4, 2020, the County of Mendocino Health Officer declared a local health emergency
and the County of Mendocino Director of Emergency Services proclaimed the existence of a local
emergency related to the COVID-19.
3.In light of the COVID-19 pandemic and Governor Newsom’s state of emergency proclamation,
on March 12, 2020, the Governor issued Executive Order N-25-20, ordering residents to heed
any order by local public health officials, “including but not limited to the imposition of social
distancing measures, to control the spread of COVID-19”.
4.A violation of the Governor’s Executive Order N-25-20 is a misdemeanor pursuant to California
Government Code § 8665.
5.A violation of the County Health Officer’s orders made to control the spread of COVID-19,
including but not limited the shelter in place order that was issued on March 24, 2020, is a violation
of the Governor’s Executive Order N-25-20.
6.California Health and Safety Code §§ 120275 and 120295 make it a misdemeanor to violate
certain sections of the Health and Safety Code, including those requiring individuals to comply
with health orders to facilitate isolation, such as the County Health Officer’s shelter in place order.
7.Violations of the orders of the County Health Officer related to the control of the spread of
COVID-19 present an immediate threat to the public peace, health and safety in that they increase
the likelihood that the COVID-19 virus will spread throughout the County and City in a manner
that may overwhelm their health care systems and may lead to injury and death that might
otherwise be substantially reduced through adherence to the orders of the County Health Officer.
8.The immediate enforcement of the orders of the County Health Officer is necessary for the
effective implementation of such orders for the purpose of controlling the spread of COVID-19 in
Mendocino County and the City of Ukiah.
9.California Government Code § 53069.4 provides authority to the City Council of the City of
Ukiah to set administrative penalties for violation of any ordinance enacted by the City Council.
ATTACHMENT 1
Page 7 of 428
2
10. In order to address the immediate threat to the public peace, health, safety and welfare, this
Ordinance helps to ensure that the orders of the County Health Officer, issued for the purpose of
controlling the spread of the COVID-19 virus, are followed by providing an administrative
enforcement mechanism as an alternative to the mechanisms already available.
11. Issuance of administrative penalties provides a significant deterrent to violating the County
Health Officer’s orders respecting COVID-19, will help promote social distancing through a
process designed to minimize person-to-person contact.
12. This alternative enforcement mechanism is also designed to provide some relief to law
enforcement, to enable additional City staff to assist with enforcing the County Health Officer’s
orders, and to enhance the City’s ability to control the spread of COVID-19.
13. Pursuant to California Government Code § Section 53069.4, the City Council elects to create
an administrative penalty and hearing process for the purpose of enforcing the orders of the
County Health Officer that are issued for the purpose of controlling the spread of the COVID-19
virus.
14. The potential damage caused by a violation of an order of the County Health Officer demands
a substantial penalty so as to provide an effective and significant deterrent to violating such
orders.
15. For violations of the orders of the County Health Officer involving predatory profiteering in a
declared local emergency, the administrative penalties must be substantial enough to deter such
practices.
SECTION 2. Applicability.
This ordinance amends Urgency Ordinance No. ____, applies from April 1July 15, 2020, through
May 31September 30, 2020, within the incorporated City limits or such additional period of time
as declared by City Council resolution.
SECTION 3. Authority.
This ordinance is adopted pursuant to the general police power of the City under Cal. Const Art
XI § 7 to protect the health, safety and welfare of its citizens, the local emergency declared by the
City Council on March 18, 2020 pursuant to Government Code Section 8630 and the Governor's
Executive Order N-25-20, a true and correct copy of which is attached hereto as Attachment A
and incorporated herein.
SECTION 4. Citation.
This ordinance may be referred to as the “COVID-19 Admin Penalties Ordinance.”
SECTION 5. Definitions.
A. “Citation” or “Administrative Citation” means a civil citation issued pursuant to Section 9 of
this Ordinance.
Page 8 of 428
3
B. “Commercial Activity” means the distribution and sale or rental of goods and the provision
of services other than Essential Services as defined in the County Health Officer’s COVID-19
Order.
C. “COVID-19 Order” means an order of the County Health Officer that is now in existence,
or later comes into existence, which is issued for the purpose of controlling the spread of the
COVID-19 virus, and which reflects the Governor’s order to all residents to heed the orders of
local public health officials, as stated in paragraph 1 of Executive Order N-25-20 that was issued
by the Governor of California on March 12, 2020.
D. “Days” means calendar days.
E. “Enforcement Officer” means a City employee designated as having the authority to issue
citations or notices to appear as provided in Ukiah City Code Section 6323, the Code Enforcement
Officer designated by the City Manager, any peace officer with jurisdiction in the City of Ukiah,
including pursuant to Penal Code Section 830.1(a)(2), any person designated by the City
Manager to be responsible for Code Enforcement, or anyone identified by resolution of the City
Council.
F. “Responsible Party” means an individual or legal entity, or the agent or legal guardian of
such individual or entity, whose action or failure to act violates a COVID-19 Order.
SECTION 6. Adoption of County Health Officer Orders as City Law.
All COVID-19 Orders are hereby incorporated into this Ordinance as the law of the City of Ukiah.
SECTION 7. Violation and Enforcement.
A. A violation of a COVID-19 Order shall be a misdemeanor, a public nuisance, and a
violation of this Ordinance, and as such, a violation of this Ordinance may be enforced as a
misdemeanor, as a public nuisance, or as a civil violation through imposition of administrative
penalties as detailed in this ordinance.
B. It shall be a violation of this ordinance and the Law of the City of Ukiah , enforceable as
an infraction, nuisance, or civil penalty by way of an Administrative Citation, for any individual
person to willfully or negligently refuse to wear a Facial Covering in compliance with a COVID-19
Order after an Enforcement Officer has informed the person that a Facial Covering is required by
this section. As used herein “Facial Covering” means any worn garment, mask or device without
holes that simultaneously covers both the nose and mouth, such as a bandana, a scarf, a neck
gaiter , or a homemade cover, which can be secured to the head with ties or straps or wrapped
around the lower-face, including but not limited to a face shield (i.e. a piece of rigid, clear plastic
attached to a headband which covers the entire face extending from the forehead to below the
chin).
CB. This Ordinance may be enforced by an Enforcement Officer.
DC. Use of this Ordinance shall be at the sole discretion of the City, its officers, agents and
employees.
SECTION 8. Nonexclusivity and Election of Proceedings.
Page 9 of 428
4
This Ordinance provides for enforcement proceedings that are supplemental to all other
enforcement proceedings provided by local, state or federal law, whether administrative, civil or
criminal in nature. As such, the provisions of this Ordinance may be utilized alone or in conjunction
with any other remedy at law or in equity, including, but not limited to, temporary restraining order
and preliminary or permanent injunctive relief. Election to employ one or more proceedings
provided by this Ordinance shall be at the sole discretion of the City and shall be without prejudice
to the City choosing to also proceed simultaneously or subsequently by pursuing different
enforcement proceedings or remedies with respect to the same violation.
SECTION 9. Issuance of Notice or Citation; Penalty Amounts.
A. Each and every day a violation of a COVID-19 Order exists constitutes a separate and
distinct offense. One or more citations may be issued for each day the violation continues.
B. Any Responsible Party violating any provision of a COVID-19 Order may be issued an
Administrative Citation by an Enforcement Officer.
C. The Enforcement Officer may issue a Citation for a violation not committed in their
presence, if they determine through investigation, including but not limited to credible input from
City staff, that the Responsible Party did commit or is otherwise responsible for the violation.
D. When an Enforcement Officer discovers, or otherwise determines that a violation of a
COVID-19 Order occurred, such Enforcement Officer may issue a Notice of Violation to the
Responsible Party that provides twenty-four (24) hours to abate the violation. The decision to
issue a Notice of Violation rather than a Citation is at the discretion of the Enforcement Officer.
E. If the Responsible Party has not abated, or otherwise repeats the same violation as stated
in the Notice of Violation, after the passage of twenty-four (24) hours from the service of the Notice
of Violation, the Enforcement Officer may then issue an Administrative Citation that imposes a
civil penalty.
F. The civil penalty for each violation involving a non-Commercial Activity shall be a fine not
to exceed $500.00of $100 for a first offense, $250 for a second offense within one year and $500
for each additional offense within one year.
G. The civil penalty for each violation involving a Commercial Activity shall be a fine not to
exceed $10,000.00.
H. The administrative penalty becomes effective and due immediately upon issuance of the
Citation. The Responsible Party has ninety (90) days from the date of service of the Citation to
pay the penalty to the City Manager or his or her designee in the absence of a timely submitted
request for an administrative hearing to appeal the citation.
I. The administrative penalty, or any portion thereof, may be waived by the City Manager as
the Director of Emergency Services, or their his or her designee, for good cause.
SECTION 10. Form and Service for Citation or Notice.
A. The Administrative Citation or Notice of Violation shall contain the following
information:
Page 10 of 428
5
1. The name and address of the Responsible Party;
2. The date and address or description of the location where the violation occurred;
3. Reference to the COVID-19 Order that the act or omission violated, including reference to
the paragraph number containing the provision violated and the date of issuance of the
COVID-19 Order; a brief description of the violation should be included if greater specificity
is required to provide adequate notice of the violation;
4. The amount of the penalty if the notice provided is for an Administrative Citation;
5. Identification of appeal rights and a description of how to appeal;
6. The location and method of payment;
76. The signature of the Enforcement Officer issuing the Citation along with the date of
issuance of the Citation.
B. Any Administrative Citation or Notice of Violation issued pursuant to this Ordinance
shall be served upon the Responsible Party pursuant to Section 11 of this Ordinance.
SECTION 11. Service Procedures.
An Administrative Citation may be served on the Responsible Party as follows:
A. Personal service: Personal service may be accomplished without violating the COVID-19
Orders by setting the Citation documents down near the Responsible Party and stating, in a voice
loud enough to be heard by the Responsible Party, that the documents are for the Responsible
Party, if the Responsible Party subsequently either picks up the documents or makes an indication
that they understand that the documents are intended for them; or
B. Posting and Mailing: Posting and mailing requires both of the following:
1. Posting the Citation on any real property within the City in which the City has knowledge
that the Responsible Party has a legal interest, or at the location at which the violation
occurred; posting shall be placed in a position that is likely to catch the attention of a
person entering the property, including but not limited to a front door, gate, or near a
mailbox; and
2. Mailing the Citation by first class mail, postage prepaid, to the address that the citation
was posted, or to any other mailing address of the Responsible Party that is known to the
City if the City reasonably believes that such mailing address will be at least as effective
at reaching the Responsible Party, including but not limited to an address provided by a
Responsible Party in a request for appeal of a Citation; or
C. By Mail: Service by mail may be accomplished by sending the Citation by first class mail,
postage prepaid, to the location that the violation occurred, or to any other mailing address of the
Responsible Party that is known to the City if the City reasonably believes that such mailing
address will be at least as effective at reaching the Responsible Party, including but not limited to
an address provided by a Responsible Party in a request for appeal of a Citation.
D. Service shall be complete at the time of personal service, or forty-eight (48) hours after
posting and mailing, or five days after service by mail alone.
SECTION 12. Procedure to Appeal an Administrative Citation.
Page 11 of 428
6
A. Any recipient of a Citation who is identified as a Responsible Party may contest that he or
she was responsible for violating the COVID-19 Order as cited by appealing the citation to the
City.
B. To appeal the Citation, the recipient must give notice to the City within ten (10) days from
the date of service of the Citation that they are appealing the Citation. The notice to the City may
be made by providing a document, in writing, bearing the title, “Appeal of Administrative Citation”,
containing the following:
1. The name, address and phone number of the appellant; and
2. Sufficient information to identify the Citation; and
3. The grounds on which the Citation is being contested; and
4. All information, including copies of any exhibits, that supports the grounds for appealing
the Citation.
C. Upon receipt of a timely requested appeal, the City will present the matter to the County
Health Officer, City Manager, or their designee, so that they can make an initial determination
about whether the appellant violated a COVID-19 Order as stated in the citation being appealed.
1. The County Health Officer, City Manager, or designee, will consider the appeal by
reviewing any or all of the associated documents presented by the appellant or the City;
2. The County Health Officer, City Manager, or designee, may choose to consult the
appellant, or any other person they believe may offer relevant information;
3. If the County Health Officer, City Manager, or designee, determines that a violation did not
occur, the City will withdraw its citation along with the associated penalty;
4. If the County Health Officer, City Manager, or designee, determines that a violation
occurred, the City will give notice to the appellant, pursuant to Section 9, of the
determination along with instructions on how to continue pursuing their appeal, if desired.
D. If appellant does not submit a timely request to the City for a hearing by a Hearing Officer
after appellant is served the notice of determination of the County Health Officer, City Manager,
or designee, such determination shall become the final administrative order.
E. If the appellant wishes to have a hearing after determination by the County Health Officer,
City Manager, or designee, the appellant must provide written notice to the City within ten (10)
days of service of the notice of the County Health Officer, City Manager, or designee’s
determination, at which point the City will arrange for the matter to be heard by a Hearing Officer
as detailed below.
F. The City Council authorizes the appointment and use of the City’s Hearing Officer(s)
pursuant to Ukiah City Code § 23 for the purpose of hearing appeals pursuant to this Ordinance.
G. If the matter is sent to a Hearing Officer, the City will coordinate with the Hearing Officer
to cause the matter to be set for hearing at the earliest practicable date after the lifting of all
shelter-in-place and/or other social distancing orders of the County Health Officer that were issued
to control the spread of COVID-19.
H. The City will provide notice to the appellant that specifies the date, time and location of
the hearing. Notice may be given by first class mail at the mailing address listed in the request for
appeal. If by mail, such notice shall be placed in the mail no later than fifteen (15) days prior to
the hearing.
Page 12 of 428
7
I. Prior to the hearing in front of the Hearing Officer, the City will provide the Hearing Officer
will all the documents provided by the appellant, along with any additional documents that the
City believes are relevant and supportive of its case. If the Hearing Officer communicates with
either side for the purpose of seeking additional documents, asking questions, or for any other
purpose that is relevant to the hearing proceedings, the party that is contacted should make
reasonable efforts to inform the opposing party of such contact, and substance thereof, no later
than the commencement of the hearing.
SECTION 13. Hearing Procedure.
At the time and place stated in the notice of public hearing, the Hearing Officer shall hear and
consider all relevant evidence, objections or protests, and shall receive testimony from the
Responsible Party, witnesses, City staff, and interested persons relative to such violation of a
COVID-19 order. The hearing may be continued from time to time. The Hearing Officer may
request additional information from the parties prior to issuing a written decision. The failure of
any appellant of an Administrative Citation to appear at the scheduled hearing shall constitute a
failure to exhaust administrative remedies.
SECTION 14. Administrative Order.
A. At the conclusion of the hearing by the Hearing Officer, the Hearing Officer shall determine
whether the Responsible Party violated a COVID-19 Order as specified in the Citation being
contested, and shall state the reasons for that decision in a written order.
B. If the Hearing Officer determines that the Responsible Party violated a COVID-19 Order
as detailed in the appealed Citation, then the penalty amount identified in the Citation, or as
otherwise adjusted by the Hearing Officer, shall be immediately due and payable to the City upon
service of the notice of determination.
C. If the Hearing Officer determines that the Responsible Party did not violate a COVID-19
Order as detailed in the appealed Citation, the Hearing Officer shall order the Citation dismissed,
and the Citation will be deemed withdrawn by the City.
D. The Hearing Officer shall provide a copy of the written decision and administrative order
to City, and City shall serve the Hearing Officer’s decision and order to appellant either personally
or by first class United States mail, postage prepaid.
E. The Hearing Officer’s written decision and order shall become the final administrative
order of the City.
SECTION 15. Right to Judicial Review.
Any Responsible Party aggrieved by the decision of the Hearing Officer may obtain further review
by filing a petition for review with the Mendocino County Superior Court in accordance with the
timelines and provisions as set forth in California Government Code § 53069.4.
SECTION 16. Failure to Pay Fines.
Page 13 of 428
8
The City may pursue any remedy authorized by law to collect administrative penalties that are not
timely paid, including but not limited to a civil action for collection of civil penalties.
SECTION 17. Notices.
A. The Administrative Citation and all notices to be given or served pursuant to this Ordinance
shall be given or served on the Responsible Party in accordance with the provisions of this
Ordinance.
B. If a notice is required by this Ordinance, including but not limited to a notice of Citation,
and the notice is properly given or served pursuant to the provisions of this Ordinance, the failure
to receive such notice shall not affect the validity of proceedings conducted pursuant to this
Ordinance.
SECTION TWO. URGENCY ORDINANCE
This Ordinance is hereby declared to be necessary for the immediate preservation of the
public peace, health, and safety and will take effect and be in force upon its adoption by a four-
fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are
as follows:
1. On March 4, 2020, the Governor declared a State of Emergency in California due to the
threat of Coronavirus Disease 2019 (“COVID-19”). On March 17, 2020, the City's Director of
Emergency Services declared a local emergency due to COVID-19, which was ratified by the
City Council at its March 18, 2020 City Council meeting. Due to directives from federal, state,
and local health officials, residents have been advised to avoid public gatherings and stay at
home to prevent the spread of this disease.
2. On March 16, 2020, the Governor issued Executive Order N-25-20 in Attachment A. The
order mandates that residents heed any order by local public health officials, “including but not
limited to the imposition of social distancing measures, to control the spread of COVID-19”.
4. On May 18, 2020, the Health Official of the County of Mendocino issued a shelter in
place order the violation of which is punishable as a misdemeanor.
5. In June and July there has been an increase in confirmed COVID-19 infections in
Mendocino County and within the Ukiah Valley.
6. On July 14,2020, the Governor reinstituted closing certain businesses to indoor activity,
including restaurants and bars.
75. The purpose of these restrictions on travel and shelter in place orders is to inhibit and
reduce the spread of the COVID-19 coronavirus to protect the health of the City, Mendocino
County, the State of California and the entire country.
86. Violations of the orders of the County Health Officer related to the control of the spread
of COVID-19 present an immediate threat to the public peace, health and safety in that they
increase the likelihood that the COVID-19 virus will spread throughout the County and City in a
manner that may overwhelm our health care systems and may lead to injury and death that
Page 14 of 428
9
might otherwise be substantially reduced through adherence to the orders of the County Health
Officer
97. The immediate enforcement of the orders of the County Health Officer is necessary for
the effective implementation of such orders for the purpose of controlling the spread of COVID-
19 in Mendocino County and the City of Ukiah.
10. Enforcement of Health Orders requiring the wearing of Facial Covering is more effective,
if it can be cited as an infraction rather than as a misdemeanor and the use of Facial Covering
has become critical in preventing the spread of COVID-19 as additional activities are authorized.
118. It would substantially defeat the purpose of the temporary administrative enforcement
mechanism for orders of the County Health Officer provided by this Ordinance and endanger
the health of the community, if the effective date of this Ordinance were delayed to permit
introduction at one City Council meeting, adoption at a second meeting and a referendum
period of 30 days following adoption of the Ordinance.
SECTION THREE
1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to
Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in
a direct or reasonably foreseeable indirect physical change in the environment and because
there is no possibility that it may have a significant effect on the environment.
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the Ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby. The City
Council hereby declares that it would have adopted this Ordinance and any section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Introduced and Adopted on April 1, 2020 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Douglas F. Crane, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
Page 15 of 428
1
UNCODIFIED URGENCY ORDINANCE NO. _____
UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING ORDINANCE NO. 1201 ADOPTING ADMINISTRATIVE PENALTIES FOR
VIOLATION OF THE COUNTY HEALTH OFFICER’S ORDERS PERTAINING TO THE COVID-
19 PANDEMIC
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. ADOPTION OF ORDINANCE
SECTION 1. Findings and purpose.
1.On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency in the
State of California related to the COVID-19 pandemic.
2.On March 4, 2020, the County of Mendocino Health Officer declared a local health emergency
and the County of Mendocino Director of Emergency Services proclaimed the existence of a local
emergency related to the COVID-19.
3.In light of the COVID-19 pandemic and Governor Newsom’s state of emergency proclamation,
on March 12, 2020, the Governor issued Executive Order N-25-20, ordering residents to heed
any order by local public health officials, “including but not limited to the imposition of social
distancing measures, to control the spread of COVID-19”.
4.A violation of the Governor’s Executive Order N-25-20 is a misdemeanor pursuant to California
Government Code § 8665.
5.A violation of the County Health Officer’s orders made to control the spread of COVID-19,
including but not limited the shelter in place order that was issued on March 24, 2020, is a violation
of the Governor’s Executive Order N-25-20.
6.California Health and Safety Code §§ 120275 and 120295 make it a misdemeanor to violate
certain sections of the Health and Safety Code, including those requiring individuals to comply
with health orders to facilitate isolation, such as the County Health Officer’s shelter in place order.
7.Violations of the orders of the County Health Officer related to the control of the spread of
COVID-19 present an immediate threat to the public peace, health and safety in that they increase
the likelihood that the COVID-19 virus will spread throughout the County and City in a manner
that may overwhelm their health care systems and may lead to injury and death that might
otherwise be substantially reduced through adherence to the orders of the County Health Officer.
8.The immediate enforcement of the orders of the County Health Officer is necessary for the
effective implementation of such orders for the purpose of controlling the spread of COVID-19 in
Mendocino County and the City of Ukiah.
9.California Government Code § 53069.4 provides authority to the City Council of the City of
Ukiah to set administrative penalties for violation of any ordinance enacted by the City Council.
10.In order to address the immediate threat to the public peace, health, safety and welfare, this
Ordinance helps to ensure that the orders of the County Health Officer, issued for the purpose of
ATTACHMENT 2
Page 16 of 428
2
controlling the spread of the COVID-19 virus, are followed by providing an administrative
enforcement mechanism as an alternative to the mechanisms already available.
11. Issuance of administrative penalties provides a significant deterrent to violating the County
Health Officer’s orders respecting COVID-19, will help promote social distancing through a
process designed to minimize person-to-person contact.
12. This alternative enforcement mechanism is also designed to provide some relief to law
enforcement, to enable additional City staff to assist with enforcing the County Health Officer’s
orders, and to enhance the City’s ability to control the spread of COVID-19.
13. Pursuant to California Government Code § Section 53069.4, the City Council elects to create
an administrative penalty and hearing process for the purpose of enforcing the orders of the
County Health Officer that are issued for the purpose of controlling the spread of the COVID-19
virus.
14. The potential damage caused by a violation of an order of the County Health Officer demands
a substantial penalty so as to provide an effective and significant deterrent to violating such
orders.
15. For violations of the orders of the County Health Officer involving predatory profiteering in a
declared local emergency, the administrative penalties must be substantial enough to deter such
practices.
SECTION 2. Applicability.
This ordinance amends Urgency Ordinance No. ____, applies from July 15, 2020, through
September 30, 2020, within the incorporated City limits or such additional period of time as
declared by City Council resolution.
SECTION 3. Authority.
This ordinance is adopted pursuant to the general police power of the City under Cal. Const Art
XI § 7 to protect the health, safety and welfare of its citizens, the local emergency declared by the
City Council on March 18, 2020 pursuant to Government Code Section 8630 and the Governor's
Executive Order N-25-20, a true and correct copy of which is attached hereto as Attachment A
and incorporated herein.
SECTION 4. Citation.
This ordinance may be referred to as the “COVID-19 Admin Penalties Ordinance.”
SECTION 5. Definitions.
A. “Citation” or “Administrative Citation” means a civil citation issued pursuant to Section 9 of
this Ordinance.
B. “Commercial Activity” means the distribution and sale or rental of goods and the provision
of services other than Essential Services as defined in the County Health Officer’s COVID-19
Order.
Page 17 of 428
3
C. “COVID-19 Order” means an order of the County Health Officer that is now in existence,
or later comes into existence, which is issued for the purpose of controlling the spread of the
COVID-19 virus, and which reflects the Governor’s order to all residents to heed the orders of
local public health officials, as stated in paragraph 1 of Executive Order N-25-20 that was issued
by the Governor of California on March 12, 2020.
D. “Days” means calendar days.
E. “Enforcement Officer” means a City employee designated as having the authority to issue
citations or notices to appear as provided in Ukiah City Code Section 6323, , any peace officer
with jurisdiction in the City of Ukiah, including pursuant to Penal Code Section 830.1(a)(2), any
person designated by the City Manager to be responsible for Code Enforcement, or anyone
identified by resolution of the City Council.
F. “Responsible Party” means an individual or legal entity, or the agent or legal guardian of
such individual or entity, whose action or failure to act violates a COVID-19 Order.
SECTION 6. Adoption of County Health Officer Orders as City Law.
All COVID-19 Orders are hereby incorporated into this Ordinance as the law of the City of Ukiah.
SECTION 7. Violation and Enforcement.
A. A violation of a COVID-19 Order shall be a misdemeanor, a public nuisance, and a
violation of this Ordinance, and as such, a violation of this Ordinance may be enforced as a
misdemeanor, as a public nuisance, or as a civil violation through imposition of administrative
penalties as detailed in this ordinance.
B. It shall be a violation of this ordinance and the Law of the City of Ukiah , enforceable as
an infraction, nuisance, or civil penalty by way of an Administrative Citation, for any individual
person to willfully or negligently refuse to wear a Facial Covering in compliance with a COVID-19
Order after an Enforcement Officer has informed the person that a Facial Covering is required by
this section. As used herein “Facial Covering” means any worn garment, mask or device without
holes that simultaneously covers both the nose and mouth, such as a bandana, a scarf, a neck
gaiter , or a homemade cover, which can be secured to the head with ties or straps or wrapped
around the lower-face, including but not limited to a face shield (i.e. a piece of rigid, clear plastic
attached to a headband which covers the entire face extending from the forehead to below the
chin).
C. This Ordinance may be enforced by an Enforcement Officer.
D. Use of this Ordinance shall be at the sole discretion of the City, its officers, agents and
employees.
SECTION 8. Nonexclusivity and Election of Proceedings.
This Ordinance provides for enforcement proceedings that are supplemental to all other
enforcement proceedings provided by local, state or federal law, whether administrative, civil or
criminal in nature. As such, the provisions of this Ordinance may be utilized alone or in conjunction
with any other remedy at law or in equity, including, but not limited to, temporary restraining order
and preliminary or permanent injunctive relief. Election to employ one or more proceedings
Page 18 of 428
4
provided by this Ordinance shall be at the sole discretion of the City and shall be without prejudice
to the City choosing to also proceed simultaneously or subsequently by pursuing different
enforcement proceedings or remedies with respect to the same violation.
SECTION 9. Issuance of Notice or Citation; Penalty Amounts.
A. Each and every day a violation of a COVID-19 Order exists constitutes a separate and
distinct offense. One or more citations may be issued for each day the violation continues.
B. Any Responsible Party violating any provision of a COVID-19 Order may be issued an
Administrative Citation by an Enforcement Officer.
C. The Enforcement Officer may issue a Citation for a violation not committed in their
presence, if they determine through investigation, including but not limited to credible input from
City staff, that the Responsible Party did commit or is otherwise responsible for the violation.
D. When an Enforcement Officer discovers, or otherwise determines that a violation of a
COVID-19 Order occurred, such Enforcement Officer may issue a Notice of Violation to the
Responsible Party that provides twenty-four (24) hours to abate the violation. The decision to
issue a Notice of Violation rather than a Citation is at the discretion of the Enforcement Officer.
E. If the Responsible Party has not abated, or otherwise repeats the same violation as stated
in the Notice of Violation, after the passage of twenty-four (24) hours from the service of the Notice
of Violation, the Enforcement Officer may then issue an Administrative Citation that imposes a
civil penalty.
F. The civil penalty for each violation involving a non-Commercial Activity shall be a of $100
for a first offense, $250 for a second offense within one year and $500 for each additional offense
within one year.
G. The civil penalty for each violation involving a Commercial Activity shall be a fine not to
exceed $10,000.00.
H. The administrative penalty becomes effective and due immediately upon issuance of the
Citation. The Responsible Party has ninety (90) days from the date of service of the Citation to
pay the penalty to the City Manager or his or her designee in the absence of a timely submitted
request for an administrative hearing to appeal the citation.
I. The administrative penalty, or any portion thereof, may be waived by the City Manager as
the Director of Emergency Services, or his or her designee, for good cause.
SECTION 10. Form and Service for Citation or Notice.
A. The Administrative Citation or Notice of Violation shall contain the following
information:
1. The name and address of the Responsible Party;
2. The date and address or description of the location where the violation occurred;
3. Reference to the COVID-19 Order that the act or omission violated, including reference to
the paragraph number containing the provision violated and the date of issuance of the
Page 19 of 428
5
COVID-19 Order; a brief description of the violation should be included if greater specificity
is required to provide adequate notice of the violation;
4. The amount of the penalty if the notice provided is for an Administrative Citation;
5. Identification of appeal rights and a description of how to appeal;
6. The location and method of payment;
7. The signature of the Enforcement Officer issuing the Citation along with the date of
issuance of the Citation.
B. Any Administrative Citation or Notice of Violation issued pursuant to this Ordinance
shall be served upon the Responsible Party pursuant to Section 11 of this Ordinance.
SECTION 11. Service Procedures.
An Administrative Citation may be served on the Responsible Party as follows:
A. Personal service: Personal service may be accomplished without violating the COVID-19
Orders by setting the Citation documents down near the Responsible Party and stating, in a voice
loud enough to be heard by the Responsible Party, that the documents are for the Responsible
Party, if the Responsible Party subsequently either picks up the documents or makes an indication
that they understand that the documents are intended for them; or
B. Posting and Mailing: Posting and mailing requires both of the following:
1. Posting the Citation on any real property within the City in which the City has knowledge
that the Responsible Party has a legal interest, or at the location at which the violation
occurred; posting shall be placed in a position that is likely to catch the attention of a
person entering the property, including but not limited to a front door, gate, or near a
mailbox; and
2. Mailing the Citation by first class mail, postage prepaid, to the address that the citation
was posted, or to any other mailing address of the Responsible Party that is known to the
City if the City reasonably believes that such mailing address will be at least as effective
at reaching the Responsible Party, including but not limited to an address provided by a
Responsible Party in a request for appeal of a Citation; or
C. By Mail: Service by mail may be accomplished by sending the Citation by first class mail,
postage prepaid, to the location that the violation occurred, or to any other mailing address of the
Responsible Party that is known to the City if the City reasonably believes that such mailing
address will be at least as effective at reaching the Responsible Party, including but not limited to
an address provided by a Responsible Party in a request for appeal of a Citation.
D. Service shall be complete at the time of personal service, or forty-eight (48) hours after
posting and mailing, or five days after service by mail alone.
SECTION 12. Procedure to Appeal an Administrative Citation.
A. Any recipient of a Citation who is identified as a Responsible Party may contest that he or
she was responsible for violating the COVID-19 Order as cited by appealing the citation to the
City.
Page 20 of 428
6
B. To appeal the Citation, the recipient must give notice to the City within ten (10) days from
the date of service of the Citation that they are appealing the Citation. The notice to the City may
be made by providing a document, in writing, bearing the title, “Appeal of Administrative Citation”,
containing the following:
1. The name, address and phone number of the appellant; and
2. Sufficient information to identify the Citation; and
3. The grounds on which the Citation is being contested; and
4. All information, including copies of any exhibits, that supports the grounds for appealing
the Citation.
C. Upon receipt of a timely requested appeal, the City will present the matter to the County
Health Officer, City Manager, or their designee, so that they can make an initial determination
about whether the appellant violated a COVID-19 Order as stated in the citation being appealed.
1. The County Health Officer, City Manager, or designee, will consider the appeal by
reviewing any or all of the associated documents presented by the appellant or the City;
2. The County Health Officer, City Manager, or designee, may choose to consult the
appellant, or any other person they believe may offer relevant information;
3. If the County Health Officer, City Manager, or designee, determines that a violation did not
occur, the City will withdraw its citation along with the associated penalty;
4. If the County Health Officer, City Manager, or designee, determines that a violation
occurred, the City will give notice to the appellant, pursuant to Section 9, of the
determination along with instructions on how to continue pursuing their appeal, if desired.
D. If appellant does not submit a timely request to the City for a hearing by a Hearing Officer
after appellant is served the notice of determination of the County Health Officer, City Manager,
or designee, such determination shall become the final administrative order.
E. If the appellant wishes to have a hearing after determination by the County Health Officer,
City Manager, or designee, the appellant must provide written notice to the City within ten (10)
days of service of the notice of the County Health Officer, City Manager, or designee’s
determination, at which point the City will arrange for the matter to be heard by a Hearing Officer
as detailed below.
F. The City Council authorizes the appointment and use of the City’s Hearing Officer(s)
pursuant to Ukiah City Code § 23 for the purpose of hearing appeals pursuant to this Ordinance.
G. If the matter is sent to a Hearing Officer, the City will coordinate with the Hearing Officer
to cause the matter to be set for hearing at the earliest practicable date after the lifting of all
shelter-in-place and/or other social distancing orders of the County Health Officer that were issued
to control the spread of COVID-19.
H. The City will provide notice to the appellant that specifies the date, time and location of
the hearing. Notice may be given by first class mail at the mailing address listed in the request for
appeal. If by mail, such notice shall be placed in the mail no later than fifteen (15) days prior to
the hearing.
I. Prior to the hearing in front of the Hearing Officer, the City will provide the Hearing Officer
will all the documents provided by the appellant, along with any additional documents that the
City believes are relevant and supportive of its case. If the Hearing Officer communicates with
Page 21 of 428
7
either side for the purpose of seeking additional documents, asking questions, or for any other
purpose that is relevant to the hearing proceedings, the party that is contacted should make
reasonable efforts to inform the opposing party of such contact, and substance thereof, no later
than the commencement of the hearing.
SECTION 13. Hearing Procedure.
At the time and place stated in the notice of public hearing, the Hearing Officer shall hear and
consider all relevant evidence, objections or protests, and shall receive testimony from the
Responsible Party, witnesses, City staff, and interested persons relative to such violation of a
COVID-19 order. The hearing may be continued from time to time. The Hearing Officer may
request additional information from the parties prior to issuing a written decision. The failure of
any appellant of an Administrative Citation to appear at the scheduled hearing shall constitute a
failure to exhaust administrative remedies.
SECTION 14. Administrative Order.
A. At the conclusion of the hearing by the Hearing Officer, the Hearing Officer shall determine
whether the Responsible Party violated a COVID-19 Order as specified in the Citation being
contested, and shall state the reasons for that decision in a written order.
B. If the Hearing Officer determines that the Responsible Party violated a COVID-19 Order
as detailed in the appealed Citation, then the penalty amount identified in the Citation, or as
otherwise adjusted by the Hearing Officer, shall be immediately due and payable to the City upon
service of the notice of determination.
C. If the Hearing Officer determines that the Responsible Party did not violate a COVID-19
Order as detailed in the appealed Citation, the Hearing Officer shall order the Citation dismissed,
and the Citation will be deemed withdrawn by the City.
D. The Hearing Officer shall provide a copy of the written decision and administrative order
to City, and City shall serve the Hearing Officer’s decision and order to appellant either personally
or by first class United States mail, postage prepaid.
E. The Hearing Officer’s written decision and order shall become the final administrative
order of the City.
SECTION 15. Right to Judicial Review.
Any Responsible Party aggrieved by the decision of the Hearing Officer may obtain further review
by filing a petition for review with the Mendocino County Superior Court in accordance with the
timelines and provisions as set forth in California Government Code § 53069.4.
SECTION 16. Failure to Pay Fines.
The City may pursue any remedy authorized by law to collect administrative penalties that are not
timely paid, including but not limited to a civil action for collection of civil penalties.
SECTION 17. Notices.
Page 22 of 428
8
A. The Administrative Citation and all notices to be given or served pursuant to this Ordinance
shall be given or served on the Responsible Party in accordance with the provisions of this
Ordinance.
B. If a notice is required by this Ordinance, including but not limited to a notice of Citation,
and the notice is properly given or served pursuant to the provisions of this Ordinance, the failure
to receive such notice shall not affect the validity of proceedings conducted pursuant to this
Ordinance.
SECTION TWO. URGENCY ORDINANCE
This Ordinance is hereby declared to be necessary for the immediate preservation of the
public peace, health, and safety and will take effect and be in force upon its adoption by a four-
fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are
as follows:
1. On March 4, 2020, the Governor declared a State of Emergency in California due to the
threat of Coronavirus Disease 2019 (“COVID-19”). On March 17, 2020, the City's Director of
Emergency Services declared a local emergency due to COVID-19, which was ratified by the City
Council at its March 18, 2020 City Council meeting. Due to directives from federal, state, and local
health officials, residents have been advised to avoid public gatherings and stay at home to
prevent the spread of this disease.
2. On March 16, 2020, the Governor issued Executive Order N-25-20 in Attachment A. The
order mandates that residents heed any order by local public health officials, “including but not
limited to the imposition of social distancing measures, to control the spread of COVID-19”.
4. On May 18, 2020, the Health Official of the County of Mendocino issued a shelter in place
order the violation of which is punishable as a misdemeanor.
5. In June and July there has been an increase in confirmed COVID-19 infections in
Mendocino County and within the Ukiah Valley.
6. On July 14,2020, the Governor reinstituted closing certain businesses to indoor activity,
including restaurants and bars.
7. The purpose of these restrictions on travel and shelter in place orders is to inhibit and
reduce the spread of the COVID-19 coronavirus to protect the health of the City, Mendocino
County, the State of California and the entire country.
8. Violations of the orders of the County Health Officer related to the control of the spread of
COVID-19 present an immediate threat to the public peace, health and safety in that they increase
the likelihood that the COVID-19 virus will spread throughout the County and City in a manner
that may overwhelm our health care systems and may lead to injury and death that might
otherwise be substantially reduced through adherence to the orders of the County Health Officer
9. The immediate enforcement of the orders of the County Health Officer is necessary for
the effective implementation of such orders for the purpose of controlling the spread of COVID-
19 in Mendocino County and the City of Ukiah.
Page 23 of 428
9
10. Enforcement of Health Orders requiring the wearing of Facial Covering is more effective,
if it can be cited as an infraction rather than as a misdemeanor and the use of Facial Covering
has become critical in preventing the spread of COVID-19 as additional activities are authorized.
11. It would substantially defeat the purpose of the temporary administrative enforcement
mechanism for orders of the County Health Officer provided by this Ordinance and endanger the
health of the community, if the effective date of this Ordinance were delayed to permit introduction
at one City Council meeting, adoption at a second meeting and a referendum period of 30 days
following adoption of the Ordinance.
SECTION THREE
1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to
Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in
a direct or reasonably foreseeable indirect physical change in the environment and because there
is no possibility that it may have a significant effect on the environment.
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, the remainder of the Ordinance and the application of such
provision to other persons or circumstances shall not be affected thereby. The City Council
hereby declares that it would have adopted this Ordinance and any section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Introduced and Adopted on July 15, 2020 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Douglas F. Crane, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
Page 24 of 428
Page 1 of 5
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
https://attendee.gotowebinar.com/rt/4910662329263871245
July 1, 2020
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on July 1, 2020, having been legally noticed on June
26, 2020. Mayor Crane called the meeting to order at 6:02 p.m. Roll was taken with the following
Councilmembers Present: Maureen Mulheren, Jim O. Brown, Stephen G. Scalmanini, Juan V.
Orozco, and Douglas F. Crane. Staff Present: Sage Sangiacomo, City Manager; David Rapport,
City Attorney; and Kristine Lawler, City Clerk.
MAYOR CRANE PRESIDING.
2.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Sage Sangiacomo, City Manager.
3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.PETITIONS AND COMMUNICATIONS
5.APPROVAL OF MINUTES
a.Approval of the Minutes for the June 17, 2020, Special Meeting.
b.Approval of the Minutes for the June 17, 2020, Regular Meeting.
c.Approval of the Minutes for the June 18, 2020, Special Meeting.
Motion/Second: Orozco/Scalmanini to approve the Minutes of June 17, 2020, a special meeting;
the Minutes of June 17, 2020, a regular meeting; and the Minutes of June 18, 2020, a special meeting
as submitted. Motion carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini,
Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7.CONSENT CALENDAR
a.Authorize the City Manager to Execute an Agreement (COU No. 2021-082) with Psomas for Land
Surveyor Services in an Amount of $55,410.40 – Water Resources.
b.Approval and Adoption of Resolution (2020-38) Amending and Extending Memoranda of
Understanding (COU No. 2021-083 Fire Unit; COU No. 2021-084 OE3 Water Utilities and
Mechanics Unit; COU No. 2021-085 OE3 Administrative and Maintenance Unit) with Employee
Bargaining Units – Human Resources.
c.Approve Change Order to Purchase Order #46601 to Vaughan's Industrial Repair Inc. to Rebuild
two (2) Fairbanks Morse 10" VTSH Pumps for the Amount of $46,634 – Water Resources.
d.Receive Annual Report of Boards and Commission Term Expirations and Vacancies – City Clerk.
AGENDA ITEM 5a
Page 25 of 428
City Council Minutes for July 1, 2020, Continued:
Page 2 of 5
e. Authorize the City Manager to Execute a Contract Amendment (COU No. 1213-130-A2) with
Wagner and Bonsignore for Water Rights Consulting Services in an Amount of $40,000 – Water
Resources.
f. Consideration of Approval of a Refund to the Federal Aviation Administration (FAA) in the
Amount of $29,067 for the Airport Improvement Program (AIP) Grant 16 Funds, Due to an FAA
Clerical Error – Airport.
g. Authorize the City Manager to Negotiate and Execute a Multi-function Copier Lease and
Maintenance Contract (COU No. 2021-086) with Xerox for the Replacement of the Existing
Machines – Finance.
h. Award Contract (COU No. 2021-087) to C.V. Larsen Co. in the Amount of $526,500 for the PZ2S
Water Tank Replacement Project, Specification No. 20-02, Revision 1, and Approval of
Corresponding Budget Amendment – Water Resources.
i. Adoption of Amended Sewer Charges Ordinance – Water Resources.
ORDINANCE NO. 1203
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 4,
CHAPTER 2, ARTICLE 8 OF THE UKIAH CITY CODE, ENTILED: SEWER CHARGES
Motion/Second: Scalmanini/Brown to approve Consent Calendar Items 7a-7i, as submitted. Motion
carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No audience comments were received.
9. COUNCIL REPORTS
No reports were received.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager.
Construction Activity – Tim Eriksen, Public Works Director / City Engineer.
11. PUBLIC HEARINGS (6:15 PM)
a. Public Hearing on Financing Documentation for Facilities Acquisition, Enhancement, and
Repair of Recently Acquired Property at 501 South State Street and Other Facilities
(Recommended to be continued to a date certain of August 5, 2020).
Presenter: Sage Sangiacomo, City Manager
PUBLIC HEARING OPENED AT 6:23 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 6:23 P.M.
Motion/Second: Scalmanini/Brown to continue the agenda item to a time/date certain of August 5,
2020, at 6:15 PM to conduct a public hearing on financing documentation for facility acquisition and
improvements. Motion carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini,
Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
Page 26 of 428
City Council Minutes for July 1, 2020, Continued:
Page 3 of 5
12. UNFINISHED BUSINESS
a. Approval of Agreement to Continue Registered Municipal Financial Advisory, Continuing
Disclosure, Debt Issuance, and General Financial Consultancy Services with NHA
Advisors.
Presenter: Dan Buffalo, Finance Director.
Motion/Second: Scalmanini/Orozco to approve and authorize the City Manager or designee to
negotiate final terms with NHA Advisors and execute an agreement (COU No. 2021-088) for
continued financial advisory services. Motion carried by the following roll call votes: AYES:
Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
b. Receive Status Report and Consider Any Action or Direction Related to the Novel
Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response;
Continuity of City Operations and Services; Community and Business Impacts; and Any
Other Related Matters.
Presenters: Tami Bartolomei, Office of Emergency Management Coordinator and Sage
Sangiacomo, City Manager.
Reports were received.
c. Consider Request for Continuing Funding, in the Amount of $50,000.00, for the Ongoing
Potter Valley Project Licensing Efforts by the Mendocino County Inland Water and Power
Commission.
Presenter: Sean White, Water Resources Director.
Public Comment: Devon Jones, Mendocino County Farm Bureau, Executive Director (read by
clerk) and Janet Pauli, Inland Power and Water Commission (IWPC) Executive Director.
Motion by Councilmember Brown, and Seconded by Mulheren for the recommended action with the
request for a letter from the IWPC Director stating in simple terms of where funds will be used, how
much cost is estimated for the next five years, and which agencies will be participating.
Upon public comment submitted by the IWPC Director, the Maker amended the motion to withdraw
the special request, and the Second concurred.
Motion/Second: Brown/Mulheren to approve request for continuing funding, in the amount of
$50,000.00, for the ongoing Potter Valley Project Licensing Efforts by the Mendocino County Inland
Water and Power Commission. Motion carried by the following roll call votes: AYES: Mulheren,
Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
13. NEW BUSINESS
a. Award Contract to Excergy for Project Management Services in the amount of $143,131
for the Selection and Implementation of a Utility Billing Customer Information System,
Authorize the City Manager to Negotiate and Execute an Agreement, and Approve
Corresponding Budget Amendment.
Presenters: Mary Horger, Financial Services Manager and Lori Martin Billing & Customer Services
Manager.
Motion/Second: Brown/Orozco to award contract (COU No. 2021-089) to Excergy for Project
Management Services for the selection and implementation of a Utility Billing Customer Information
System, authorize the City Manager to negotiate and execute an agreement, and approve
corresponding budget Amendment. Motion carried by the following roll call votes: AYES: Mulheren,
Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
Page 27 of 428
City Council Minutes for July 1, 2020, Continued:
Page 4 of 5
b. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
Presenter: Mayor Crane, Sage Sangiacomo, City Manager, Vice Mayor Orozco, and
Councilmember Mulheren,
Motion/Second: Brown/Mulheren to form a Diversity and Equity ad hoc consisting of Vice Mayor
Orozco and Councilmember Mulheren. Motion carried by the following roll call votes: AYES:
Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:41 P.M., AND RECONVENED IN
OPEN SESSION AT 8:12 P.M.
c. Consideration of a Resolution Approving Service Level Changes Due to Economic
Impacts Related to COVID-19 Pandemic and Other Service Level Reductions.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Brown/Scalmanini to adopt a resolution (2020-39) approving service level changes
due to economic impacts related to COVID-19 pandemic and other service level reductions. Motion
carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane.
NOES: None. ABSENT: None. ABSTAIN: None.
14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d))
A. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9: (Number of potential cases: 1.)
B. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9: (Number of potential cases: 1)
b. Conference with Legal Counsel—Anticipated Litigation
Government Code Section 54956.9(d)(2)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(1) (Number
of potential case: 1)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT-15-66036
e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 002-192-14-00 (280 E. Standley)
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Onetogether Solutions
Under Negotiation: Price & Terms of Payment
f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No additional Closed Session was held, and no report was received.
Page 28 of 428
City Council Minutes for July 1, 2020, Continued:
Page 5 of 5
15. ADJOURNMENT
There being no further business, the meeting adjourned at 8:14 p.m.
________________________________
Kristine Lawler, City Clerk
Page 29 of 428
Page 1 of 2
Agenda Item No: 7.a.
MEETING DATE/TIME: 7/15/2020
ITEM NO: 2020-466
AGENDA SUMMARY REPORT
SUBJECT: Designation of Voting Delegates and Alternates for the League of California Cities Annual
Conference – October 7 - 9, 2020.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Consent Calendar
ATTACHMENTS:
1. Conference Announcement
2. Voting Procedures
3. Voting Delegate Form
Summary: Council is to designate a voting delegate and alternate(s) for the 2020 League of California Cities
Annual Conference and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf.
Background: The League of California Cities 2020 Annual Conference is scheduled for October 7 - 9, 2020,
(Attachment 1). Although the conference is tentatively planned to be held in Long Beach, alternative
procedures will be provided if COVID-19 restrictions prohibit the location. On Friday, October 9, the League
will hold its Annual Business meeting where membership considers and takes action on resolutions that
establish League policy. The League is requesting the City Council designate a voting delegate and, if desired,
up to two voting delegate alternates to participate in this meeting (Attachment 2). Councilmember Mulheren is
currently assigned to the League and plans to attend the conference virtually, even if the conference is held at
the physical location in Long Beach.
Discussion: Staff is recommending that Council designate Councilmember Mulheren as the Voting Delegate
and Sage Sangiacomo, City Manager and Shannon Riley, Deputy City Manager as the Alternate(s) for the
2020 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate
Form (Attachment 3) on their behalf.
Recommended Action: Designate Councilmember Mulheren as the Voting Delegate, and Sage Sangiacomo,
City Manager and Shannon Riley, Deputy City Manager as the Alternate(s) to represent the City of Ukiah for
the 2020 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate
Form on their behalf
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 30 of 428
Page 2 of 2
Page 31 of 428
ATTACHMENT 1
Page 32 of 428
ATTACHMENT 2
Page 33 of 428
ATTACHMENT 3
Page 34 of 428
Page 1 of 2
Agenda Item No: 7.b.
MEETING DATE/TIME: 7/15/2020
ITEM NO: 2020-469
AGENDA SUMMARY REPORT
SUBJECT: Council to Receive and File Adopted 2020-21 Fiscal Year City of Ukiah Budget Document.
DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director, Daphine Harris,
Management Analyst
PRESENTER: Consent Calendar
ATTACHMENTS:
None
Summary: Council to receive and file adopted 2020-21 Fiscal Year City of Ukiah budget document.
Background: A budget for local government is meant to be a dynamic, malleable, and useful tool for decision-
makers and the community. It conveys a number of different messages to the community served, including
how available resources will be allocated. The budget is encapsulated in a single document to deliver that
message. The City’s Management Team recognizes and appreciates the City Council’s support for a well-
developed and clear budget document. The presented budget document represents a continued improvement
in content, form, and presentation and is a continuation of the framework developed last year to meet the
highest professional standards of budgeting.
Council received Departmental Presentations at a special meeting on June 18, 2020. Departments and
divisions tailored their individual objectives and accomplishments with the effects of the COVID-19
pandemic. Council approved and adopted at that meeting the City's budget for the 2020-21 fiscal year and
Gann Limit through resolution.
The budget document presents information and data at the fund level, a departmental/division summary
level, and a department/division detail expenditure/revenue line level. The detail is delivered
through OpenGov. From there, any reader of the budget can navigate and review any
specific element of the budget.
Discussion: During Budget Unit presentations on Thursday, June 18, 2020, Council reviewed and discussed
departmental struggles and expectations in relations to the COVID-19 pandemic.
The entire budget document is presented through the OpenGov platform, a web-based platform that allows for
significant functionality when viewing and analyzing budgetary information. The budget through OpenGov can
be found by following this link:
https://stories.opengov.com/ukiahca/published/hKmhwPewF
This page is the cover of the budget document, including a table of contents at the bottom. Each budget
story can be accessed by clicking on its respective link in the table of contents.
The OpenGov platform is best viewed through the Google Chrome web browser. It is a free application and
can be found at the following link, complete with download and installation instructions:
Page 35 of 428
Page 2 of 2
https://www.google.com/chrome/
Recommended Action: Receive and File adopted 2020-21 Fiscal Year City of Ukiah Budget Document.
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT:
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
Page 36 of 428
Page 1 of 2
Agenda Item No: 7.c.
MEETING DATE/TIME: 7/15/2020
ITEM NO: 2020-471
AGENDA SUMMARY REPORT
SUBJECT: Award Contract to Systems Integrated in the Amount of $245,461 to Replace Lake Mendocino
Hydroelectric Plant's Control System, Authorize the City Manager to Negotiate and Execute an Agreement,
and Approve Corresponding Budget Amendment.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director
PRESENTER: Consent Calendar
ATTACHMENTS:
1. RFP
2. Proposal Evaluation Summary Hydro SCADA Upgrade
3. Proposal - Systems Integrated - Proprietary Information Redacted
Summary: Council will consider awarding a contract to Systems Integrated in the amount of $245,461.00 to
replace, program and conduct performance testing of the Hydroelectric Plant's Supervisory Control and Data
Acquisition (SCADA)/Programmable Logic Controllers (PLCs), authorize the City Manager to negotiate and
execute an agreement, and approve corresponding budget amendment.
Background: The Lake Mendocino Hydroelectric Plant, located at the base of Coyote Valley Dam, became
operational in 1986. The Hydro Plant provides up to 12% of the City's energy needs with green, renewable
energy. The Electric Utility Department operates and maintains the plant generators, turbines, governors and
control and communications systems that are critical in maintaining proper river flow and plant operation. This
project is to replace the outdated control and communication equipment which are out of production, making
parts unavailable.
Discussion: On Februray 19, 2020, a Request for Proposal was released for the upgrade of the Hydroelectric
Plant SCADA/PLC system. Please refer to Attachment 1 for a copy of the RFP. Proposals were due by
5:00pm, Tuesday May 5, 2020. Proposals were received from six (6) vendors.
An evaluation team consisting of the Assistant Electric Utility Director, and two Electric Utility Technicians
carefully reviewed and scored the proposals. Please refer to Attachment 2 for a copy of the evaluation
results. Lighthouse Industrial Inc. in conjunction with In came in as the top firm, with a score of 92.
THe proposal submitted by Systems Integrated is provided as Attachment 3, which proposes to provide the
requested services in an amount not to exceed $245,461. The proposal was found to be the most qualified for
this project, with hydroelectric experience.
It is staff's recommendation that the contract be awarded to Systems Integrated for the SCADA/PLC upgrade
in the amount of $245,461, authorize the City Manager to negotiate and execute an agreement, and approve a
corresponding budget amendment. Budget amendment requested includes an additional 10% of the project
for unanticipated change orders.
Recommended Action: Award contract to Systems Integrated in the amount of $245,461 for the
Hydroelectric Plant SCADA/PLC Replacement Project, authorize the City Manager to negotiate and execute
an agreement, and approve corresponding budget amendment.
Page 37 of 428
Page 2 of 2
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80230.18042: $175,000
PROPOSED BUDGET AMOUNT: 80126100.80230.18042: Additional $95,007 needed, for a revised budget
amount of $270,007.
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager
Page 38 of 428
REQUEST FOR PROPOSAL
HYDRO PLANT SCADA/PLC UPGRADE
Request Date: February 19, 2020
MANDATORY PRE-PROPOSAL MEETING: 11:00 a.m., March 4, 2020
Hydro Electric Plant
1229 Lake Mendocino Drive, Ukiah CA 95482
Deadline for Responses: March 17, 2020, 5:00 P.M. (PST)
Page 39 of 428
City of Ukiah Page 2
RFP for Hydro Plant SCADA/PLC Upgrade
CITY OF UKIAH
Request for Proposal (RFP) – HYDRO PLANT SCADA/PLC UPGRADE
1.0 INTRODUCTION & BACKGROUND
The City of Ukiah is soliciting proposals for an upgrade of the existing SCADA system located at the Utility’s
Lake Mendocino hydro generation facility.
The City of Ukiah owns and operates a 3.5MW hydro generation facility at the Coyote Dam, located on the
east fork of the Russian River in Mendocino County, California. The hydro plant powerhouse contains one
2.5MW generator and one 1.0MW generator. Both generators are operated independently or together as
water flows permit. Water flow is controlled by the US Army Corps of Engineers, Northern California Power
Agency (NCPA) and the City of Ukiah Electric Utility (EUD) with direction from Sonoma County Water Agency.
A communication link is provided by the EUD to NCPA with a T1 line for remote operation.
The existing SCADA and PLC Systems are outdated and need replacement. See attached one line. The system
consists of:
• System consists of 2 SCADA computers with windows XP.
• SCADA Software is GE Ifix 4.0 which is running on the 2 windows XP computers.
• Plant consists of 4 Allen Bradley PLCs SLC5/04 with DH+ communication to SCADA computers.
• SCADA computers are using Rslinx OPC IO server for communication.
• Scada1 computer has RSLogix 500 Software for PLC programming.
• NCPA communication to the Ukiah plant is through a leased T1 line via an Allen-Bradley 1770-KF2 DH+
to serial converter.
• Direct Alarm Notification to the EUD is not available.
• Remote Access by the EUD is not available.
• Time Synchronization from SEL-2407 to SCADA computers is not connected.
The existing PLCs have the following configuration:
SCADA PLC
SLOT PART NUMBER DISCRIPTION
1746-P4 POWER SUPPLY
1746-A13 13 SLOT RACK
0 1747-L543C 5/04 CPU 64K MEM OS401 SERIES C FRN 3-8
1
2 1746-IB32 32 INPUT (SINK) 24 VDC
3 1746-IB32 32 INPUT (SINK) 24 VDC
4 1746-IB32 32 INPUT (SINK) 24 VDC
5
6 1746-OW16 16 OUTPUT (RELAY) 240 VAC
7 1746-OW16 16 OUTPUT (RELAY) 240 VAC
8
9 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-3
10 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-3
11 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-3
12
Page 40 of 428
City of Ukiah Page 3
RFP for Hydro Plant SCADA/PLC Upgrade
UNIT 1 PLC
SLOT PART NUMBER DISCRIPTION
1746-P4 POWER SUPPLY
1746-A13 13 SLOT RACK
0 1747-L543C 5/04 CPU 64K MEM OS401 SERIES C FRN
1 10 & LATER
2 1746-IB32 32 INPUT (SINK) 24 VDC
3 1746-IB32 32 INPUT (SINK) 24 VDC
4 1746-IB32 32 INPUT (SINK) 24 VDC
5
6 1746-OW16 16 OUTPUT (RELAY) 240 VAC
7 1746-OW16 16 OUTPUT (RELAY) 240 VAC
8
9 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-1
10 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-1
11
12
UNIT 2 PLC
SLOT PART NUMBER DISCRIPTION
1746-P4 POWER SUPPLY
1746-A13 13 SLOT RACK
0 1747-L543C 5/04 CPU 64K MEM OS401 SERIES C FRN 3-8
1
2 1746-IB32 32 INPUT (SINK) 24 VDC
3 1746-IB32 32 INPUT (SINK) 24 VDC
4 1746-IB32 32 INPUT (SINK) 24 VDC
5
6 1746-OW16 16 OUTPUT (RELAY) 240 VAC
7 1746-OW16 16 OUTPUT (RELAY) 240 VAC
8
9 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-1
10 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-1
11
12
Page 41 of 428
City of Ukiah Page 4
RFP for Hydro Plant SCADA/PLC Upgrade
AUX PLC
SLOT PART NUMBER DISCRIPTION
1746-P4 POWER SUPPLY
1746-A13 13 SLOT RACK
0 1747-L541 5/04 CPU 16K MEM OS401
1
2 1746-IB32 32 INPUT (SINK) 24 VDC
3
4 1746-OW16 16 OUTPUT (RELAY) 240 VAC
5 1746-OW16 16 OUTPUT (RELAY) 240 VAC
6
7 1746-NR8 ANALOG 8 CHANNEL RTD CLASS-1
8 1746-NR8 ANALOG 8 CHANNEL RTD CLASS-1
9 1746-NR8 ANALOG 8 CHANNEL RTD CLASS-1
10
11 1746-NI8 ANALOG 8 CHANNEL INPUT CLASS-1
2.0 SCHEDULE OF EVENTS AND PROPOSAL SUBMITTAL INSTRUCTIONS
The schedule for this procurement is as follows:
Distribute Request for Proposals: February 19, 2020
Mandatory Pre-Proposal Meeting*: 11:00 a.m., March 4, 2020
Deadline for Responses: March 17, 2020, 5:00 P.M. (Pacific Time)
City Evaluation of Proposals: By March 25, 2020
Interviews (if necessary) By March 25, 2020
City Council approval requested
for contract award (tentative): April 1, 2020
The City must receive proposals no later than the time and date specified above. Those proposals received
after this date and time will not be considered. One copy of the technical proposal shall be provided in hard
copy, and a copy shall also be provided on a USB flash drive. Proposals are to be sent to the following:
Mary Horger, Financial Services Manager
City of Ukiah
411 West Clay Street
Ukiah, California 95482
*The mandatory pre-proposal meeting will be held to fully acquaint interested consultants with the project, so
that he or she may fully understand the facilities, difficulties and restrictions. Failure to attend this mandatory
pre-proposal meeting will be just cause for the proposal to be rejected. Oral statements or instructions made
during this mandatory pre-proposal meeting will not constitute an amendment to this solicitation. The City will
determine the appropriate action necessary, if any, and may issue a written addendum to this request for
proposal.
Page 42 of 428
City of Ukiah Page 5
RFP for Hydro Plant SCADA/PLC Upgrade
3.0 SCOPE OF WORK
The scope of services shall include tasks described below, as well as other elements or modifications, which
may be suggested by consultants presenting proposals to better meet the needs of the City. All services
shall be provided in accordance with the City’s draft professional services agreement, a sample of which is
attached as Attachment A.
The City desires to install the most efficient and updated system to replace existing SCADA and PLC system.
In addition to completing all of the current functions, proposal must include provisions for complete
redundancy should there be a server or computer failure. Unit 1 and Unit 2 temperature controls for the
generators, currently housed in the Aux PLC (RTD Inputs) shall be moved to the Unit 1 and 2 PLCs. Auxiliary
PLC to be eliminated. Consultant must provide engineering, installation and wiring for new PLC’s,
conversion of the general control programs to the new PLC’s including documentation, all programming for
the SCADA and alarms, testing of system, as built drawings and copies of all logic and programming.
Minimum requirements:
• Recommend, install and configure 2 new Windows “hot swappable” servers with USB interface and
communication cards. Servers will be used to monitor and record operation data.
• Recommend upgrade or replacement of GE Ifix for the SCADA.
• Upgrade RSLogix to Studio 5000, or latest Allen Bradley Software, for the PLC’s.
• SCADA to monitor and record relay data available from existing SEL 2032 Communications Processor.
• Recommend and install 2 workstations with a 24” monitor as operator interface – one workstation is
to be redundant.
• Recommend and install one laptop with software license to interface with system.
• Recommend and install server rack connected to existing plant UPS and 24 port Network switch.
• Recommend and install replacement for the 4 Allen Bradley PLC’s with the latest Allen Bradley
technology.
• Recommend and replace local communication from DH+ to Ethernet/IP and remote communication
over T1 line to DNP3.
4.0 REQUIRED PROPOSAL CONTENT
Firms interested in providing the services described in the section above must submit a proposal responding
to all the questions below and providing all information requested in a format that mirrors the RFP by
section and order listed. Proposals shall include at a minimum.
A. Cover Letter
The cover letter should contain the name, address, and brief history of the firm. The cover letter must be
signed by an official authorized to bind the successful firm contractually and shall contain a statement to
the effect that the proposal is a firm offer for a minimum period of sixty (60) days after the submittal date.
The letter shall also provide the name, title, address, and telephone number of individuals with the
authority to negotiate a contract and bind the consultant to the terms of the contract.
B. Project Understanding and Proposed Approach
Describe your firm’s understanding of the project and how your firm intends to structure the project
approach.
C. Project Team
Identify the key personnel to be assigned to this project, including the qualifications and experience as
related to the project. Resumes for each of the key personnel are to be provided. Identify any sub-
Page 43 of 428
City of Ukiah Page 6
RFP for Hydro Plant SCADA/PLC Upgrade
consultants/subcontractors that will be used, including their qualifications and experience, as well as the
work they will accomplish. Staff proposed to be in charge of the project must demonstrate significant
experience supervising similar work. Describe the proposed organizational structure between consultant
and sub-consultants/subcontractors, including current and previous work assignments.
D. Experience and References
Provide descriptions of related project experience for at least three similar projects on which the firm has
performed work over the past ten years. Each project description shall be limited to 4 pages including
project images and must provide client references and client contact information.
E. Cost Proposal
Provide a cost proposal based on an hourly rate schedule with a “not to exceed” maximum cost for all work
identified in the Scope of Services. Provide a tabulation of the project staff and number of work hours for
each task. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost.
Include all material costs, providing detail information of materials and equipment proposed, including
manufacturer names and part numbers, with costs itemized. Additionally, please identify miscellaneous
costs associated with this proposal. Also submit a copy of your firm’s current itemized hourly rate fee
schedule.
F. Proposed Project Schedule
Provide a proposed schedule of completion for each task and list of task deliverables.
G. Exceptions
Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are
any exceptions to the City’s insurance requirements and/or the City’s draft professional services agreement
as shown in the attachments, the Consultant should list the exceptions in the proposal.
5.0 PROPOSAL EVALUATION
The following evaluation criteria will be used in evaluating and selecting candidates:
Evaluation Criteria Maximum Score
1. Experience and expertise. 30
2. History of providing similar services. 25
3. Special or unique capabilities or
services.
20
4. References. 5
5. Key Staff & Team Resumes. 10
6. Cost. 20
Totals: 100
Interviews (if held) 100
Totals: 200
The City reserves the right to reject any and all proposals. The City reserves the right to award a contract to
the firm that presents the proposal, which in the sole judgment of the City best serves the City’s interest.
The City reserves the right to reach out to consultants to ask questions after the proposals are received for
clarification. The City reserves the right to reject any or all proposals, to waive minor irregularities in said
proposals, and/or negotiate minor deviations with the successful firm.
Page 44 of 428
City of Ukiah Page 7
RFP for Hydro Plant SCADA/PLC Upgrade
6.0 CONTACT PERSON
Please contact Mary Horger, Financial Services Manager, if you have questions or require additional information.
Questions must be submitted in writing via email. Contact information can be found below.
Mary Horger, Financial Services Manager
City of Ukiah
mhorger@cityofukiah.com
Communication between a proposing company and a member of the City staff, other than the Financial Services
Manager, or between a proposing company and a non-designated City representative regarding the selection of a
proposing company or award of this contract is explicitly prohibited from the time the RFP is advertised until the
selection of a proposing company or award of the contract. Questions pertaining to this RFP shall be addressed to
the party specified above. Failure of a proposing company, or any of its representatives, to comply with this
paragraph will result in their proposal being rejected.
7.0 ADDENDA
If it becomes necessary to revise any part of this RFP, an addendum will be provided to all proposing companies
in written or electronic (i.e., facsimile or email) form.
8.0 INSURANCE REQUIREMENTS
Provided as Attachment B are the City’s complete insurance requirements. Awarded firm, prior to performing
any work, shall procure and maintain for the duration of the contract insurance per the attached requirements.
9.0 CITY BUSINESS LICENSE
Awarded firm will be required to maintain a City business license for the duration of the contract. Information
regarding the City business license can be found on the City website, at www.cityofukiah.com/businesses .
10.0 PUBLIC RECORDS
All materials submitted in response to this RFP are property of the City and will not be returned. The materials
will be a public record subject to the disclosure provisions of the California Public Records Act and any other
related public law or provision of such laws.
11.0 FINANCIAL RESPONSIBLITY
The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP.
Submissions will become the property of the City and may be used by the City in any way deemed appropriate.
Page 45 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 1 OF 7
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2020 (“Effective
Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
_________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited
liability company, etc.] organized and in good standing under the laws of the state of
______________, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services within ________________ from receipt of the Notice to Proceed.
Consultant shall complete the work to the City's reasonable satisfaction, even if contract
disputes arise or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $-------. Labor charges shall be based
upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment B,
Page 46 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 2 OF 7
which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
Page 47 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 3 OF 7
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City’s
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager’s determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage –
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant’s
profession. Architects’ and engineers’ coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
Page 48 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 4 OF 7
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
Page 49 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 5 OF 7
3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from ------
to ------------.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
Page 50 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 6 OF 7
“Indemnify,” as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
Page 51 of 428
ATTACHMENT A COU No. ______________
Std – ProfSvcsAgreement
PAGE 7 OF 7
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH --------------
DEPT. OF_____________ --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
Date
CITY MANAGER
ATTEST
____________________
CITY CLERK Date
Page 52 of 428
Page 1 of 2
ATTACHMENT B
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant(s), his agents, representatives, or employees.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and
engineers’ coverage is to be endorsed to include contractual liability.
II. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations, as applicable. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis,
insurance coverage must cover claims filed within 3 years after contract work completed.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may
require the insurer to reduce or eliminate such deductibles or self -insured retentions with respect to the
City, its officers, officials, employees and volunteers; or the Consultant to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and
defense expenses; or to approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor; and with respect to liability arising out of work or operations performed
by or on behalf of the Consultant including materials, parts or equipment, furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Page 53 of 428
Page 2 of 2
B. The workers’ 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, officials, employees and volunteers for losses paid under the terms of this policy which
arises from the work performed by the named insured for the City. NOTE: You cannot be added as
an additional insured on a workers’ compensation policy.
C. For any claims related to this project, the Consultant’s insurance coverage shall be primary
insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in
excess of the Consultant’s insurance and shall not contribute with it.
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return
receipt requested, has been given to the City.
V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than
A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements
are on forms other than the City’s forms, those endorsements must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these
specifications at any time.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 11/20/08
Page 54 of 428
Page 55 of 428
Page 56 of 428
Page 57 of 428
Page 58 of 428
Page 59 of 428
Page 60 of 428
Page 61 of 428
Page 62 of 428
Page 63 of 428
Page 64 of 428
Page 65 of 428
Page 66 of 428
Page 67 of 428
Page 68 of 428
Page 69 of 428
Page 70 of 428
Page 71 of 428
Page 72 of 428
Page 73 of 428
Page 74 of 428
Page 75 of 428
Page 76 of 428
Rev: 11/20/08 Page 1 of 2
ATTACHMENT 1 - INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Worker’s Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
II. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Worker’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor; and with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s
insurance, or as a separate owner’s policy.
B. The workers’ 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, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers’ compensation policy.
C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor’s insurance and shall not contribute with it.
Page 77 of 428
Rev: 11/20/08 Page 2 of 2
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt
requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for
financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City’s forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 FAX (707) 463-6204
Page 78 of 428
1
ATTACHMENT 2 - SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on _______, in Ukiah,
California, by and between __________, a CA General Partnership
[corporation, partnership, sole properietor] ("Contractor") and the City of Ukiah
("City"), a general law municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A – Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work by no later than _____________________.
1.1.1. [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1.1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
Page 79 of 428
2
1.1.2 [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges.
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. All contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
Page 80 of 428
3
1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451(d).) 1.5 Use of Employees.
1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics.
1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
Page 81 of 428
4
1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
1.5.6. Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections 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.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and ½ for overtime) are
available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Page 82 of 428
5
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
Page 83 of 428
6
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies /_/ /_/] CITY shall retain __% of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
Page 84 of 428
7
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 ½ times the basic rate of pay.
The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25.00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
Page 85 of 428
8
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of _______.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re-
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
Page 86 of 428
9
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
.
4.2 Insurance. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
Page 87 of 428
10
with the performance of the work hereunder by the Contractor, his
or her agents, representatives, employees or subcontractors.
4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the
State of California and Employer's Liability Insurance. 4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for
bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident
for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident
for bodily injury and property damage.
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and
volunteers; or the Contractor shall provide a financial
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
administration and defense expenses.
4.2.4. Other Insurance Provisions
Page 88 of 428
11
The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees, and
volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection
with such work or operations. General liability coverage
can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this project, the
Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees, volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials,
employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt
requested, has been given to the City.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California
insurers with an A.M. Best's rating of no less than A-
for financial strength, aa for long-term credit rating
and AMB-1 for short-term credit rating. 4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the
City's forms, provided those endorsements or policies
conform to the requirements. All certificates and
endorsements are to be received within 15 days from
written notice of contract award, and the work shall not
Page 89 of 428
12
commence until the certificates and endorsements have
been approved by the City. The City reserves the right to
require complete certified copies of all required
insurance policies, including endorsements effecting the
coverage required by these Special Provisions at any time.
4.2.7. Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the
requirements stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
Page 90 of 428
13
6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
Page 91 of 428
14
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
Page 92 of 428
15
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTOR CITY
_____________ City of Ukiah
_____________ 300 Seminary Ave.
_____________ Ukiah, CA. 95482
Email: Email:
FAX: FAX:
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
Page 93 of 428
16
CONTRACTOR CITY OF UKIAH
By:___________________________ By:___________________________
Sage Sangiacomo
City Manager
California Contractor's License Number __________ [Number or N/A]
Page 94 of 428
Page 95 of 428
Page 96 of 428
Page 97 of 428
Page 98 of 428
Page 99 of 428
Page 100 of 428
Page 101 of 428
Page 102 of 428
Page 103 of 428
Page 104 of 428
Page 105 of 428
Page 106 of 428
Page 107 of 428
Page 108 of 428
Page 109 of 428
Page 110 of 428
Page 111 of 428
Page 112 of 428
Page 113 of 428
Page 114 of 428
Page 115 of 428
Page 116 of 428
Page 117 of 428