060711 Lakeport City Council - Consent Agenda

8/6/2019 060711 Lakeport City Council - Consent Agenda

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MINUTESLAKEPORT CITY COUNCIL, LAKEPORT REDEVELOPMENT AGENCY,

AND CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT

REGULAR MEETINGMay 17, 2011

I. WORKSHOP: The workshop began at 5:04 p.m. Discussion was held regarding the

Downtown Improvement Project. There are seven outstanding items for

discussion as follows:

Item 1: There was Council consensus to expand the project to include Ma

Street between Third and Fourth Streets.

Item 2: There was Council consensus to expand the project to include the

Martin Street alley east of Main Street adjacent to Lakeport Furniture.

Item 3: There was Council consensus to authorize additional hearings to

include Items 1 and 2.

Item 4: There was Council consensus to approve relocating existing stree

lights to the edge of the new widened sidewalk.

Item 5: There was Council consensus to authorize the establishment of a

underground Utility District and use Rule 20A funds to relocate overheadutilities.

Item 6: There was Council consensus to maintain existing ADA parking as

practical.

Item 7: There was Council consensus to direct staff to work with the Mai

Street Design Committee in determining street furniture specifications an

details and bring final specifications to the City Council prior to bidding the

project.

The following members of the public provided comment: George Spurr,

Marc Spillman, Ross Kauper. Cathy McKeon from Rau and Associates was

present to address questions. A motion was made by Council/Agency

Member Engstrom, seconded by Council/Agency Member Parmentier, andunanimously carried by voice vote to approve the decisions on the items

that were reached by consensus.

II. CALL TO ORDER:

ROLL CALL:

Mayor Pro-tem/Vice-Chairperson Mattina called the regular meeting of th

City Council of the City of Lakeport and Lakeport Redevelopment Agency t

order at 6:00 p.m. with Council/Agency Members Roy Parmentier, and To

Engstrom present. Mayor/Chairperson Lyons and Council/Agency Membe

Rumfelt were absent.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Manager Silveira.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council/Agency Member Parmentier, seconded by

Council/Agency Member Engstrom, and unanimously carried by voice vot

to accept the agenda as presented.

V. CONSENT AGENDA:

A. Ordinances: Waive reading except by title, of any ordinances under consideration at th

meeting for either introduction or passage per Government Code Section

36934.

B. Warrants: Approve warrants as listed on Warrant Register dated May 17, 2011.

C. Minutes: Approve minutes of the regular City Council meeting of May 3, 2011.

D. Council Policies and Procedures Adopt Council Policies and Procedures as written.

E. Fireworks Operation Plan Receive and file Police Department Fireworks Operation Plan.


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City of Lakeport June 2011RFP for Professional Auditing Services

225 Park StreetLakeport, CA 95453707.263.5615 Page | 3

1. IntroductionThe City of Lakeport is seeking proposals from certified public accounting firms for professional

auditing services. This includes auditing the basic financial statements of its general

government and component units, financial compliance requirements (including single audit

requirements), and internal financial controls.

2. City of LakeportThe City of Lakeport is a, small City located just north of Napa County in Northern California. It

resides on the western shore of Clear Lake, the largest natural lake located entirely within the

state. Proximity to the lake makes Lakeport the premier tourist and recreation destination in

Lake County during spring, summer, and early fall. Local government, professional services,

and tourism/recreation are the primary industries in the region.

Incorporated in 1888, Lakeport is a general law, partial service city with a population of

approximately 5,100 residents; however, it serves as the county seat for the County of Lake

and, as such, serves a trade area of roughly 30,000 people during normal business hours. It

provides basic municipal utility, police, administrative, planning, parks, and public works

services. It does not administer functions related to fire protection, library, or recreation with

the exception of operating a public swimming pool during the summer. The City does

administer an active redevelopment agency, the project area of which encompasses

approximately 40% of the city boundary. Sewer enterprise services are administered by a

special district, which is staffed by City personnel and governed by the same five-member board

that comprises the City Council. Lakeport employs approximately 45 regular, full-time positions.

The Finance Department for the City performs and manages regular accounting, investment

activities, payroll, utility billing, accounts payable and receivable, financial management,

reporting, and purchasing functions. The Department has undergone significant restructuring

over the last 12 months to better align its activities with the needs and available resources of the

City. This has prompted Department and City management to conduct a thorough evaluation of

existing policies, procedures, and historical activities to determine their effectiveness and

appropriateness compared to best management practices. The Citys accounting software is

FundBalance, a Tyler Technology product. The department is staffed with four positions, the

Finance Manager serving as the department head.

For fiscal year, 2010-2011, the City maintained a general fund and a separate general fundreserve, 32 special revenue funds (this number has been reduced significantly in FY 2011-

2012), 5 enterprise funds for water and sewer, 3 trust and agency funds, and 4 redevelopment

agency funds. The City Council appropriated an operating budget of over $14 million for FY

2010-2011. A copy of the adopted budget can be found on the Citys website,

www.cityoflakeport.com, under the Finance Department page.
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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3. Proposal Deadline and Contact InformationAll interested parties should submit proposals no later than 5:00 PM Friday, July 1, 2011.

Submitted proposals should include five (5) bound copies and addressed to the following:

City of LakeportAttn: Daniel Buffalo, Finance Manager225 Park StreetLakeport, CA. 95453

All inquiries related to this RFP should be directed to the Finance Manager at the addressabove or by means below:

Phone: (707) 263-5615 Ext. 16Fax: (707) 263-8584Email: [email protected]

4. Selection ScheduleThe following includes the tentative schedule for Auditor selection, contract execution, and

desired audit commencement.

RFP Submittal Deadline July 1, 2011Proposal Review July 8, 2011Top Three Interviews July 22, 2011Auditor Selection July 29, 2011Contract Execution August 19, 2011Audit Commencement October 3, 2011

5. Scope of ServicesThe Auditor shall perform and provide the following for the City of Lakeport and its blended

component units, including the City of Lakeport Redevelopment Agency and the City of

Lakeport Municipal Sewer District.

1. Examination of all funds and account groups.

2. Examination of the Citys basic financial statements for the primary government and the

aforementioned component units, in accordance with GASB 34 and all other relevant

generally accepted accounting principles. The City prefers the use of generally

accepted government auditing standards (GAGAS), but will accept proposals usinggenerally accepted auditing standards(GAAS). The proposal must state which standard

will be used.

3. Examination of the Single Audit Report.


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8. Term of ServiceThe contracted audit periods shall cover the three (3) fiscal years ending June 30, 2011, 2012

and 2013, with the option to extend the contract an additional two (2) fiscal years ending 2014

and 2015.

Fees shall include bids for a five-year engagement. An itemized cost analysis shall be

submitted for the amount of time anticipated for the Principal and his/her staff. The City requires

that total cost be stated on a not to exceed basis. However, a quote of hourly fees is also

requested in the event that the Auditors must perform other tasks not specifically associated

with the audit. Prior written approval must be granted by the City Manager and the Finance

Manager/Director for performance of any services to be billed as additional cost above the

contracted amount.

Fees for services may be billed as the work progresses but not more often than once a month.

An hourly distribution of work is required for payment, as well as separate billings for City of

Lakeport, the City of Lakeport Redevelopment Agency, and CLMSD. Ten percent (10%) of thetotal fee will be withheld until all audit work is completed and accepted by the City Council.

9. Service AgreementThe selected Auditor will be required to enter into a City of Lakeport Professional Service

Agreement, attached hereto as Exhibit B. The final terms of the Agreement shall be negotiated

by the City and the selected Auditor. If final terms cannot be agreed upon, the City maintains

the right to cancel further negotiations with that Auditor, reject the proposal, and begin

negotiations with the next highest-ranked independent Auditor. Any later revisions,

modifications, or changes to that Agreement shall be made by written amendment to the

Agreement, mutually agreed to and signed by both parties.

10. Required Proposal ContentAll participating Consultants are requested to provide the following information in their response.

1. A Title page showing the firms name; the name, address and telephone number of the

contact person; and the date of the proposal.

2. A signed letter of transmittal briefly stating that the firm submitting the proposal a.) is

properly licensed to practice in California (including all of the assigned professional staff

to the engagement); b.) agrees to perform all of the work outlined in the City's RFPwithin the time periods established by the City and c.) understands that the firm's

proposal is a firm and irrevocable offer through at least August 31, 2011. The letter must

contain a certification that the person signing the proposal is entitled to represent the

firm, empowered to submit the bid, and authorized to sign a contract with the City.


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3. The audit approach and methodology to be used to perform the services (either GAAS

or GAGAS). This may include a discussion of the approach to selection of sample size,

use of specialized software, analytical procedures, approach to internal control structure,

approach to determining laws/regulations subject to audit test work, identification of any

anticipated problems or special assistance required from City Staff, and the format of the

report.

4. A report on its most recent external quality review, any findings discovered as part of

that review and actions taken to correct those findings. The firm also must disclose

information on the circumstances and status of any disciplinary action taken or pending

against the firm during the past three (3) years with state regulatory bodies or

professional organizations, as well as any pending or settled litigation within the past

three (3) years.

5. Provide a description of the size of the firm's governmental staff and the firm's

experience with cities of a similar nature and scope. Emphasis should be placed onassignments undertaken within the past three years and on engagements undertaken by

the personnel proposed to be assigned to this agreement.

6. Identify all personnel who will be assigned to work on this project and the firms office in

which they are each located. Include resumes or brief summaries of their background

(including if they hold a current CPA license) and experience in auditing cities as well as

their assigned responsibilities under the proposal.

7. An affirmative statement that engagement partners, managers, other supervisory staff

and specialists may be changed if those personnel leave the firm, are promoted or are

assigned to another office. These personnel may also be changed for other reasons

only with the express prior written permission of the City. However, in either case, the

City retains the right to approve or reject replacements. Other audit personnel may be

changed at the discretion of the firm submitting the proposal, provided that replacements

have substantially the same or better qualifications or experience.

8. Provide an indication of the time required for the completion of each major phase of the

audit. Any assumptions regarding turnaround time for City Staff or City Council review

should be clearly noted. Also provide a calendar as to when the firm will commit to

completing work described in this proposal. Please note that Auditor is responsible for

identifying required review times for City input and must account for printing anddistribution within any timelines identified in the Scope of Work.

9. Provide a listing of all cities for which the firm has performed audits during the last three

years.


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10. Provide three references for your most representative projects including the following:

A. Name of Public Agency

B. Name and Title of contact person

C. Telephone Number of contact person

D. Size of General Fund Budget for the year most recently audited

E. Size of Agency Finance Department Staff

F. Brief description of the scope of the audit performed

11. Indicate the cost of providing the services outlined in Section 5, including an hourly fee

quotation for all positions to be assigned. Identify an estimate of any reimbursable,

ancillary, or non-direct costs, which would be applicable to the completion of the work.

Identify proposed method of adjustment, if any, in the cost of services through

subsequent years of the engagement. The cost worksheet provided as Exhibit C may be

used to outline these costs; however, the proposal does not need to include this

worksheet if the Auditor has a comparable or superior cost sheet to provide.

12. Hard copies of the proposal should be prepared on standard 8 x 11 letter size,

recycled paper, printed double-sided and bound on the long side.

All proposals, with the exception of Item 9 below, will be scored on a 100 point scale. The

following represent the principal selection criteria which will be considered during the evaluation

process.

1. Experience The firm and the performing Auditors recent experience (within the last

five years) in governmental auditing of cities in the State of California.

2. Peer Review The firm is requested to submit a copy of its most recent peer review with

a statement whether the review included an examination of specific government

engagements. The firm shall state whether it has been the subject of any disciplinary

action within the last three years, or if any such action is pending by state regulatory

bodies or professional organizations. If such conditions exist, information is to be

provided as to the circumstances and status of the disciplinary action.

3. Education- The qualifications of personnel who will be actually working on and

coordinating the audit, including the firms on-going efforts to keep its staff current and

knowledgeable in governmental accounting practices.

4. ReferencesThe firms general experience and reputation in the local government

auditing/accounting field. Please include a minimum of three references.


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5. Personnel Policies The firms demonstrated interest in maintaining continuity of

auditing staff assigned to clients over time.

6. Price Provide a price breakdown for each of the functions and reports the Auditor

proposes to perform, inclusive of the tasks previously listed in the Scope of Service.

7. Indemnification Auditor has the professional skills necessary to perform the work

agreed to be performed. Acceptance by the City of Lakeport of the work performed does

not operate as a release of said Auditing Firm from such professional responsibility. The

Auditor shall indemnify the City of Lakpeport and its agents from any personal injury,

property damage, violation of any law or ordinance or other cause in connections with

the activities of Auditing Firm and/or its agents.

8. Agreement The consultant selected will be required to enter into a Professional

Services Agreement with the City. A sample agreement is included.

9. Local Vendor PreferenceThe Lakeport City Council has adopted a local vendor

preference policy for the procurement of goods and services. All proposals will be

scored on a 100 point scale regardless of an Auditors business location; however, local

Auditors those will locations within City limits or the Citys Sphere of Influence shall

be entitled to an extra 10 points, giving them a total possible of 110 points.

If necessary, the City may hold interviews with the three firms receiving the three highest

scores. The interviews will be conducted with the Consultant Selection Board (CSB)

comprised of the City Manager, Redevelopment Director, Utilities Director (water and sewer),

and the Finance Manager. The format of the interview will be a ten minute period for the firm to

present their objectives for the project and to introduce their staff. The opening presentation isexpected to be informal and attended by those staff members that will be directly involved in the

project. The interview process is to allow a two way communication for the firms approach to

the project and any clarifications required by the CSB.


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Rev. Date 12.2009

Exhibit B Standard Professional Services Agreement

AGREEMENT FOR SERVICES

withVENDOR NAME

regardingSERVICES

THIS AGREEMENT ("Agreement") made and entered into this 2nd day of November 2009, isbetween the City of Lakeport, a general law city in the State of California (hereinafter referred toas "City") and __________________, duly qualified to conduct business in California, whoseprincipal place of business is _________________________ (hereinafter referred to as"Consultant").

WITNESSETH

WHEREAS, City has determined that is necessary to obtain Consultant to provide_______________;and

WHEREAS, Consultant has represented to City that it is specially trained, experienced, expert,and competent to perform the special services required hereunder, and City has determined torely upon such representations; andWHEREAS, it is the intent of the parties hereto that such services be in conformity with allapplicable federal, state, and local laws; and

WHEREAS, City has determined that the provisions of such services provided by Consultantare in the public's best interest and are more economically and feasibly performed by outsideindependent consultants.

NOW, THEREFORE, City and Consultant mutually agree as follows:


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Rev..Date: 12. 2009 Page 14 of 33

AGREEMENT

INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth

in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated

into this Agreement as if set forth herein in full.


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Rev..Date: 12. 2009 Page 16 of 33

spent on the task(s). The invoice shall also show all other directly related costs by line item in

accordance with Exhibit C. City shall approve or disapprove the invoice within fifteen (15)

calendar days following receipt thereof and shall pay all approved invoices and billings within

thirty (30) calendar days. City reserves the right to withhold payment of disputed specific items

and shall give notice to the Consultant, pursuant to Section 12, of all such disputed specific items

within fifteen (15) business days following receipt of an invoice. The parties shall exercise good

faith and diligence in the resolution of any disputed invoice amounts.

3. FISCAL CONSIDERATIONS. The parties understand and acknowledge that the City

is subject to the provisions of Article XVI, section 18 of the California Constitution and other

similar fiscal and procurement laws and regulations and may not expend funds for products,

equipment, or services not budgeted in a given fiscal year. It is further understood that in the

normal course of City business, City will adopt a proposed budget prior to a given fiscal year,

but that the final adoption of a budget does not occur until after the beginning of the fiscal year.

Notwithstanding any other provision of this Agreement to the contrary, City shall give notice of

cancellation of this Agreement in the event of adoption of a proposed budget that does not

provide for funds for the services, products, or equipment subject herein. Such notice shall

become effective upon the adoption of a final budget that does not provide funding for this

Agreement. Upon the effective date of such notice, this Agreement shall be automatically

terminated and City released from any further liability hereunder.

In addition to the above, should the City Council during the course of a given year for financial

reasons reduce, or order a reduction, in the budget for any City department for which services

were contracted to be performed, pursuant to this paragraph in the sole discretion of the City, this

Agreement may be deemed to be canceled in its entirety subject to payment for services

performed prior to cancellation.

4. PRODUCT REVIEW AND COMMENT. Consultant shall provide City with five (5)

copies of each product described in Exhibits A and C. Upon the completion of each product,

Consultant shall be available to meet with City. If additional review and/or revision is required

by City, City shall conduct reviews in a timely manner.

5. TERM OF AGREEMENT. This Agreement shall be effective immediately and shall

remain in effect until completed, amended pursuant to Section 7, or terminated pursuant to

Section 6.

6. TERMINATION.

DEFAULT. Upon the occurrence of any default of the provisions of this Agreement, a party

shall give written notice of said default to the party in default. If the party in default does not

cure the default within ten (10) days of the date of notice (time to cure), then such party shall be

in default. The time to cure may be extended in the discretion of the party that gave notice. Any

extension of time to cure must be in writing, prepared by the party in default for signature by the


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8. NONDISCLOSURE OF CONFIDENTIAL INFORMATION. Consultant shall not,

either during or after the term of this Agreement, disclose to any third party any confidential

information relative to the work of City without the prior written consent of City.

9. INSPECTION. City representatives shall, with reasonable notice, have access to the

work and work records of Consultant, including time records, for purposes of inspecting sameand determining that the work is being performed in accordance with the terms of this

Agreement.

10. INDEPENDENT CONTRACTOR. In the performance of the services in this

Agreement, Consultant is an independent contractor and is not an agent or employee of City.

Consultant, its officers, employees, agents, and subcontractors, if any, shall have no power to

bind or commit City to any decision or course of action, and shall not represent to any person or

business that they have such power. Consultant has and shall retain the right to exercise full

control of the supervision of the services and over the employment, direction, compensation, and

discharge of all persons assisting Consultant in the performance of said service hereunder.

Consultant shall be solely responsible for all matters relating to the payment of its employees,

including compliance with social security and income tax withholding, workers' compensation

insurance, and all other regulations governing such matters.

11. NOTICE. Any notices or other communications to be given to either party under this

Agreement shall be in writing, shall be delivered to the addresses set forth below, and shall be

effective, as follows:

by personal delivery, effective upon receipt by the addressee;

by facsimile, effective upon receipt by the addressee, so long as a copy is provided by certified

U.S. mail, return receipt requested, postmarked the same day as the facsimile;

by certified U.S. mail, return receipt requested, effective 72 hours after deposit in the mail.

Notices to City shall be in duplicate.

CITY: CITY OF LAKEPORT

225 Park Street

Lakeport, CA 95453

Attn: Name,

Title

Phone: (707) 263-xxxxFax: (707) 263-xxxx

CONSULTANT: Name:

Address:

Phone :


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Rev..Date: 12. 2009 Page 19 of 33

Fax:

Either party may change its address for notices by complying with the notice procedures in this

Section.

12. OWNERSHIP OF MATERIALS. City is the owner of all records and information

created, produced, or generated as part of the services performed under this Agreement. At any

time during the term of this Agreement, at the request of City, Consultant shall deliver to City all

writings, records, and information created or maintained pursuant to this Agreement and for

which Consultant has been paid in accordance with this Agreement. The term writings in this

Section has the same definition as provided in Section 7(e)(ii).

13. ASSIGNMENT; SUBCONTRACTING; EMPLOYEES.

Assignment. Consultant shall not assign, delegate, or transfer its duties, responsibilities, or

interests in this Agreement without the prior express written consent of City. Any assignmentwithout such approval shall be void and, at City's option, shall terminate this Agreement and any

license or privilege granted herein.

Subcontracting. Consultant shall not subcontract or otherwise assign any portion of the work to

be performed under this Agreement without the prior express written consent of City. If City

consents to Consultant's hiring of subcontractors, all subcontractors are deemed to be employees

of Consultant, and Consultant agrees to be responsible for their performance. Consultant shall

give its personal attention to the fulfillment of the provisions of this Agreement by all of its

employees and subcontractors, if any, and shall keep the work under its control.

14. BINDING AGREEMENT. This Agreement shall bind the successors of City andConsultant in the same manner as if they were expressly named herein.

15. WAIVER.

Effect of Waiver. Waiver by either party of any default, breach, or condition precedent shall not

be construed as a waiver of any other default, breach, or condition precedent or any other right

under this Agreement.

No Implied Waivers. The failure of either party at any time to require performance by the other

party of any provision hereof shall not affect in any way the right to require such performance at

a later time.

16. NONDISCRIMINATION.

Consultant shall not discriminate in the conduct of the work under this Agreement against any

employee, applicant for employment, or volunteer because of race, color, creed, religion,

national origin, sex, age, marital status, sexual orientation, medical condition, or physical or

mental disability.

Consultant shall comply with all federal and state anti-discrimination and civil rights laws.


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Consultant agrees to post in conspicuous places, available to all employees and applicants for

employment, notices that Consultant shall provide an atmosphere for employees, clients, and

volunteers that is free from harassment or discrimination on the bases set forth in subsection

17(a).

17. INDEMNITY.To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably

acceptable to the City Attorney), indemnify, and hold harmless City and its officers, agents,

departments, officials, representatives, and employees (collectively "Indemnitees") from and

against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or

death of an employee of Consultant or its subconsultants), expense, and liability of every kind,

nature and description (including, without limitation, fines, penalties, incidental and

consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert

consultants or expert witnesses incurred in connection therewith, and costs of investigation), that

arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of

Consultant, any subconsultant, anyone directly or indirectly employed by them, or anyone that

they control (collectively "Liabilities"). Such obligations to defend, hold harmless, and

indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the

sole negligence, active negligence, or willful misconduct of such Indemnitee.

To the extent there is an obligation to indemnify under this Section 18, Consultant shall be

responsible for incidental and consequential damages resulting from Consultant's negligence,

recklessness, or willful misconduct.

Consultant agrees to obtain executed indemnity agreements with provisions identical to those set

forth in this Section from each and every subconsultant or any other person or entity involved by,for, with, or on behalf of Consultant in the performance of this Agreement. If Consultant fails to

obtain such indemnity obligations from others as required, Consultant shall be fully responsible

for all obligations under this Section. City's failure to monitor compliance with this requirement

imposes no additional obligations on City and will in no way act as a waiver of any rights

hereunder. The obligation to indemnify and defend City as set forth herein is binding on the

successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or

Section.

18. INSURANCE.

Required Coverage. Consultant, at its sole cost and expense, shall obtain and maintain in fullforce and effect throughout the entire term of this Agreement the following described insurance

coverage. This coverage shall insure not only Consultant, but also, with the exception of

workers' compensation and employer's liability insurance, shall name as additional insureds City,

its officers, agents, employees, and volunteers, and each of them, but only insofar as the

operations under this Agreement are concerned:


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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;

Each insurance policy required by this Section shall be endorsed to state that coverage shall not

be suspended, voided, cancelled by either party, reduced in coverage or in limits except after

giving City 30 days' prior written notice by certified mail, return receipt requested.Acceptability of Insurers. Consultant shall place insurance with insurers that have a current

A.M. Best's rating of no less than A:VII unless Consultant requests and obtains City's express

written consent to the contrary.

Verification of Coverage. Consultant must provide complete, certified copies of all required

insurance policies, including original endorsements affecting the coverage required by these

specifications to the City Attorney. The certificate of insurance must provide that the insurer

will not cancel the insured's coverage without thirty (30) days prior written notice to City. The

endorsements are to be signed by a person authorized by Consultants insurer to bind coverage

on its behalf. All endorsements are to be received and approved by City before workcommences. However, failure to do so shall not operate as a waiver of those insurance

requirements. 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.

Continual Coverage. Consultant agrees that the insurance required above shall be in effect at all

times during the term of this Agreement. In the event said insurance coverage expires at any

time(s) during the term of this Agreement, Consultant agrees to provide at least thirty (30) days

prior to said expiration date, a new certificate of insurance evidencing insurance coverage as

provided for herein for not less than the remainder of the term of the Agreement, or for a periodof not less than one (1) year. New certificates of insurance are subject to the approval of the City

Attorney, and Consultant agrees that no work or services shall be performed prior to the giving

of such approval. In the event Consultant fails to keep in effect at all times insurance coverage

as provided herein, City may, in addition to any other remedies it may have, terminate this

Agreement upon the occurrence of such event.

Additional Provisions.

(i) Any failure to comply with the reporting provisions of the policies shall

not affect coverage provided to the City, its officers, officials, employees, or volunteers.

(ii) Consultant's obligations shall not be limited by the foregoing insurancerequirements and shall survive expiration of this Agreement.

(iii) The insurance companies shall have no recourse against the City, its

officers or employees or any of them for payment of any premiums or assessments under any

policy issued by any insurance company.


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conflict with City's interest. During the term of this Agreement, Consultant shall not accept any

employment or engage in any consulting work that creates a conflict of interest with City or in

any way compromises the services to be performed under this Agreement. Consultant shall

immediately notify City of any and all violations of this Section upon becoming aware of such

violation. City represents that it is unaware of any financial or economic interest of any public

officer or employee of consultant relating to this Agreement. If such a financial interest does

exist at the inception of this Agreement, either party may immediate terminate this Agreement by

giving written notice to the other.

24. TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the

essence in the completion of the work and services described in Section 2.

25. SEVERABILITY. If any court of competent jurisdiction or subsequent preemptive

legislation holds or renders any of the provisions of this Agreement unenforceable or invalid, the

validity and enforceability of the remaining provisions, or portions thereof, shall not be affected.

26. GOVERNING LAW AND CHOICE OF FORUM. This Agreement shall beadministered and interpreted under California law as if written by both parties. Any litigation

arising from this Agreement shall be brought in the Superior Court of Lake County. Any dispute

resolution action arising out of this Agreement, including mediation or arbitration, shall be

brought in the City of Lakeport and shall be resolved in accordance with the laws of the State of

California.

27. MEDIATION/ARBITRATION If a dispute arises out of or relates to this agreement, or

the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first

to try in good faith to settle the dispute by mediation administered by the Lake County Superior

Court Mediation Program before resorting to arbitration or some other mutually agreed disputeresolution procedure. If they do not reach such solution within a period of 60 days from

appointment of a mediator, then, upon notice by either party to the other, all disputes, claims,

questions, or differences shall be finally settled by binding arbitration administered by an

arbitrator jointly selected by the parties or if no such agreement is reached then according to the

American Arbitration Association in accordance with the provisions of its Commercial

Arbitration Rules. Binding mediation shall be the sole remedy of last resort and is deemed by the

parties to be a material part of this agreement.

28. VENUE For all proceedings initiated to resolve disputes between the parties it is agreed

that venue for all purposes shall lie in exclusively in Lake county California.

29. COSTS AND ATTORNEYS' FEES. If either party commences any legal action

against the other party arising out of this Agreement or the performance thereof, the prevailing

party in such action may recover its reasonable litigation expenses, including court costs, expert

witness fees, discovery expenses, and attorneys' fees.

30. AUTHORITY. The parties to this Agreement warrant and represent that they have the

power and authority to enter into this Agreement in the names, titles, and capacities herein stated


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and on behalf of any entities, persons, estates or firms represented or purported to be represented

by such entity(s), person(s), estate(s), or firm(s) and that all formal requirements necessary or

required by any state and/or federal law in order to enter into this Agreement have been fully

complied with. Further, by entering into this Agreement, neither party hereto shall have

breached the terms or conditions of any other contract or agreement to which such party is

obligated, which such breach would have a material effect hereon.

31. FORCE MAJEURE. Except as otherwise provided in this Agreement, if the

performance of any act required by this Agreement by either City or Consultant is prevented or

delayed by reason of any act of God, strike, act of terrorism, lockout, labor trouble, inability to

secure materials, restrictive governmental laws or regulations or any other cause not the fault of

the party required to perform the act, the time for performance of the act will be extended for a

period equivalent to the period of delay and performance of the act during the period of delay

will be excused.

32. ADMINISTRATOR. The City officer or employee with responsibility for

administering this Agreement is Name, Title, or his successor.

33. INTEGRATION. This Agreement and the documents referred to herein or exhibits

hereto represent the entire understanding of City and Consultant as to those matters contained

herein and supersedes all prior negotiations, representations, or agreements, both written and

oral. This Agreement may not be modified or altered except in accordance with Section 8.

Executed by City and Consultant on the date shown next to their respective signatures. The

effective date of this Agreement shall be the date of execution by City as shown below.

CONSULTANT

By: ______________________________________ Date: __________________

_________________, Title

XXX Corp.


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By: ______________________________________ Date: __________________

_________________, Title

XXX Corp.

CITY OF LAKEPORT

By: ______________________________________ Date: __________________

_________________, Title

City of Lakeport

Approved as to form:

By: ______________________________________ Date: __________________

Steve Brookes, City Attorney

City of Lakeport


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EXHIBIT A

SCOPE OF SERVICES

[To be Inserted]


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EXHIBIT C

RATE SCHEDULE

[To be Inserted]


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Exhibit C Cost Estimate WorksheetNOT TO EXCEED PRICE FOR PROPOSED SERVICES SCHEDULE

In accordance with the Request for Proposal for Audit Services issued by City of Lakeport, the

firm referenced below hereby submits the following cost proposal:

Year Ended June 30th2011 2012 2013 2014 2015

Basic Reports to Be IssuedAudit report of City financial statementsAudit report of Redevelopment Agency financialstatementsAudit report of CLMSD financial statementsManagement LetterAncillary and Indirect Costs (including travel, lodging,meals, etc.)

Total

In addition, please include below an hourly fee quotation and hours proposed for all positions to

be assigned to the audit:

I herby certify that the undersigned is authorized to represent the firm stated above, and

empowered to submit this bid, and if selected authorized to sign a contract with the City, for the

services identified in the Request For Proposals.

Firm Name: ________________________________________

Signature: ________________________________________

Printed Name: ________________________________________

Title: ________________________________________

Date: ________________________________________

Hours Hourly RatePartnersManagersSupervisory Staff

Professional StaffClerical/Support StaffOther


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Exhibit D - Non-Inclusive List of Local Lodging and AccommodationsAnchorage Inn

950 North Main Street

Lakeport, CA 95453707-263-5417

800-692-8060

www.anchorageinnmotel.com

The Mallard House


Lakeport, CA 95453

707-262-1601

www.mallardhouse.com

Regency Inn


Lakeport, CA 95453

707-263-3551

888- 800-8002

www.regencyinnlakeport.com
http://www.anchorageinnmotel.com/http://www.anchorageinnmotel.com/http://www.mallardhouse.com/http://www.mallardhouse.com/http://www.anchorageinnmotel.com/


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Skylark Shores1120 North Main Street

Lakeport, CA 95453

707- 263-6151

800- 675-6151

Bed & Breakfasts in Lakeport

Lakeport English Inn


Lakeport, CA 95453

707- 263-4317

Lakeportenglishinn.com

Forbestown Inn825 North Forbes Street

Lakeport, CA 95453707-263-7858

866-268-7858

www.forbestowninn.com

The Arbor House Inn Bed and Breakfast150 Clearlake Avenue

Lakeport CA 95453

707-263-6444

www.Arborhousebnb.com
http://www.forbestowninn.com/http://www.forbestowninn.com/http://www.forbestowninn.com/


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The CarriageHouse

60 Clear Lake Avenue

Lakeport, CA 95453

707-263-0995

888-203-5949

www.carriagehouselake

port.com

Clear Lake Bed & Breakfast

2 16th Street

Lakeport, CA 95453

707- 263-9071

www.clearlakebedandbreakfast.com
http://www.clearlakebedandbreakfast.com/http://www.clearlakebedandbreakfast.com/


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Meeting Date: 06/07/2011 Page 1 Agenda Item #V.G.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Resolution Authorizing the Destruction of City Records MEETING DATE: 06/07/2011

SUBMITTED BY: Janel Chapman, City Clerk

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The Council is being asked to adopt a Resolution authorizing the destruction of certain City records.

BACKGROUND:

In order to maintain an orderly records management program, the destruction of records is required fromtime to time. The records are being reviewed to determine what needs to be destroyed.

DISCUSSION:

California Government Code 34090 authorizes destruction of records by adoption of a resolution of theCity Council. The resolution attached contains Exhibit A, which is a summary of the records inventoriedand recommended for destruction.

The City Attorney has reviewed this list and advised that destruction of these records is in conformity withthe Government Code and should be authorized by Council resolution.

We have a contract with Shred It, and there is a minimal cost ($5 per box) for destruction.

OPTIONS:

The City Council has the option of adopting or choosing not to adopt the Resolution.

FISCAL IMPACT:

None $15 Account Number: 110-1020-930 Comments:

SUGGESTED MOTIONS:

Move to adopt Resolution authorizing the destruction of certain City Records.

Attachments: Proposed Resolution


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RESOLUTION NO. ______ (2011)

A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF LAKEPORT AUTHORIZING THE

DESTRUCTION OF RECORDS OF THE CITY OF LAKEPORT

WHEREAS, it has been determined that certain City records are no longer required for public orprivate purposes; and

WHEREAS, it has been determined that destruction of the above-mentioned records is necessary toconserve storage space and reduce staff time, expense, and confusion in handling and informing the public;and

WHEREAS, Government Code34090 provides that, with the approval of the City Council and thewritten consent of the City Attorney, the head of a city department may destroy certain City records,documents, instruments, books or papers under the Department Heads charge, without making a copythereof, if the records are no longer needed; and

WHEREAS, a list of records, documents, instruments, books or papers proposed for destruction isattached hereto as Exhibit A and shall hereafter be referred to collectively as Records; and

WHEREAS, the Records have been approved for destruction by the City Attorney; and

WHEREAS, The City Council of the City of Lakeport finds and determines that the Records are nolonger required and may be destroyed;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport thatapproval and authorization is hereby given to destroy these records described in Exhibit A attached hereto.

The foregoing Resolution was passed and adopted at a regular meeting of the City Council on the 7th

day of June, 2011, by the following vote:

AYES:NOES:ABSTAINING:ABSENT:

________________________________SUZANNE LYONS, Mayor

ATTEST:

________________________________JANEL M. CHAPMAN, City Clerk


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EXHIBIT A

Records Destruction List

Box or File # Location Record Name Description

1 CH Bids for three pickup trucks (2003)Invitation for bids and BidProposals

1 CHEvent Applications & Correspondence 1993through 2005

Applications for andcorrespondence regarding events

1 CHVehicle Abatement Correspondence prior to10/01/08 and Status Reports from 1994 and

1995

General Correspondence andstatus reports from the Vehicle

Abatement file1 CH

Traffic Safety Advisory Committee GeneralCorrespondence prior to July 1, 2007

General Correspondence from theTraffic Safety Advisory Committee

1 CH Statements of Economic InterestsFormer employees and/or Counciland Planning Commissionmembers

1 CH1976 Correspondence between FPPC andCity of Lakeport

Regarding Conflict of InterestCode

2 and 3 CHEmployee Recruitment Records from 1990 to2007

Applications, resumes, coverletters, interview information


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Meeting Date: 06/07/2011 Page 1 Agenda Item #V.H.



STAFF REPORTRE: Building Permit Report MEETING DATE: 06/07/2011

SUBMITTED BY: Community Development Department



The Council is being asked to review the Building Permit Report for informational purposes only.

SUMMARY:

Attached is a copy of the May 2011 building permit log and pending permits. The following are totals forFiscal Year 2010/2011 for the Building Department:

Number of Permits 137Construction Value $3,690,556.16Permit Revenue $48,756.77

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for May 2011.

Attachments: Monthly Building Permit Report for May 2011


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Meeting Date: 06/07/2011 Page 1 Agenda Item #V.I.



STAFF REPORTRE: Redevelopment Tax Increment Revenue Pass Through

Payments to Affected Taxing Entities and Housing Set AsideDisbursement

MEETING DATE: 06/07/2011

SUBMITTED BY: Richard Knoll, Redevelopment, Housing & Economic Development Director



The City Council is being asked to approve the mandatory tax increment revenue pass through payments tothe affected taxing entities in the amounts listed on the attached calculation sheet and direct that the 20percent Housing Set Aside be allocated to Fund 219.

BACKGROUND:

The Redevelopment Agency receives tax increment revenue and is required by State law to disburse aproportionate share of this revenue back to the affected taxing entities existing within the RedevelopmentProject Area. Twenty percent of the tax increment revenue must also be allocated to the RedevelopmentLowModerate Housing Set Aside Fund 219.

DISCUSSION:

This is a standard operating procedure in accordance with California Redevelopment Law.

OPTIONS:

Approve disbursements to the affected local taxing agencies and the Redevelopment Low-ModerateHousing Fund 219.

FISCAL IMPACT:

None $$92,708.21 Account Number: Comments:

SUGGESTED MOTIONS:

Move to approve disbursements to the affected local taxing agencies and the Redevelopment Low-ModerateHousing Fund 219.

Attachments: Pass Through Calculation Sheet


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TAX INCREMENT REVENUE

PASS THROUGH PAYMENT CALCULATION SHEET

FISCAL YEAR 2010-2011

CHECK DATERECEIVED FROM COUNTY ON 5/24/2011

AMOUNT OF CHECK: $463,541.04

PLUS AMOUNT DEDUCTED FOR ERAF: $0.00

PLUS AMOUNT DEDUCTED FOR COUNTY ADMIN FEE: $0.00

AMOUNT TO BE USED FOR CALCULATING PASS THRU PYMTS: $463,541.04

20 PERCENT TO HOUSING SET-ASIDE: $92,708.21

20 PERCENT TO AFFECTED AGENCIES: $92,708.21

AFFECTED AGENCY % OF PASS THROUGH DOLLAR AMOUNT

City of Lakeport 0.135991 $12,607.48

CLMSD 0.013274 $1,230.61

Fire District 0.088642 $8,217.84

Hartley Cemetery 0.011570 $1,072.63

Lakeport School District 0.318463 $29,524.13

Mendocino College 0.061955 $5,743.74

Office of Education 0.027526 $2,551.89

Vector Control 0.018917 $1,753.76*LAKE COUNTY:

County General 0.301226 $27,926.12

Lake County Library 0.01241 $1,150.51

Fish and Game 0.00103 $95.49

Flood General 0.008996 $ 834.00

1.000000 $92,708.21

*LAKE COUNTY TOTAL AMOUNT OF CHECK $30 006 12

Documents

060711 Lakeport City Council - Consent Agenda