Agenda, regular meeting — Campbell City Council, May 3, 2022

*Item 9 added to revised agenda on April 29, 2022.

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California

NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Servi ces', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19.

Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.

This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.

The City Council meeting will be live- streamed on Channel 26, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.

Those members of the public wishing to p rovide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.

Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 3, 2022 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring the Week of May 1 - 7, 2022 as Municipal Clerks Week
Recommended Action: Issue a proclamation declaring the week of May 1- 7, 2022 as Municipal Clerks Week in the City of Campbell.

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law

*Item 9 added to revised agenda on April 29, 2022.
generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of C ity Council, City staff, or a member of the public.

Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

2. Minutes of City Council Study Session Meeting of April 5, 2022 Recommended Action: Approve the Study Session meeting minutes of April 5, 2022.

3. Minutes of City Council Executive Session Meeting of April 19, 2022 Recommended Action: Approve the Executive Session meeting minutes of April 19, 2022.

4. Minutes of City Council Regular Meeting of April 19, 2022 Recommended Action: Approve the Regular meeting minutes of April 19, 2022.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,897,105.77.

6. Monthly Investment Transactions Report (March 2022)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for March 2022.

7. Investment Report - Quarter Ending March 2022
Recommended Action: That the City Council approve the Investment Report for the quarter ending March 2022 and the report be noted and filed.

8. Approval of Tract Map No. 10557 Including Acceptance of Street Dedication and Public Service Easements Shown on Said Map – 1323 Elam Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Tract Map for Tract No. 10557 and accept the street dedication and public service easements as shown on the map for the property located at 1323 Elam Avenue.
*9. Second Reading of Ordinance 2280 Adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in Compliance with Assembly Bill 481 (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve second reading to adopt Ordinance 2280 adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in compliance with Assembly Bill 481 approving a Military Equipment Policy as set forth in Campbell Police Department Policy 709.

*Item 9 added to revised agenda on April 29, 2022.

10. Approve Enterprise Access Agreement with Environmental Syst ems Research Institute, Inc. (ESRI) for the Use of Geographic Information Systems (GIS) Technology (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute an Enterprise Access Agreement with Environmental Systems Research Institute, Inc. (ESRI), for the licensing and use of ESRI’s Geographic Information Systems (GIS) products in an amount not to exceed $88,500; and, authorize the City Manager to execute any future amendments to the contract and to dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).

11. Extension of Public WiFi at Campbell Community Center (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolu tion authorizing the City Manager to execute a contract with Dasher Technologies, in an amount not to exceed $80 ,729 to purchase and install the public Wifi technology at the Campbell Community Center; and, authorize the City Manager to execute any future amendments to the contract and dispense with the standard bidding requirements as specified in Campbell Municipal Code Section 3.20.030(6).

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

NEW BUSINESS

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

12. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.

City
Council
Report

TITLE: Proclamation Declaring the Week of May 1 - 7, 2022 as Municipal Clerks Week

RECOMMENDED ACTION

Issue a proclamation declaring the week o f May 1-7, 2022 as Municipal Clerks Week in the City of Campbell.

BACKGROUND

May 1 through May 7, 2022 will be the 53 rd Annual Professional Municipal Clerks Week.

Initiated in 1969 by the International Institute of Municipal Clerks (IIMC) and endorsed by all of its members throughout the United States, Canada and 15 other countries . The week is a time of celebration and reflection on the importance of the Municipal Clerk’s Office. In 1984, President Ronald Reagan signed a proclamation officially declaring Municipal Clerks Week the first full week of May. In 1994 and 1996, President Bill Clinton also signed proclamations confirming Municipal Clerks Week.

Although it is one of the oldest positions in local government, few people realize the vital services Municipal and Deputy Clerks perform for their community. Primarily, they act as the cornerstone of their council. They also prepare the council agendas, record and index minutes, and maintain the council’s ordinance and resolution files. Other responsibilities include keeping the official records of the city and conducting local elections. Many serve as financial officers or treasurers and, in some municipalities, may act as chief administrative officers or communication directors.

DISCUSSION

The purpose of this week is to increase the public’s awareness of the Municipal Clerks serving in their communities . To celebrate the 2022 Municipal Clerk’s Week, the City Clerk’s Office is planning to share via social media and on Channel 26 some of the vital services they provide on a daily basis to help make Campbell great.

FISCAL IMPACT

There are no fiscal impacts associated with this action.

Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: May 3, 2022
1 Packet Pg. 4
Proclamation Declaring Municipal Clerks Week 2022 Page 2 of 2

Prepared by:

Dusty Christopherson, City Clerk

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Proclamation - Municipal Clerks Week 2022
1 Packet Pg. 5

PROCLAMATION
OF THE

MAYOR OF THE CITY OF CAMPBELL

Whereas, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and

Whereas, t he Office of the Municipal Clerk is the oldest among public servants, and

Whereas, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and

Whereas, the Municipal Clerk serves as the information center on functions of local government and community; and

Whereas, Municipal Clerks continually strive to improve the administration of the a ffairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations.

Whereas, it is appropriate that we recogn ize the accomplishments of the Office of the Municipal Clerk.

NOW, THEREFORE, I, Paul Resnikoff, Mayor of the City of Campbell, do hereby recognize the week of May 1 through May 7, 20 22, as Municipal Clerks Week, and further extend appreciation to our Cit y Clerk, and Deputy Clerk for the vital services they perform and their exemplary dedication to the communities they represent.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMP BELL this 3rd day of May, 2022.

___________________________________
Paul Resnikoff
Mayor of the City of Campbell

1.a
Packet Pg. 6
Attachment: Proclamation - Municipal Clerks Week 2022 (Proclamation Declaring Municipal Clerks Week 2022)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

STUDY SESSION MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 5, 2022 – 6:00 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council Study Session meeting wa s duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

No action may be taken on a matter under Study Session other than direction to staff to further review or prepare a r eport. Any proposed action regarding items on a Study Session must be agendized for a future Regular or Special City Council meeting.

CALL TO ORDER

The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Cou ncil Chamber, 70 N. First St., Campbe ll, California. Due to technical difficulties, this City Council Meeting began at 6:15 p.m.

ROLL CALL

Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present

STAFF PRESENT

Brian Loventhal, City Manager; Angelique Gaeta, Assistant City Manager; Dusty Christopherson, City Clerk; Bill Seligmann, City Attorney; Rob Eastwood, Community Development Director ; Will Fuentes, Finance Director; Gary Berg, Police Chief; Todd Capurso, Public Works Direct or; Natasha Bissel, Recreation and Community Services Director; Jenny Le -Christensen, Human Resources Manager; and Cecil Lawson, Information Technology Manager.

PUBLIC COMMENT
Due to technical difficulties, City Clerk Christopherson read into the record p ublic comments from Sean Mendelson, Campbell Resident urging the City of Campbell to adopt a Climate Action Plan.

1. Fiscal Year 2022-23 Budget Study Session – Department Workplans 2 Packet Pg. 7
Minutes Acceptance: Minutes of Apr 5, 2022 6:00 PM (CONSENT CALENDAR)

Minutes of April 5, 2022 City Council Meeting Page 2
Recommended Action : That the City Council receive an update and provide feedback on the Department Workplans for Fiscal Year 2022-23.

Brian Loventhal, City Manager reviewed the Council priorities for Fiscal Year 2023 highlighting the stra tegic objectives of Land Use, Finan cial Health, and the Environment. City Manager Loventhal discussed the significant workplan items for each City department including Measure O projects, labor negotiations, Community Center Wi-Fi enhancements, the November 2022 Election, a facilities condition assessment, needs assessment for Finance and Human Resource systems and General Plan/Housing Element.

Councilmembers confirmed consensus for updating the formatting of the Department Workplan Lists to combine those that are priorities for multiple departments, continue to list them under the lead department, and structure the list at topic level for simplicity.

In response to inquiries, Public Works Director Todd Capurso noted that the overhang maintenance project at the Community Center is funded as part of the Fiscal Year 2022 budget and will begin in late Spring/early Summer. A citywide facility condition assessment is included as a workplan item for Fiscal Year 2023 and will inform the funding needs for the citywide asset management plan.

Councilmembers discussed their individual priorities and requested the following items be added to the department workplan lists: Climate Action Plan, Below Market Rate Program needs, water conservation efforts, gun safety p ublic awareness campaign, and a citywide social media strategy.

Councilmembers expressed appreciation to staff for the detailed workplans and acknowledged the amount of work that is on tap to be completed.

ADJOURN

Mayor Resnikoff adjourned the meeting at 7:19 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

2 Packet Pg. 8
Minutes Acceptance: Minutes of Apr 5, 2022 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

CITY COUNCIL EXECUTIVE SESSION
Tuesday, April 19, 2022 – 6:00 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was conducted pursuant to provisions of the Brown Act.

CALL TO ORDER

The City Council of the City of Campbell convened on the special day of April 19, 2022.

ROLL CALL

PUBLIC COMMENT

There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel

B. Litigation

C. Real Property

D. Labor Negotiations - Pursuant to G.C. Section 54957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council, City Manager Brian Loventhal Employee Organizations: Campbell Municipal Employees Association (CMEA); Campbell Police Civilian Employ ees Association (CPCEA); Campbell Peace Officers’ Association (CPOA); Carpenters; Management Employees; and Confidential Employees

The City Council met in Executive Session to discuss Item D. City Manager Brian Loventhal, Assistant City Manager Angelique Gaeta, City Attorney Bill Seligmann, Finance Director Will Fuentes, Human Resources Manager Jenny Le -Christensen and Lisa Charbonneau with Liebert Cassidy Whitmore Law Firm were in attendance.

3 Packet Pg. 9
Minutes Acceptance: Minutes of Apr 19, 2022 6:00 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 2
Mayor Resnikoff stated that any reportable actions will be rep orted at the next regularly scheduled City Council Meeting.

ADJOURNMENT

Council adjourned at 7:20 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk

3 Packet Pg. 10
Minutes Acceptance: Minutes of Apr 19, 2022 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 19, 2022 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pur suant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL

PLEDGE OF ALLEGIANCE
Eric Johnson, Owner, Recycle Bookstore recipient of the Campbell Chamber of Commerce 2021 Business of the Year, led the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring April 29, 2022, as " Arbor Day" in the City of Campbell
Recommended Action: That the City Council proclaim April 29, 2022, as “Arbor Day” in the City of Campbell.

Mayor Resnikoff presented Public Works Supervisor, Ron Taormina with a proclamation declaring April 29, 2022 as Arbor Day in the City of Campbell. The City of Campbell has earned the prestigious Tree City USA award for over 40 years. The Arbor Day celebration will be held on Friday, April 29, 2022 at the Campbell Park. 4 Packet Pg. 11
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 2

COMMUNICATIONS AND PETITIONS
City Attorney Bill Seligmann stated that no reporta ble actions were taken at the City Council Executive Session meeting on April 19, 2022.

ORAL REQUESTS

There were no oral requests.

COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday - Friday, 8:00 a.m. to 5:00 p.m. For you r convenience, online services such as permits, business license applications and virtual appointments are available online. Visit the city’s website at www.campbellca.gov to view information for all city departments and services available.

Join us for Campbell Union School District’s Centennial Celebration, on Saturday, April 30, 2022 at 1:00 p.m. in the Orchard City Green at the Civic Center. Visit the Ainsley House Garden and Carriage House from 1:00 p.m. to 3:45 p.m. and celebrate the past, present and future of education in our community. From 4:00 p.m. to 7:00 p.m. stop by the Orchard City Green for two high energy bands, delicious BBQ and beverages . For additional information about this event, please visit www.campbellusd.org/centennial.

The Campbell Youth Commission is now recruiting. Join the talented Youth Commission team. Teens gain leaders hip skills, and act in an advisory capacity to the City Cou ncil on matters relating to teens. For additional information about this exciting opportunity, please visit www.campbellteens.com.

After two years, th e 45 th Annual Valentine 5k Fun Run has been scheduled for Saturday, May 7, 2022. Enjoy beautiful weather along the Los Gatos Creek trail, and run with family, friends, and our Campbell Community. Register by 8:00 a.m. on Monday, May 2, 2022 and receive yo ur free race shirt and custom metal. To register, visit the city’s website at www.campbellca.gov.

The Ainsley House Garden Concert Series is excited to host the Kristen Strom Jazz Quartet on Sunday, May 22, 2022. Saxophonist Kristen Strom has been a mainstay on the Bay Area Music scene for nearly two decades, acclaimed for beautifully rendered melodies, Strom has played alongside many well -known artists, including Gladys Knight, Natalie Cole, and Roberta Flack. T ickets are on sale now at www.campbellmuseums.com.

Read Beyond the Beaten Path. Summer reading at the Campbell Express Library begins Wednesday, June 1, 2022 and is free and open to all ages. You can regist er at the library or online at www.sccld.org.

CONSENT CALENDAR

Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.

Item 6 was removed.
4 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 3

The Consent Calendar was considered as follows:

2. Minutes of City Council Regular Meeting of April 5, 2022 Recommended Action: Approve the regular meeting minutes of April 5, 2022.

This action approves the City Council Regular Meeting Minutes of April 5, 2022.

3. Approving Bills and Claims
Recommended Action: That the City Council approve the bills and claims in the amount of $577,862.23.

This action approves the bills and claims in the amount of $577,862.23 as follows: bills and claims checks dated March 21, 2022, in the amount of $298,399.88; payroll checks dated March 28, 2022, in the amount of $63,275 .08; bills and claims checks dated March 28, 2022, in the amount of $216,187.27.

4. Authorization to Issue a Request for Proposals for Janitorial Services for the Campbell Community Center, Heritage Theatre, and Park Restrooms (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Public Works Director to initiate a Request for Proposals for janitorial services for the Campbell Community Center, Heritage Theater, and park restrooms with services beginning July 1, 2022; and authorize the Cit y Manager to execute a service contract with the most responsive bidder for a period of one (1) year with options to renew annually for up to a total of six (6) years.

This action adopts Resolution 12819 authorizing the Public Works Director to initiate a Request for Proposals for janitorial services for the Campbell Community Center, Heritage Theater, and park restrooms with services beginning July 1, 2022; and authorize the City Manager to execute a service contract with the most responsive bidder for a period of one (1) year with options to renew annually for up to a total of six (6) years.

5. Adopt a Resolution Authorizing the Acceptance of Seven (7) 15 -Gallon Trees from the Rotary Club of Campbell and the West Valle y Rotary Community Corps (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution accepting the donation of seven (7) 15 -gallon trees from the Rotary Club of Campbell and the West Valley Rotary Community Corps with an estimated value of $1,000.

This action adopts Resolution No. 12820 accepting the donation of seven (7) 15 - gallon trees from the Rotary Club of Campbell and the West Valley Rotary Community Corps with an estimated value of $1,000.

Councilmember Lopez expresse d his gratitude to the R otary Club of Campbell and to the West Valley Rotary Community Corps for their generous donation and support at the Arbor Day Celebration.
4 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 4

M/S: Gibbons/Lopez – That the City Council approve the Consent Calendar, with the exception of item 6. The motion w as adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff (Mayor Resnikoff abstained from voting on Item 5)

ITEMS CONSIDERED SEPARATE FROM CONSENT

6. Resolution Congratulating Recycle Bookstore on Being Selected “Business of the Year” by the Campbell Chamber of Commerce (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution congratulating Recycle Bookstore on being selected Campbell’s 2021 “Business of the Year.”

Councilmembers expressed congratulations to Mr. Eric Johnson and the Recycle Bookstore on being named Campbell’s 2021 Business of the Year and thanked them for being an active participate in the community.

Mr. Johnson expressed gratitude to the City Council for the recognition and stated that he is humbled to be named Business of the Year, and shared that he is a lo cal kid and there is a deep local connection between Campbell and the Recycle Bookstore.

M/S: Resnikoff/Gibbons – That the City Council adopt Resolution 12821 congratulating Recycle Bookstore on being selected Campbell’s 2021 “Business of the Year.” The m otion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Resnikoff
SECONDER: Gibbons
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

7. Introduction of Ordinance Adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in Complian ce with Assembly Bill 481 (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance Adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in Compliance with Assembly Bill 481 approving a Military Equipment Policy as set forth in Campbell Police Department Policy 709.

4 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 5
This is the time and place for a public hearing to consider introduction of an Ordinance add ing Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Cod e in Compliance with Assembly Bill 481 approving a Military Equipment Policy as set forth in Campbell Police Department Policy 709.

Police Chief Gary Berg presented the Staff Report dated April 19, 2022 and explained that Assembly Bill (AB) 481 was signed into law in 2021, aims to create a public forum for input and engagement with the community and requires approval of the use of military eq uipment (as defined by AB 481) by the Governing Board on an annual basis. Chief Berg noted that the Military Equipment Police Policy 709 is available on the department’s website for public inspection.

Captain Dan Livingston reviewed the 15 categories of m ilitary equipment as defined by AB 481 and described how some of the equipment is used in various situations. Captain Livingston reviewed the community outreach and community meeting held on April 11, 2022 and noted that three members of the public attended the meeting.

Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.

There being no public comments, Mayor Resnikoff closed the public hearing.

Councilmember Lopez stated that he is abstaining from this vote as he does not agree w ith all equipment usage as described, however he is supportive of the Police Department and noted the important step s made toward increased transparency including the development of the Police Advisory Committee.

M/S: Gibbons/Landry – That the City Counci l introduce Ordinance 2280 Adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in Compliance with Assembly Bill 481 approving a Military Equipment Policy as set forth in Campbell Police Department Policy 709.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Bybee, Resnikoff
ABSTAIN: Lopez

City Clerk Christopherson read the full title of Ordinance No. 2280.

M/S: Bybee/Gibbons – That t he City Council waive further reading of Ordinance No. 2280. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Bybee
SECONDER: Gibbons
AYES: Gibbons, Landry, Bybee, Resnikoff
ABSTAIN: Lopez
4 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 6

8. Approval of Fiscal Year 2023 Schedule of Fees and Charges (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Fiscal Year (FY) 2023 Schedule of Fees and Charges, effective July 1, 2022.

This is the time and plac e for a public hearing to consider approval of the Fiscal Year (FY) 2023 Schedule of Fees and Charges, effective July 1, 2022.

Finance Director Will Fuentes presented the staff report dated April 19, 2022 noting that the City's financial policies require f ees and charges for services be reviewed and updated annually to ensure that they keep pace with the changes in the cost of provi ding related services and/or changes in methods or levels of service delivery. Per best financial practices, it is recommended that a comprehensive cost allocation plan and user fee study be prepared every 3 to 5 years as the structure of costs and operati ons change over time. Thus, staff recommends that a new comprehensive cost allocation plan and user fee study be prepared no later than FY 2024 and has added this as a proposed department workplan item for FY 2023. Because this is an interim year between comprehensive studies, most existing fees are recommended to increase by

3.21%.

Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.

There being no public comments, Mayor Resnikoff closed the public hearing.

Councilmember Gibbons expressed concerns that the dollar per acre Parkland Dedication Fee was last changed in 2019, land values have significantly increased since that time, and the City should be updating this fee to accommodate the impacts to our parks that an increase in residents makes.

Public Works Director Todd Capurso noted that the Parkland Dedication Fee will be part of the User Fee Study completed during FY 2023, which will help to inform the proper valuation and fee structure.

In response to an inquiry, Chief Berg noted that the footnote indicating the Administrative Fee associated with Firearms Storage would be waived on a case by case basis and only at the discretion of the Police Chief.

M/S: Landry/Lopez – That the City Council adopt Resolution 12822 approving t he Fiscal Year (FY) 202 3 Schedule of Fees and Charges, effective July 1, 2022, including the Desk Items. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
4 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 7

9. Public Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2023 (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2023.

This is the time and place for a public hearing to consider an Ordinance amending provisions of the Cam pbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2023.

Finance Manager Norite Vong presented the Staff Report dated April 19, 2022, and stated that as part of Measure M, approved by the voters in November 2010, Campbell Municipal Code Section 5.01.170 allows an increase in the amount of any tax set forth in this title by no more than two percent (2%) per year to account for inflation. Business license tax rates were last increased by 2% in FY 2020. Due to the nega tive economic impacts t o the business community caused by the COVID-19 pandemic, Council chose to keep rates unchanged for FY 2021 and 2022.

In response to an inquiry, City Attorney Bill Seligmann clarified that a Business License Tax increase, could be c umulative for the years in which it was not increased.

In response to inquiries, City Manager Brian Loventhal noted that the Finance Department will be studying the City’s current business license tax rate structure and licensing processes and will bring forward any recommendat ions. However, the business license tax rate structure is voter approved and any potential changes will need to be placed on a future ballot for voter approval.

Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.

There being no public comments, Mayor Resnikoff closed the public hearing.

Council confirmed consensus for continuing to support local businesses during the pandemic recovery and confirmed consensus for not amending the business license tax rates at this time.

NEW BUSINESS

10. Annual Report of the Citizen's Bond Oversight Committee for Measure O Recommended Action: That the City Council receive the first Annual Report of the Citizen's Bond Oversight Committee for Measure O.

Mayor Resnikoff recused himself from this item due to the close proximity of the project site to his personal residence and left the Council Chambers.

Finance Manager Vong presented the Staff Report dated April 19, 2022, and noted that as a condition of Measure O voter authorization and in order to ensure accountability for the expenditure of bond proceeds, the City established a Citizens’ Bond Oversight Committee. (COC) A primary duty of the Committee is 4 Packet Pg. 17
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 8
to review expenditure reports produced by t he City to verify that bond p roceeds were expended only for the purposes set forth in Measure O and to report to Council annually on their findings.

COC Chairperson Al Bito presented the Annual Report and noted that the Committee found all expenditures to be consistent with Measure O requirements.

On Council consensus the Annual Report of the Citizen's Bond Oversight Committee for Measure O was accepted.

The City Council took a recess at 8:57 p.m. and reconvened at 9:10 p.m. with all members present.

11. Receive an Update on Objecti ve Standards and Consider Issuance of Request for Proposals/Request for Qualifications for Consultant Services to Support Completion of Objective Standards (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizi ng (a) issuance of a Request for Proposals (RFP) for consultant services to support completion of objective standards and a zoning ordinance update to support implementation of the General Plan and Housing Element update; (b) issuance of Request for Qualifications (RFQ) for contract services to provide planning review and processing of land use applications and permits; and (c) authorizing the City Manager to execute contracts with the selected service provi ders for a one year term in an amount not to exceed $515,000 for both contracts.

Community Development Director Rob Eastwood presented Staff Report dated April 19, 2022 and noted the Department is proposing to keep most of the work related to developing O bjective Standards in -house with consultant assist ance and contracting external planners to assist with the more basic plan review work within the department. This allows the more seasoned City planners, who are more familiar with Campbell’s needs to guide the development of the Objective Standards process.

Stephen Rose, Senior Planner reviewed the workplan approach, the public engagement plan, and reviewed the timeline for implementation, noting the final adoption of citywide standards targeted for Spring 2023.

In response to inquiry, Community Developm ent Director Eastwood noted that the funds for these efforts were approved by City Council at the mid -year budget review in February 2022.

Councilmember Gibbons expressed her concerns relating to the Sprin g 2023 target completion date and noted her prefer ence for adopting urgency measures, like housing overlay zones that could allow for a basic tool offering as developers come forward with their housing projects.

Vice Mayor Bybee noted needed corrections to the proposed Resolution and the Request for Pr oposal documents allowing for the City Manager to review and approve the selected consultant, and for requiring delivery of the Request for 4 Packet Pg. 18
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 9
Proposals to the City Clerk’s Office, both of which are required a s part of the Municipal Code.

M/S: Landry/Lopez – That the City Council adopt Resolution 12823 authorizing (a) issuance of a Request for Proposals (RFP) for consultant services to support completion of objective standards and a zoning ordinance update to s upport implementation of the General Plan and Housing Element update; (b) issuance of Request for Qualifications (RFQ) for contract services to provide planning review and processing of land use applications and permits; (c) authorizing the City Manager to execute contracts with the selected service provi ders for a one year term in an amount not to exceed $515,000 for both contracts; and making corrections to the Resolution allowing for the City Manager to approve the selected consultant, and for correction s to the Request for Proposal documents to require delivery to the City Clerk’s Office. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff

UNFINISHED BUSINESS

12. Receive Update Regarding Esta blishment of a Semi -Permanent Parklet Program and Authorize Preparation of an Ordinance Creating the Parklet Program
Recommended Action: That the City Council receive an update on the establishment of a semi-permanent Parklet Program and authorize preparation of an Ordinance to create the Parklet Program.

Community Development Director Eastwood and Economic Development Specialist, Michael Thomas presented the Staff Report dated April 19, 2022 and reviewed the background on this project, the stakeholder e ngagement, program recommendations and associated City costs.

In response to inquiries, Community Development Director Eastwood noted that the proposed plan allows for an application period of 3 months with a construction target time frame of January – March 2023. Staff is proposing a phased construction approach so that the entire Downtown area is not affected at the same time.

In response to inquiries, Economic Development Specialist Thomas noted tha t not all of the proposed fees were presented at the s takeholder meeting. Most of those attending noted their preference for a City escrow account of some sort to assist in offsetting construction costs.

Councilmember Gibbons stated her preference for par tnering with the businesses rather than City sponsored grants for this program, and needing more information and clarity on eligibility and how the City could accommodate future business owners or participants into this program. Councilmember 4 Packet Pg. 19
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 10 Gibbons reque sted assurance in the program documents that the City can remove a parklet as needed.

Councilwoman Landry expressed concerns relating to the equity of footage of space for each business, garbage generation as an increase in patrons will increase needs and expressed concerns relating to the safety of outdoor space heaters.

In response to inquiries, City Attorney Bill Seligmann noted that having the City build the parklet would require the City to comply with bidding and prevailing wage requirements, which could escalate costs very quickly for the City.

Councilmember Lopez expressed his preference for smaller bands of options for businesses with more reasonable costs for each offering and expressed concerns that the businesses weren’t provided a full explan ation of all potential costs. Councilmember Lopez expr essed support for City offered grants to help offset costs for participating businesses.

Vice Mayor Bybee expressed concerns relating to the eligibility criteria, equity of the footage of space for ea ch business and noted specificity is needed between when a temporary parklet should cease to be used and when the permanent one can be constructed.

Mayor Resnikoff expressed concerns relating to the feedback received about the potential fees, specificity of eligibility criteria, and the schedule between when a temporary parklet should cease to be used and when the permanent one can be constructed.

COUNCIL COMMITTEE REPORTS

13. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

Councilmember Gibbons reported that the Cities Association of Santa Clara County appointed Councilmember Lopez to serve as representative to the Bay Area Air Quality Management District and as alternate to the Association of Bay Area Governments.

Due to the late ness of the hour, Councilmembers chose to forgo their report on activities from their committee assignments.

ADJOURN
Mayor Resnikoff adjourned the meeting at 11:13 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
4 Packet Pg. 20
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of April 19, 2022 City Council Meeting Page 11

Dusty Christopherson, City Clerk

4 Packet Pg. 21
Minutes Acceptance: Minutes of Apr 19, 2022 7:30 PM (CONSENT CALENDAR)

City
Council
Report

TITLE: Approving Bills and Claims

RECOMMENDED ACTION

Approve the bills and claims in the amount of $1,897,105.77.

DISCUSSION

The bills and claims that have been aud ited and approved by staff for payments made as noted below:

Type Check Date Amount
Payroll March 31, 2022 $35,776.15
Bills & Claims April 4, 2022 $1,431,071.93
Bills & Claims April 11, 2022 $430,257.69
Total $1,897,105.77

FISCAL IMPACT

Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Roberto Garcia-Acosta, Accounting Clerk
II

Reviewed by:

Norite Vong, Finance Manager
Item: 5
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
5 Packet Pg. 22
Approving Bills and Claims Page 2 of 2

Approved by:

Brian Loventhal, City Manager

5 Packet Pg. 23

City
Council
Report

TITLE: Monthly Investment Transactions Report (March 2022)

RECOMMENDED ACTION

That the City Council review and accept the Monthly Investment Transactions Report for March 2022.

BACKGROUND

On August 17, 2021, the City Council approved the Fiscal Year (FY) 2021 -22 City of Campbell Investment Policy Update. Included as part of the updated policy was the addition of Monthly Investment Transaction Reports. As required by California Government Code (GC) Section 53607, staff will submit to Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with a ny Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to Council within 30 days from the end of the prior quarter.

DISCUSSION

This Monthly Investment Transaction Report covers March 2022. As shown in Attachment A , staff made two withdrawals and one deposit into the City’s Local Agency Investment Fund (LA IF) account to support weekly operating cash flow needs .

The withdrawals from LAIF totaling $1.1 million were offset by a $0.6 million deposit, resulting in a net decrease to the City’s LAIF account balance of $0.5 million. The semi- annual 2016 Tax Allocat ion Refunding Bond ( TARB) & 2016 Lease Revenue Bond (LRB) debt service payments ($1.0 million combined) were made in March, but otherwise, there were no other large or noteworthy cashflow transactions to report. As noted in the February report, the City already purchased 3 investments (Federal Home Loan Bank securities) this quarter and s taff anticipates purchasing additional investments as fixed income interest rates continue rising. Since the start of the COVID- 19 pandemic, staff has largely held off on purchasing new long-term investments so as to maintain sufficient liquidity necessary to support ongoing City operations during a time of economic uncertainty . However, consistent with the recommended F iscal Year (FY) 2021-22 Investment Strategy accepted by Council on August 17 , 2021, staff has revised this approach in the current fiscal year and started to look for longer -term Item: 6
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
6 Packet Pg. 24
Monthly Investment Transactions Report (March 2022) Page 2 of 2 investment opportunities outside of LAIF; thereby providing a higher, yet still safe return consistent with the City’s Investment P olicy. With the pandemic being brought under better control and the current LAIF investment rate being quite low at 0.365%, staff believes that this is a fiscally prudent approach and will continue to look for attractive and appropriate longer -term investm ent opportunities throughout FY 2021 -22; contingent on a continued positive economic trend and stabilization of the pandemic’s negative impacts. Please note that all investment purchases made adhere to the City’s Investment Policy.

FISCAL IMPACT
There is no fiscal impact associated with reviewing and accepting the Monthly Investment Transactions Report.

Prepared by:

John Formale, Accountant
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-3.31.22
6 Packet Pg. 25
Reviewed by:

Will Fuentes, Finance Director

CITY OF CAMPBELL
Monthly Investment Transactions Report
March 1 to March 31, 2022
Account Trans. Date Mar 2022
LAIF - ******137
Average Monthly Yield 0.365%
Beginning Balance 42,766,455$
Withdrawal 03/02/2022 (700,000)
Withdrawal 03/09/2022 (400,000)
Deposit 03/24/2022 600,000
Monthly Total (500,000)
Ending Balance 42,266,455$
Account Trans. Date Mar 2022
Bank of New York (BNY) - ******818
Beginning Balance 12,000,000$
Ending Balance 12,000,000$

6.a
Packet Pg. 26
Attachment: Monthly Investment Activity Report-3.31.22 (Monthly Investment Transactions Report (March 2022)) City
Council
Report
TITLE: Investment Report - Quarter Ending March 2022

RECOMMENDED ACTION
That the City Council approve the Investment Report for the quarter ending March 2022 and the report be noted and filed.

DISCUSSION
The City invests primarily in the State of California Local Agency Investment Fund (LAIF) and US Government Agency securities to preserve the safety of the City’s surplus funds while achieving a reasonable return on its portfolio. The City’s strategy is one of buy -and-hold in which a portion of the portfolio is invested in fixed income securities of varying maturities that provides sufficient cash flow to meet the City’s operational needs.

During the quarter, the total amount of the City’s pooled cash investment portfolio increased $7.0 million to $55.3 million due to $7.9 million in property tax receipts, $1.4 combined in special assessment and Redevelopment Property Tax Trust Fund (RPPTF) receipts offset by seaso nal expenditures including $1.3 million in debt service obligations. The City purchased three $1.0 million Federal Home Loan Bank (FHLB) notes, the first, a step -up having a 3 -year maturity, initially earning 1.25% year 1, followed by 2.5% and 5.0% in year s 2 and 3, respectively. The second, also a 3 -year, earns 2.0% until maturity and a 3 rd one with a 2 -year maturity earning 1.75%. Please note that the City pools all cash for investment purposes, but accounts, reports, and tracks investment income, other r evenue, and expenditures separately for each fund to properly meet the purpose and restrictions of each funding source. This is common and appropriate practice used in public agencies to gain the benefit of economies of scale when investing.

All investments are made in accordance with the City's established Investment Policy (Approved by Resolution No. 12748 on August 17, 2021) or as authorized pursuant to bond covenants. Presented within this report are the following:
· Investment balance & earnings - Qtr. ending, March 2022 · Summary of investments by type - Qtr. ending March 2022 · List of investments by institution - Qtr. ending March 2022 · Reconciliation of pooled cash - Qtr. ending March 2022 Item: 7
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
7 Packet Pg. 27
Investment Report - Quarter Ending March 2022 Page 2 of 4 · Summary of Total Cash Invested - Qtr. ending March 2022 · Monthly Schedule of Investments - Qtr. ending March 2022 · Cash flow projections for April 2022 thru Sep 2022
· Actual Receipts and Disbursements - Qtr. ending March 2022 Cash Flow
The cash flow projection reflects sufficient funds availabl e to meet the City of Campbell’s anticipated expenditures for April 2022 through September 2022. (Attachment B). When highly liquid LAIF funds ($42.3 million) are combined with actual cash on deposit ($0.6 million), the City has $42.9 million in actual liq uid cash balances as of the end of March 31, 2022. The City’s managed liquidity is estimated to increase to $69.4 million by the end of September 2022 due to a second issuance of Measure O bonds for $30 million, $3.9 million from State Budget grant allocat ions for new Police Station FFE and project costs, $2.4 million ‘energy savings’ loan reimbursement from PG&E as a result of completing the ESCO conservation project and $5.0 million from the 2 nd round of ARPA funding. Sales tax receipts are projected to g row 6% year to year. Increased revenues will be offset by the FY 2023 annual unfunded liability CalPERS payment of $5.2 million, $1.1 million for the annual JPA insurance premium, $2.9 million in combined debt service for TARB, LRB & Measure O, and an esti mated $6.0 million increase in A/P in July and August due to the seasonal nature of expenditures as the City crosses fiscal years. As reported in the previous quarter, staff is returning to past investment priorities of safety, liquidity, and return, in th at order, due to the pandemic being brought under better control and is planning to re -invest an additional $5.0 million from LAIF into additional long term securities. This is in contrast to the period during the pandemic, where excess cash was kept in LA IF at higher levels to ensure maximum liquidity, safety, and flexibility due to the higher uncertainty surrounding the pandemic. Nevertheless, staff will continue to monitor the pandemic and make adjustments to the investment strategy as appropriate and fi scally prudent to meet City’s operational needs.
7 Packet Pg. 28
Investment Report - Quarter Ending March 2022 Page 3 of 4 * The City intends to hold treasury/agency securities to maturity or until they are called, as a result this is a paper gain and/or loss that will not be realized. In a decreasing interest rate environment, as we are experiencing, unrealized gains are expected.
** Cash with fiscal agent held for debt service payments.

Reconciliation of Pooled Cash per Ledgers to Investment Report Quarter ending 3/31/2022
Balance per ledger - Qtr Ending Quarter ending 3/31/2022 54,266,457$ Balance per Investment Report 55,302,899$
March bond payments posted by A/P in April Difference (1,036,443)$ 7 Packet Pg. 29
Investment Report - Quarter Ending March 2022 Page 4 of 4 Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Quarterly Schedule of Investments
b. Cashflow Projections
c. Actual Receipts and Disbursements
7 Packet Pg. 30
City of Campbell
Quarterly Schedule of Investments
Mar-22 0.44
Maturities/ Remain Interest Interest # of Int.Recv. Interest Interest Int.Recv. Interest Interest Beginning Purchases/ Calls/ Ending % of % of Par * Market Maturity Days Rate Earned to Days inBeginning Earned Received Ending Received Bal. to Balance Deposits Withdrawals Balance Type Assets Value Value Date To Mat (Annual) Maturity Month Balance This Qtr. This Qtr. Balance To Date Maturity Local Agency Investment Fund (L.A.I.F.) 39,293,415 11,523,040 (8,550,000) 42,266,455 100.00% 76.43% 42,266,455 41,791,107 N/A N/A 0.365% N/A 31 13,888 31,696 23,040 22,545 1,465,929 N/A Gov't Securities (Custodian-BNY Bank) . - - Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - 1,000,000 10.00% 1.81% 1,000,000 960,530 08/26/24 879 0.500% S 16,274 31 857 1,233 - 2,089 2,500 13,774 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 10.00% 1.81% 1,000,000 955,870 01/22/25 1,028 0.700% S 24,567 31 3,529 1,726 3,500 1,755 3,500 21,067 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 10.00% 1.81% 1,000,000 942,350 09/17/25 1,266 0.800% S 32,022 31 2,674 1,973 4,000 647 4,000 28,022 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 10.00% 1.81% 1,000,000 968,900 11/18/24 963 0.350% S (A) 30,528 31 412 863 - 1,275 - 30,528 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 10.00% 1.81% 1,000,000 946,430 07/29/25 1,216 0.810% S 30,381 31 1,398 1,997 2,025 1,370 2,025 28,356 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 10.00% 1.81% 1,000,000 948,220 03/21/25 1,086 0.650% S 22,741 31 2,173 1,603 3,250 525 3,250 19,491 Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 10.00% 1.81% 1,000,000 989,880 02/28/25 1,065 1.250% S (B) 37,534 31 - 1,096 - 1,096 - 37,534 Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 10.00% 1.81% 1,000,000 987,420 02/27/25 1,064 2.000% S 60,000 31 - 1,753 - 1,753 - 60,000 Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 10.00% 1.81% 1,000,000 991,530 02/23/24 694 1.750% S 34,760 31 - 1,534 - 1,534 - 34,760 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - 1,000,000 10.00% 1.81% 1,000,000 956,720 12/30/24 1,005 0.625% S 23,476 31 2,115 1,541 3,125 531 6,250 17,226 Subtotal-Gov't Securities 7,000,000 3,000,000 - 10,000,000 100.00% 18.08% 10,000,000 9,647,850 312,283 13,157 15,319 15,900 21,525 290,758 Corporate Notes
Ally Bank 250,000 250,000 12.50% 0.45% 250,000.00 251,005 08/08/22 130 2.150% S 16,140 31 2,254 1,325 2,710 870 13,474 2,666 Capital One Bank 250,000 250,000 12.50% 0.45% 250,000.00 251,005 08/08/22 130 2.150% S 16,140 31 2,254 1,325 2,710 870 13,474 2,666 Capital One National Association 250,000 250,000 12.50% 0.45% 250,000.00 251,005 08/08/22 130 2.150% S 16,140 31 2,254 1,325 2,710 870 13,474 2,666 Goldman Sachs Bank 250,000 250,000 12.50% 0.45% 250,000.00 251,005 08/08/22 130 2.150% S 16,140 31 2,254 1,325 2,710 870 13,474 2,666 Morgan Stanley Bank CD 250,000 250,000 12.50% 0.45% 250,000.00 250,276 01/17/23 292 1.850% S 13,900 31 2,129 1,140 2,332 938 9,263 4,637 Morgan Stanley Private Bank CD 250,000 250,000 12.50% 0.45% 250,000.00 250,276 01/17/23 292 1.850% S 13,900 31 2,128 1,140 2,332 937 9,263 4,637 Wells Fargo Bank CD 250,000 250,000 12.50% 0.45% 250,000.00 250,382 01/17/23 292 1.900% S 14,263 31 950 1,171 1,171 950 8,693 5,570 Wells Fargo Ntl Bk West CD 250,000 250,000 12.50% 0.45% 250,000.00 250,382 01/17/23 292 1.900% S 14,263 31 950 1,171 1,171 950 8,693 5,960 - - - Subtotal-Corporate Notes 2,000,000 - - 2,000,000 100.00% 3.62% 2,000,000 2,005,335 2.013% * 120,886 15,175 9,925 17,844 7,256 89,809 31,468 Investments under the management of contracted parties: (A)-Interest rate steps up to 1.35 for 2nd yr (B)-Interest rate steps up to 2.5 & 5.0 in 2nd & 3rd yrs respectively Trustee: BNY Mellon
2016 Lease Revenue Bond Payment 1 92,100 - 92,101 8.89% 0.17% 92,101 92,101 N/A N/A 0.025% N/A 31 - - - 78 N/A 2016 SA Refunding Debt Service/TARB 1 944,342 - 944,343 91.11% 1.71% 944,343 944,343 N/A N/A 0.018% N/A 31 - - - - 97 N/A Subtotal-Trust A/C 2 1,036,442 - 1,036,444 99.99% 1.87% 1,036,444 1,036,444 N/A 0.330% - (0) - - (0) 216 - Total Portfolio 48,293,417 15,559,482 (8,550,000) 55,302,899 100.00% 55,302,899 54,480,736 Wgt Avg 0.532% 433,169 42,221 56,940 56,784 29,801 1,577,479 322,226

Investment Portfolio Increased / (Decreased) by: 7,009,482$ Weighted Average to Maturity = 151.5 Days % of Wgt Avg Actual Actual
Note: Total Cash Invested Rate/Annual Yield Interest Earned Interest Received S - Semi-Annual Month FY 21-22 FY 20-21 FY 21-22 FY 20-21 Month Wgt Avg FY 21-22 FY 20-21 FY 21-22 FY 20-21 FY 21-22 FY 20-21 Q - Quarterly July 54,363,905$ 36,069,560$ 96.93% 95.97% July Wgt Avg 0.308% 0.973% 14,234 29,811 45,850 135,846 M - Monthly August 52,463,905 55,671,375 97.06% 97.19% August Wgt Avg 0.312% 0.907% 13,877 42,861 11,468 11,527 September 48,863,905 49,423,760 96.56% 91.02% September Wgt Avg 0.326% 0.840% 13,088 32,525 3,932 807 October 48,193,417 46,055,140 98.37% 98.32% October Wgt Avg 0.328% 0.737% 13,148 30,203 30,291 102,100 November 48,693,417 46,205,140 97.47% 97.21% November Wgt Avg 0.330% 0.769% 13,404 26,444 3,307 807 December 48,293,417 47,555,140 96.42% 98.57% December Wgt Avg 0.331% 0.660% 13,934 26,655 781 781 January 56,666,457 54,321,533 98.67% 96.62% January Wgt Avg 0.320% 0.517% 16,632 25,201 34,035 91,062 February 54,766,457 53,519,718 97.09% 96.70% February Wgt Avg 0.463% 0.467% 15,799 19,173 11,645 10,838 March 55,302,899 53,017,582 98.86% 96.98% March Wgt Avg 0.532% 0.425% 24,508 18,998 11,104 729 April 52,873,424 92.15% April Wgt Avg 0.412% 17,883 54,514 May 54,623,423 98.35% May Wgt Avg 0.390% 18,109 781 31-Mar-22 June 56,923,424 96.96% June Wgt Avg 0.334% 15,619 2,157 31 Average 51,956,420$ 50,521,602$ Average 97.49% Average 96.34% Average 0.361% 0.619% 138,625 303,482 152,413 411,949 Per Governmental Code requirements, this schedule of Investments icomplies with the City of Campbell's Investment Policy, and there are adequate funds available to meet the budgeted expenditures for the next six months. * Market prices are obtained from the monthly investment statements of the various institutions or the City's third-party custodian, BNY Mellon Bank.

Portfolio Balance
invsch10- PDF copy
4/14/2022

7.a
Packet Pg. 31
Attachment: Quarterly Schedule of Investments (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 32
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 33
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 34
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 35
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 36
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.b
Packet Pg. 37
Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2022)

7.c
Packet Pg. 38
Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2022)

7.c
Packet Pg. 39
Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2022)

7.c
Packet Pg. 40
Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2022)

City
Council
Report

TITLE: Approval of Tract Map No. 10557 Including Acceptance of Street Dedication and Public Service Easements Shown on Said Map – 1323 Elam Avenue (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution approving the Tract Map for Tract No. 10557 and accept the street dedication and public service easements as shown on the map for the property located at 1323 Elam Avenue.

BACKGROUND

On April 5, 2022, the City Council adopted Resolution No. 12817 conditionally approving a Tentative Subdivision Map (PLN -2021-201) to allow the creation of four single family lots and one common lot on the property located at 1323 Elam Avenue.

DISCUSSION

The Tract Map includes the public street dedication and public service easements necessary to accommodate the approved use of the property. Staff has reviewed the map and found it in compliance with the approved Vesting Tentative Subdivision Map, the Subdivision Map Act, and Title 20 of the Campbell Municipal Code. The attached resolution has been prepared for Council’s consideration for approval of the Tract Map, including acceptance of the street dedication and public service easements offered for dedication on said map.

FISCAL IMPACT

The fiscal impacts associated with this subdivision were previously discussed at the time City Council approved the Vesting Tentative Subdivision Map (PLN -2021-201) on April 5, 2022. To summarize, in addition to the entitle ment application fees already paid, and permits fees required for building permit and off -site improvement review, the developer has contributed $25,762 in Park Impact Fees.

ALTERNATIVES

Determine that the Tract Map is not consistent with the Tentative M ap or applicable codes, and do not approve the Tract Map with the proposed dedications.

Item: 8
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
8 Packet Pg. 41
Approval of Tract Map No. 10557 Including Acceptance of Street Dedication & Public Service Easement

Page 2 of 2 ends

Prepared by:

Roger Storz, Senior Civil Engineer
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Tract Map 10557
8 Packet Pg. 42

RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE TRACT MAP FOR TRACT NO . 10557 AND ACCEPTING THE

PUBLIC STREET AND PUBLIC S ERVICE EASEMENT S OFFERED FOR DEDICATION FOR THE PROPERTY LOCATED AT 1323 ELAM AVENUE

WHEREAS, On April 5, 20 22, the City Council adopted Resolution No. 12817 approving a Tentative Subdivision Map (PLN-2021-201) for the property located at 1323 Elam Avenue; and

WHEREAS, public street dedication and public service easements are necessary to accommodate the approved use of the property and have been offered for dedication on the Tract Map; and

WHEREAS, the Tract Map has been prepared, reviewed by staff, and found to be in compliance with the Tentative Map, the Subdivision Map Act , and Title 20 of the Campbell Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that Tract Map 10 557 is hereby approved, and the Public Street and Public Service Easements offered for dedication as shown on said map ar e her eby acce pted i n conformity with the terms for which they are offered.

PASSED AND ADOPTED this _______ day of _______, 2022 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

____________________________
Paul Resnikoff, Mayor

ATTEST:

_______________________________
Dusty Christopherson, City Clerk

8.a
Packet Pg. 43
Attachment: Resolution (Approval of Tract Map No. 10557 Including Acceptance of Street Dedication & Public Service Easement)

8.b
Packet Pg. 44
Attachment: Tract Map 10557 (Approval of Tract Map No. 10557 Including Acceptance of Street Dedication & Public Service Easement)

8.b
Packet Pg. 45
Attachment: Tract Map 10557 (Approval of Tract Map No. 10557 Including Acceptance of Street Dedication & Public Service Easement)

8.b
Packet Pg. 46
Attachment: Tract Map 10557 (Approval of Tract Map No. 10557 Including Acceptance of Street Dedication & Public Service Easement)

City
Council
Report

TITLE: Second Reading of Ordinance 2280 Adding Chapter 8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in Compliance with Assembly Bill 481 (Ordinance/Roll Call Vote)

RECOMMENDED ACTION

That the City Council approve second reading to adopt Ordinance 2280 adding Chapter

8.44 - AB 481 Military Equipment to the City of Campbell Municipal Code in compliance with Assembly Bill 481 approving a Milita ry Equipment Policy as set forth in Campbell Police Department Policy 709.

BACKGROUND

On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment.

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the law enforcement agency funding, acquiring, or using military equipment. The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military.

At its regular meeting on April 19, 2022, the City Council originally considered the Military Equipment Use Policy – Policy No. 709, and introduced Ordinance 2280 with a 4-0 vote (Councilmember Lopez ab stained). This meeting represents the second and final reading of the Ordinance. Ordinance 2280 will become effective 30 days following the second reading.

DISCUSSION

The Cit y Council has a long -standing commitment of ensuring the Campbell Police Department (Police Department) has equipment necessary to safeguard the lives of the Campbell community. There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options Item: 9
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
9 Packet Pg. 47
AB 481 Military Equipment Policy Ordinance Page 2 of 10 as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to the Police Department’s mission and will continue to be strictly regulated through internal processes and oversight.

In enacting AB 481, the legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials in an effort to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the state legislature stated that local agency decisions r egarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input. The bill requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, accomplish the following by May 1, 2022:

· Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment to include:
o A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
o The purposes and authorized uses for which the law enforcement agency proposes to use each type of military equipment.
o The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
o The legal and procedural rules that govern each authorized use. o The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any officer, agent, or employee of the law enforcement agencies allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. o The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
o The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

• Seek approval of the policy from their governin g body , by ordinance , before acquiring new military equipment or seeking funds for equipment purchases.
9 Packet Pg. 48
AB 481 Military Equipment Policy Ordinance Page 3 of 10

• Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

At least annually after the adoption of a Military Equipment Use Policy, the law enforcement agency shall prepare an annual military equipment report to include:

• A summary of how the military equipment was used and the purpose of its use. • A summ ary of any complaints or concerns received concerning the military equipment.
• The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. • The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of t he annual military equipment report.
• The quantity possessed for each type of military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and, • Within 30 -days of submitting the annual military equipment report, a law enforcement agency must hold at least one “well -publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.

The governing body sh all annually review the Military Equipment Use Ordinance containing the Military Equipment Use policy and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.

If the City Council does not approve the continuing use of military equipment within 180 - days of submission of the proposed Military Equipment Use Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481.

AB 481 defines “Military equipment” as follows and differentiates the equipment by category:

(Category 1) Unmanned, remotely piloted, powered aerial or ground vehicles. (Category 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (Category 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or 9 Packet Pg. 49
AB 481 Military Equipment Policy Ordinance Page 4 of 10 wheeled vehicles that have a breaching or entry apparatus attached.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(Category 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(Category 5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Category 6) Weaponized aircraft, vessels, or vehicles of any kind. (Category 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(Category 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(Category 9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (Category 10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (Category 11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(Category 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (Category 13) Taser Shockwave, microwave weapons, water cannons, and the Long- Range Acoustic Device (LRAD).
(Category 14) The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(Category 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

For added clarity, nothing in this bill prohibits law enforcement from obtaining any of the above equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the u ses for that equipment. Please note, as described further below, the Police Department possesses, or is scheduled to take possession of, equipment in only 10 of the 15 categories listed (Categories 1, 2, 3, 5, 7, 8, 9, 11, 12 and 14).

After significant re search, testing and practical application, law enforcement agencies have been trained and equipped with the tools to combat terrorism and high -risk criminal behavior at the local level. Responding to situations in which one or more persons are engaged in o n-going aggressive, deadly behavior, requires the proper equipment to mitigate or lessen the threat to public safety. 9 Packet Pg. 50
AB 481 Military Equipment Policy Ordinance Page 5 of 10

On a frequent basis, the Police Department is faced with situations that can potentially be resolved with less lethal tactics as a resul t of having the appropriate training and resources available, such as welfare checks, warrant service, uncooperative individuals subject to arrest, high risk car stops, barricaded subjects, etc.

Many of the tools the Police Department utilizes to address critical incidents and high - risk criminal behavior at the local level have become industry standards among law enforcement agencies throughout the country. Without these tools and current technology, the Police Department would have to completely re -think operations and tactics to safely resolve situations and protect personnel.

The equipment purchased by the Police Department is intended for use to save civilian lives, protect law enforcement personnel, reduce risk for the city and enhance public safety. Secondarily, the equipment also creates cover, distance, and time to slow the decision-making process. Doing so, allows responding officers to take in and evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved. Many of the items designated by AB 481 as military equipment have been in our Police Department ’s equipment inventory for decades and have been successfully used to resolve critical incidents.

Staff has not discovered alternative items that can achieve the same objectives of officer and civilian safety. Each item’s necessity is further described below:

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in provid ing visibility in areas where it would be unsafe to send a peace officer. This system can also be used to deliver items or disrupt potentially hazardous items. Not having access to this item would require the use of peace officers to engage in high-risk tasks. There is no known alternative to this system.

Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) are necessary and have proven to be useful to public safety agencies in firefighting, search and rescue, pre -operational sur veillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

Without the use of a UAS, peace officers would have to deploy to high-risk locations which would increase the risk to the officers and members of the public. The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of areas and other structures. There are no known alternatives which could be used to safely access all the interior and exterior locations.

Armored personnel carriers / wheeled vehicles that have a breaching or entry apparatus: Armored vehicles are used to provide ballistic protection to officers and community members during rescue, critical incidents, and other hazardous situations.

These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and community members. These vehicles are 9 Packet Pg. 51
AB 481 Military Equipment Policy Ordinance Page 6 of 10 built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The Mobile Incident Command Vehicle (MEOC) is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio-visual devices to assist in command and control of a critical incident in addition to providing capabilities for crisis negotiations and police dispatching. This vehicle allows for mobile incident command and use of the incident command systems facilitating the best possible on-scene decision-making by key leaders. It also provides mobility, sheltering, logistical support, and power. It can be utilized as a temporary Emergency Operations Center. There is no known alternative for the MEOC which provides the same amount of mobility and support at one location in a quick deploying package.

Breaching apparatuses, slugs: Shotgun breaching shells are utilized fo r defeating locked, barricaded, or fortified locations allowing officers to conduct rescues or high risk forceable entries. This includes but is not limited to rescuing hostages or active shooter situations. In such situations time is of the essence and it would not be feasible to wait for other delayed access to the structure. Handheld battering rams as an alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such there is no reasonable alternative to these items when they are used and required.

Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers, when in compliance with the Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored, or both.

Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent community members. The .50 caliber single shot rifle is deployed in situations that exceed the capabilities of traditional sniper rifles such as structural glass, disabling vehicles, light rail trains, and buses.

There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flashbangs: Flashbangs are used as a distraction device in order to disorient or divert the suspect’s attention away from officers. This can allow officers to gain safer access to a high- risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and community members. These devices can often lead to a safer resolution and allow officers to take subjects into custody without additional force. There is no known alternative to a flashbang when it is necessary.

Tear gas: Tear gas is a less lethal use of force option used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers or the public. Tear gas allows peace officers to deploy a less lethal chemical 9 Packet Pg. 52
AB 481 Military Equipment Policy Ordinance Page 7 of 10 agent into a structure or vehicle. This can afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.

40mm projectile launchers: The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to confront a potentially armed or dangerous suspect from a greater distance and provides an alternative option to deadly force when reasonable. When necessary, there is no alternative to these less lethal weapon systems.

AB 481 requires law e nforcement to publicly release a written document governing the use of military equipment by a law enforcement agency. The policy must be approved by the City Council via Ordinance, with findings of the following:

• The military equipment is necessary becau se there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
• The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
• If purchasing the equipmen t, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and,
• Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Annually, the Police Department will prepare and present to the City C ouncil a report, and distribute it on the City’s website 30 days prior to the City Council meeting where the following items are reviewed:

• The quantity possessed for each type of military equipment as of the date of the annual report.
• Summary of how the m ilitary equipment was used and the purpose of its use.
• Summary of any concerns or complaints received involving the use of military equipment.
• The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. • Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other ongoing costs; and,
• Acquisition plans (including source of funds) for the coming year, type, and quantity.

9 Packet Pg. 53
AB 481 Military Equipment Policy Ordinance Page 8 of 10 The Police Department ’s draft General Order Policy 709 addresses each aspect required per AB 481 and includes an inventory of military equipment in our department’s possession effective January 1, 2022, items currently on order, to include an armored rescue vehicle that the department is scheduled to take possession of in the summer of 2022.

The Police Department distributed information on its website and social media (e.g.

Nextdoor, Twitter, Facebook, Instagram) about a community meeting occurring on Monday, April 11, 2022 beginning at 6 p.m. The following topics were included in the announcement:

• Purpose of the new legislation, AB 481
• Definition of military equipment
• CPD’s military equipment inventory
• CPD’s proposed equipment funding, acquisition, and use policy • Pending annual report requirement
• Community engagement and public access to materials

On March 10, 2022, the following content was uploaded on the Police Department ’s website:
• Full text of AB 481
• Campbell Police Department’s summary of AB 481
• AB 481 defined list of military equipment currently in the Campbell Police Department’s possession
• Draft Lexipol Policy 709

On April 5, 2022 - The Police Department distributed a reminder on our website and social media pl atforms about the community meeting. For those unable to attend the community meeting, the PowerPoint and a recording of the meeting will be placed on the website for review.

On April 11, 2022 – The Police Department held the public meeting where the aforementioned information was presented. Three community members were in attendance. The PowerPoint and recording of the meeting were uploaded on the Police Department’s website on April 12, 2022. The following questions, concerns or statement were raised by those in attendance.

• Community member stated he felt members of the community needed to educate themselves and not think of it as military equipment. The community member stated it is obviously needed (in reference to the equipment).
• Community memb er asked if any of the equipment had been funded by the Campbell Police Foundation.
• Community member inquired how equipment would be disposed of if the City Council did not approve.
9 Packet Pg. 54
AB 481 Military Equipment Policy Ordinance Page 9 of 10 • Community member inquired if the armored rescue vehicle would be leased out to other agencies.
• Community member asked if there would be extra wear and tear on the Mobile Emergency Operations Center by using it as a temporary Emergency Operations Center during Measure O construction. • Community member requested very careful atte ntion to draft Policy 705 (Armored Recue Vehicle) as it related to use of an armored rescue vehicle during crowd control incidents.

As of April 12, 2022 – The Police Department has not received any other questions, comments, or concerns from any of the so cial media platforms regarding AB 481 postings. The Police Department has not received any other questions , comments or concerns, by any other means, to include the community feedback link listed on the Police Department’s webpage.

At its meeting on Apr il 19, 2022, the City Council originally considered the Military Equipment Use Policy – Policy No. 709, and introduced Ordinance 2280.

The proposed ordinance (Attachment A) seeks to approve Campbell Police Department General Order (GO) 709, which includes the Police Department ’s Military Equipment Inventory, which constitutes the Police Department ’s Military Equipment Use Policy (Attachment B). GO 709 outlines each item identified in Government Code section 7070, that is currently owned by the city. GO 709 also includes the current use and cost of each item. These particular items, and their stated uses have been in place prior to the implementation of AB 481 , with the exception of the armored rescue vehicle which the Police Department is scheduled to take possession of in the summer of 2022.

Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.

Proposed GO 709 safeguards the public’s welfare, safety, civil rights, an d civil liberties.

It ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, GO 709 creates a military equipment coordinator to ensure the policy is adhered to in addition to conducting an annual audit of military equipment and subsequent report to Council. In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by the Police Department ’s training unit. In many cases, POST, vendor provided trainings, or cross -training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance community safety and officer safety. Loss of these items would jeopardize the welfare of community members and peace officers within the Police Department.

9 Packet Pg. 55
AB 481 Military Equipment Policy Ordinance Page 10 of 10 Without City Council approval, the Police Department ’s ability to respond to a critical incident and provide mutual aid when called upon, would be detrimental to the safety of the public, involved parties in the incident, and increase the City’s risk exposure.

FISCAL IMPACT

Nominal publication and codification costs relating to the final adoption of this ordinance will be absorbed within the current Fiscal Year Operating Budget for the City Cle rk’s Office.

Prepared by:

Dusty Christopherson, City Clerk

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Ordinance 2280 - AB 481 Military Equipment Ordinance b. CPD Policy 709 and Inventory
9 Packet Pg. 56
ORDINANCE NO. 2280

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, CALIFORNIA, ADDING CHAPTER 8.44 ENTITLED “AB 481 MILITARY EQUIPMENT” TO “THE MUNICIPAL CODE OF THE CITY OF CAMPBELL, CALIFORNIA” IN COMPLIANCE WITH ASSEMBLY BILL 481
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Campbell Police Departmen t is in possession o f certain item s of equipment that qualify as “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information mu st be approved b y the governing body by ordinance, and reviewed annually; and
WHEREAS, the City Council of the City of Campbell, having received the information required under AB 481 regarding the Campbell Police Department’s use of military equipment as defined in AB 481, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW THEREFORE , T HE CITY COUNCIL OF T HE CITY OF CAMPBELL DOES FURTHER ORDAIN AS FOLLOWS:

SECTION 1: That a new Chapter 8.44 (entitled “AB 481 Military Equipment”) is added to Title 8 (entitled “PUBLIC, PEACE, SAFETY AND MORALS”) of “The Municipal Code the City of Campbell, California” to read as follows:
“8.44.010 Military Equipment Policy.
(a) The City Co uncil hereby adopts the Military Equipment Use Policy (“Policy”) set forth in Campbell Police Department Policy 709 after having made the following determinations:
(1) The military equipment inventoried and presented in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

9.a
Packet Pg. 57
Attachment: Ordinance 2280 - AB 481 Military Equipment Ordinance (AB 481 Military Equipment Policy Ordinance) (2) The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety, if any;
(4) Prior military equipment use complied with the applicable equipment use policy, which included equipment now defined as military equipment, that was in effect at the time, or corrective action has been taken to remedy any nonconforming uses and ensure future compliance of prior uses that did not comply with the accompanying Policy.
(b) The Police Department has submitted a pro posed Policy to the City Council and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue. (c) The Policy was considered by the City Council as an agen da item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. (e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above.
(f) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance w ith Government Code Section 7071(e)(2).
(g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).”
SECTION 2: To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

SECTION 3: The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.

SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase

9.a
Packet Pg. 58
Attachment: Ordinance 2280 - AB 481 Military Equipment Ordinance (AB 481 Military Equipment Policy Ordinance) thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 5: In interpreting this Ordi nance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purpose.

SECTION 6: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be p osted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be publishe d within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in The Metro, a newspaper of general circulation published and circulated in the City of Campbell, Santa Clara County, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.

PASSED AND ADOPTED this _____ day of _____, 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

APPROVED:

__________________________
Paul Resnikoff, Mayor
ATTEST:

________________________________
Dusty Christopherson, City Clerk

9.a
Packet Pg. 59
Attachment: Ordinance 2280 - AB 481 Military Equipment Ordinance (AB 481 Military Equipment Policy Ordinance) Policy
709
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Campbell Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

9.b
Packet Pg. 60
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Campbell Police Department
Campbell PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Campbell Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
State
It is the policy of the Campbell Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Campbell Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment for the Department:

See Attachment: Campbell Police Department AB481 Military Equipment Inventory.pdf 709.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior

9.b
Packet Pg. 61
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Campbell Police Department
Campbell PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Campbell Police Department ***DRAFT*** Military Equipment - 3 to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
The Campbell Police Department works closely with local, county, state, and federal partners. In exigent circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members.

If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
709.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

9.b
Packet Pg. 62
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Campbell Police Department
Campbell PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Campbell Police Department ***DRAFT*** Military Equipment - 4 709.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

9.b
Packet Pg. 63
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Campbell Police Department AB481 Military Equipment Inventory

9.b
Packet Pg. 64
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Campbell Police Department AB481 Military Equipment Inventory 1. Robot (Category 1) a. Description, quantity, capabilities, and purchase cost: iRobot Packbot 510 transportable robot, cost: $0 (1033 program) Quantity: 1. This Packbot is a battery powered, remote operated device with rubber tracks. It is equipped with two cameras and small arm manipulator. This equipment is for use during high-risk incidents. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance. b. Purpose: To be used to remotely gain visual information, deliver CNT phone, open doors, disrupt packages, and clear buildings, or for any other approved law enforcement purpose. c. Authorized Use: Only personnel who have completed the required department training shall be permitted to operate the robot. Use is established by the Incident Commander or SWAT Commander. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 322 – Search and Seizure, CPD Policy 408 – Crisis Response Unit, CPD Policy 414 – Hostage and Barricade Incidents. d. Expected Lifespan: 15 years e. Fiscal Impact: Annual maintenance cost $0-$500 2. Unmanned Aerial Vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost: Unmanned Aerial Systems (UAS) are battery powered, remote operated unmanned aerial devices and the equipment used to control it. Remote controls allow operators to control the UAS and view live feed from UAS-mounted cameras. The UASs have proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel. 1. DJI MAVIC Air 2 cost: $1200 each, quantity: 2. UAS that weighs approximately 1.2 pounds and is able to record video with approximately 30 minutes of flight time. 2. Autel EVO II Dual (US Model), cost: $9800 each, quantity: 2 UAS that weighs approximately 2.5 pounds has a color and thermal camera and is able to record video with approximately 40 minutes of flight time. 3. Skydio, Skydio2 cost: $2800 (1 Purchased and 1 Received for $0 through Skydio EAP Program) quantity: 2. UAS that weighs approximately 1.7 pounds and is able to record video with approximately 25 minutes of flight time. 4. SkyHero Loki 2 cost: $11,000 a set, quantity: 1 set. UAS that weighs approx. .5 pounds, 20 min flight time and a single color/IR

9.b
Packet Pg. 65
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) camera with no recording capabilities. (Currently in the process of purchasing two additional Loki 2s for $2,400 each to provide additional search capabilities) 5. DJI Phantom 4 Pro cost: $0 (Donated by Campbell Police Foundation), quantity: 1 UAS that weighs approximately 3 pounds and is able to record video with approximately 25 minutes of flight time. 6. DJI Matrise RTK300 cost: $0 (Applied for Office of Traffic Safety Grant in the amount of $31,355 for the RTK300 on January 27, 2022), quantity: 0 UAS that weights approximately 7.9 pounds and has a color and thermal camera is able to record video with approximately 55 minutes of flight time. b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: 1. Major collision investigations and crime scenes. 2. Search for missing persons and rescue events. 3. Natural disaster management. 4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation. 5. SWAT, tactical or other public safety, fire services and life preservation missions. c. Authorized Use: Only assigned personnel who have completed the required department training shall be permitted to operate any UAS during approved missions. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 322 – Search and Seizure, CPD Policy 614 – Unmanned Aerial System (UAS) Operations. d. Expected Lifespan: 3-5 years e. Fiscal Impact: Annual maintenance and battery replacement cost: $5,000 3. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2 & 3) a. Description, quantity, capabilities, and purchase cost: Lenco Armored Rescue Vehicle (ARV), cost: $303,750 fully financed as currently approved, quantity:0 (Expected delivery July 2022). The ARV is based on a Ford F-550 Super Duty commercial truck chassis and Ford Triton engine. The vehicle has armored steel bodywork and ballistic glass. The ARV is designed to provide ballistic protection during tactical events and is designed to withstand multiple high-powered bullet strikes from small arms fire as well as low level explosions. The ARV is equipped with emergency lights/siren, spotlights, a hydraulic breaching apparatus and a public address system. b. Purpose: The rescue vehicle would potentially be used in situations to facilitate rescue operations, conduct evacuations, provide emergency medical aid in dangerous environments, during rapidly evolving critical incidents having a potential of injury or death, and for high-risk pre-planned events. The vehicle’s ballistic protection would also provide an environment and opportunity for our officers to de-escalate

9.b
Packet Pg. 66
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) incidents with potentially armed suspects, or for other approved law enforcement purposes. c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander, incident commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 705 – Armored Rescue Vehicle (ARV), CPD Policy 706 – Vehicle Use. d. Expected Lifespan: 25 years e. Fiscal Impact: Annual maintenance cost of approximately $2,500. 4. Command and Control Vehicles (Category 5) a. Description, quantity, capabilities, and purchase cost: LDV Model S36MCC-345643800, cost: $0 ($550,000 cost was fully funded by State Grant), quantity: 1. The Mobile Emergency Operations Center (MEOC) vehicle is a two-axel bus style vehicle with a front door and a side door. It is painted black with police graphics affixed to the sides of the vehicle. The vehicle is capable of being used as a mobile command center, a temporary Emergency Operations Center, for crisis negotiations and as a dispatch center. The vehicle is also capable of transporting personnel and equipment. The vehicle can be separated into three separate work areas by partitions to serve multiple functions simultaneously. b. Purpose: To be utilized for critical incident callouts, as a temporary Emergency Operations Center, or as a backup dispatch center, or for other approved law enforcement purposes. Authorized Use: The MEOC can be used by staff who have been properly trained in the safe handling of the vehicle. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 706 – Vehicle Use. c. Expected Lifespan: 25 years d. Fiscal Impact: Annual maintenance cost of approximately $2,500 5. Breaching Apparatus: Slugs (Category 7) a. Description, quantity, capabilities, and purchase cost: Shotgun breaching rounds are specialty shotgun shells utilized for door breaching used to gain rapid access to a room or structure when an emergent law enforcement need exists. The materials used are designed to dissipate after striking the lock throw or hinge in order to minimize entry into the target space for the safety of occupants and operators. 1. Royal Arms Tesar-1, cost: $35, quantity: 7. The Royal Arms Tesar-1 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door or hinges, allowing entry

9.b
Packet Pg. 67
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) into the room or structure. Designed to breach solid and hollow wood doors, locks, and hinges. 2. Royal Arms Tesar-2, cost: $5, quantity: 0 (Currently being ordered). The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door or hinges, allowing entry into the room or structure. Designed to breach metal doors, locks and hinges. 3. Royal Arms Tesar-3, cost: $190, quantity: 38. The Royal Arms Tesar-3 rounds contain clay and steel dust and are fired through a specialized breaching shotgun barrel. The projectile is designed to strike and destroy the lock throw inside of the door or hinges, allowing entry into the room or structure. Designed to breach hollow core doors and light steel doors, locks and hinges. b. Purpose: To safely and rapidly gain entry into a structure. c. Authorized Use: Shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises by SWAT Team members who have completed a POST approved 80-hour SWAT school. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 322 – Search and Seizure, CPD Policy 408 Crisis Response Unit. d. Expected Lifespan: Until expended e. Fiscal Impact: Estimated between $0 and $1,500 annually 6. Firearms and Ammunition of .50 caliber or greater (Category 8 & 9) a. Description, quantity, capabilities, and purchase cost: 1. Armalite Model AR-50, cost: $3,500, quantity: 1. A single-shot, bolt-action rifle featuring a unique octagonal receiver bedded down into a V-shaped stock chambered in .50 BMG. The .50 BMG cartridge is used as a Lethal option designed to stop a violent encounter in unique circumstances that exceed the capabilities of traditional police sniper rifles. The AR-50 provides specialized ammunition: Anti-ricochet/ frangible rounds can be used when there is a concern of overpenetration and the safety of the public and/or team members. A-MAX are accurate from greater distances and are effective in penetrating thick glass. The AR-50 does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. 2. The Hornady .50 BMG., 750 grain, A-Max Match cartridge is ammunition deployed during potential lethal encounters at distances longer than those where traditional police sniper rifles are effective or in situations with reinforced or structural glass. Cost: $1,700, quantity: 190. 3. The EBR .50 BMG., 700 grain, Frangible Wide Taper Point cartridge is ammunition is designed to break apart and expand on contact with hard surfaces, significantly reducing the chance ricochet or over-penetration. The Wide Taper Point (WTP) projectile is ideal for sniper teams operating in urban environments, training or individuals shooting on limited distance ranges due to its anti-ricochet properties. Cost: $8.49, quantity: 0 (200 Rounds currently being ordered estimate $2,000).

9.b
Packet Pg. 68
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance)

4. The HSM .50 BMG., 647 grain, ball cartridge is ammunition used during training. The ammunition would not be used during operations. Cost: $2,320, quantity: 580. b. Purpose: To be utilized for critical incidents that exceed the capabilities of traditional police sniper rifles to include disabling vehicles, penetrating hardened materials such as brick or concrete, penetrating reinforced glass to include structural glass or where distances to the target exceeds the capabilities of traditional police sniper rifles. To mitigate IEDs when no other option in available. c. Authorized Use: Only members of the sniper team who have attended a certified sniper course and received training specific to the use of a .50 caliber rifle and only when authorized by an Incident Commander or the SWAT Team Commander or during authorized training. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 300 – Use of Force, CPD Policy 408 – Crisis Response Unit. d. Expected Lifespan: Rifle - No expiration Ammunition – Until expended e. Fiscal Impact: Estimated between $0 and $2,500 annually 9. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost 1. Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt AR-15/M4 (Barrel lengths varying from 10.3 to 16 inches), cost: $51,700, quantity: 47 The Speer .223 Remington, 62 grain, GDSP cartridge is the primary duty ammunition deployed during potential lethal encounters. Cost: $15,950, quantity: 28,000 (Currently in process of ordering 10,000 rounds, Cost $6,535.45, estimated delivery of over one year) 2. The Federal .223 / 5.56 Remington, 55 grain cartridge is the primary training ammunition for the Department. Cost: $22,493, quantity: 68,500 (Currently in process of ordering 37,000 rounds, Cost $16,160.19, estimated delivery of over one year) 3. The Sniper element of the Campbell Police Department SWAT team deploys with bolt action precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle will need to be serviced or replaced when the Rifle fails or breaks. The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Spartan Precision Rifle custom 700 style cost: $38,192, quantity: 4 4. The Hornady .308 WIN., 155 grain, ELD Match Tap Precision cartridge is ammunition deployed during potential lethal encounters at longer distances. The 155 grain projectile maintains accuracy, while resulting in higher impact

9.b
Packet Pg. 69
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) velocities, less drop, less wind drift, and more energy on target. Cost: $5,500, quantity: 5,600. 5. The Hornady .308 WIN., 165 grain, Tap Barrier cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The projectile is capable of penetrating heavy barriers such as laminated glass with exceptional weight retention and less risk of bullet deflection. Cost: $600 quantity 400 b. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use: Only members that are POST certified are authorized to use a rifle. Only snipers who have completed a certified Sniper course are authorized to use a sniper rifle. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 300 – Use of Force, CPD Policy 312 – Firearms, CPD Policy 408 – Crisis Response Unit. d. Expected Lifespan: Carbine Rifle – 15 years Sniper Rifles – 15 years Ammunition – until expended e. Fiscal Impact: Carbine Rifle – Annual cost $0 - $29,700 (Replacement of 27 rifles) Speer 62 grain GDSP – Annual cost $0 -$15,000 Federal .223 .556 Remington, 55 grain – Annual cost between $0 -$25,000 Sniper Rifle – Annual cost between $0 - $38,192 (Replacement of all rifles) Hornady .308 WIN., 155 grain – Annual cost between $0 - $9,700 Hornady .308 WIN., 165 grain – Annual cost between $0 - $2,000 10. Noise Flash Diversionary Devices (Category 12) a. Description, quantity, capabilities, and purchase cost: Noise Flash Diversionary Devices (NFDD) is a non-fragmenting device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. 1. NFDD 7290M emits a loud “bang” and a flash of light, cost:$4,345.97, quantity: 119. 2. NFDD 7290-9 emits nine loud “bangs” and a flash of light approximately 0.5 seconds apart, cost $1,830, quantity 12 (currently on order). b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have completed a POST approved 80-hour SWAT school and who been trained in their proper use in the following circumstances: 1. In hostage and barricaded subject situations.

9.b
Packet Pg. 70
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance)

2. In high- risk warrant (search/arrest) services where there may be extreme hazards to officers. 3. During other high-risk situations where their use would enhance officer safety or during training. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 300 – Use of Force, CPD Policy 408 – Crisis Response Unit. d. Expected Lifespan: NFDD 7290M – 5 years NFDD 7290-9 - 5 years e. Fiscal Impact: NFDD 7290M – Annual cost between $0 - $4,760 NFDD 7290-9 - $0-$1,830 11. Tear Gas (Category 12) a. Description, quantity, capabilities, and purchase cost: Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Campbell Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Campbell Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes and respiratory inflammation. 1. Defense Technology Spede-Heat CS #1072- Pyrotechnic grenade designed for outdoor use in crowd control situations. With a high volume continuous burn, smoke and agent are discharged through four gas ports on the tip of the canister, three on the side and one on the bottom. Cost $142, Quantity: 5 2. Defense Technology Flameless Tri Chamber CS #1032- Pyrotechnic grenade designed for indoor use. This grenade’s pyrotechnic contents are burned within an internal can that allows the chemical-laden smoke to release through three ports while safely containing any of the fire producing properties within the two internal canisters. Cost $540, Quantity: 15 3. Combined Tactical Systems 5230B CS - Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal fire risk. This device can be launched when utilizing launching cup with 12 gauge launching cartridge. Cost $360, Quantity: 10 4. Defense Technology Aerosol Grenade Fogger OC 1.3% #56854- 6oz. OC Aerosol Grenade will deliver its payload of 1.3 % OC in 20-25 seconds. 5. This is an anatomized mist which enhances the pungent 1.3% OC formulation. It is a non-pyrotechnic, is not a fire hazard and requires minimal decontamination. Cost $215, Quantity 5 6. Defense Technology OC Vapor Aerosol Grenade #1056- Delivers a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucus membranes and exposed skin. The incapacitating effect of the OC vapor on the subject is dramatic with minimal decontamination needed.

9.b
Packet Pg. 71
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. Cost $215, Quantity 5 7. Defense Technology Ferret 40mm Liquid barricade Penetrator CS #2262- The Ferret 40mm round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in a barricade situation from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance of 50 meters and accuracy for safety. The Ferret 40mm round is non-burning and suitable for indoor use. Cost $735, Quantity 34 8. Defense Technology 40mm Direct Impact CS Powder #6322- The 40 mm Direct Impact CS munition is a point-of-aim, point-of-impact direct-fire round. Can be used to incapacitate a single subject or crowd control. The CS powder combines blunt trauma with the effects of an irritant powder. The lightweight, high-speed projectile consists of a plastic body and a crushable foam nose. Effective range of 5 feet – 120 feet. Cost $950, Quantity 50 9. Combined Tactical Systems LC5 40mm Launching Cup- Cups that attach to 12 gauge less lethal shotgun which allows officers to launch canisters of chemical agents or smoke. The LC5 40mm launching cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition launched with our Defense Technology Muzzle Bangs/Launching Cartridge #1210. Cost $550, Quantity 2 10. Defense Technology Muzzle Bangs/Launching Cartridge #1210- This cartridge incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a muzzle bang for crowd management or for propelling grenades when using the CTS LC5 Launching Cup. Cost $313 Quantity 50 b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: 1. Self-destructive, dangerous and/or combative individuals. 2. Riot/crowd control and civil unrest incidents 3. Circumstances where a tactical advantage can be obtained. 4. Potentially vicious animals. 5. Training exercises or approved demonstrations. c. Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use or supervise the use of chemical agents. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 300 – Use of Force, CPD Police 308 – Control Devices and Techniques, CPD Policy 408 – Crisis Response Unit, CPD Policy 414 – Hostage and Barricade Incidents. d. Expected Lifespan: 5 years e. Fiscal Impact: #1072 – estimated between $0 and $140 annually #1032 – estimated between $0 and $540 annually #5230B – estimated between $0 and $360 annually #56854 – estimated between $0 and $215 annually #1056 – estimated between $0 and $215 annually #2262 – estimated between $0 and $735 annually #6322 – estimated between $0 and $950 annually

9.b
Packet Pg. 72
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance) LC5 launching cup $0 (no expiration) #1210 – estimated between $0 and $313 annually 13. Projectile Launch platforms and associated munitions (Category 14) a. Description, quantity, capabilities, and purchase cost: The 40MM less-Lethal launcher is a single shot launcher, which allows the Officer to assess after every spent munition. The Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. 1. Defense Technology 40mm Single Shot Launcher. #1325- The 40mm Single Launcher is a tactical single-shot launcher that features a fixed butt stock and a forend grip. Cost $3000, Quantity 3 2. Defense Technology 40mm Single Shot Launcher #1327- The 40mm Single Launcher is a tactical single-shot launcher that features a folding stock, 12” Picatinny rails (top and bottom) with front and rear pop-up adjustable sights, and a forend grip. Cost $2000, Quantity 2 3. The Defense Technology Exact Impact Sponge #6325 munition is a less lethal 40mm lightweight plastic body and foam nose projectile. The 30 gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from target. Cost: $1,900, quantity: 100 b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use: By officers who have completed department training. Situations for use of the less lethal weapon systems may include, but are not limited to: 1. Self-destructive, dangerous and/or combative individuals. 2. Riot/crowd control and civil unrest incidents. 3. Circumstances where a tactical advantage can be obtained. 4. Potentially vicious animals. 5. Training exercises or approved demonstrations. All other applicable CPD policies remain in effect, to include, but not limited to, CPD Policy 300 – Use of Force. d. Expected Lifespan: 40mm Launchers: No expiration 40mm Sponge Round: 5 years e. Fiscal Impact: 40mm Launcher: estimated between $0 and $5,000 annually 40mm Sponge Round: estimated between $0 and $1,900 annually

9.b
Packet Pg. 73
Attachment: CPD Policy 709 and Inventory (AB 481 Military Equipment Policy Ordinance)

City
Council
Report

TITLE: Approve Enterprise Access Agreement with Environmental Systems Research Institute, Inc. (ESRI) for the Use of Geographic Information Systems (GIS) Technology (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to execute an Enterprise Access Agreement with Environmental Systems Research Institute, Inc. (ESRI), for the licensing and use of ESRI’s Geographic Information Systems (GIS) products in an amount not to exceed $88,500; and, authorize the City Manager to execute any future amendments to the contract and to dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).

BACKGROUND

Environmental System Research Institute (ESRI) technology is the industry standard for mapping and geographic information systems (GIS) related solutions. The City regularly consumes ESRI GIS data from Santa Clara County and other so urces and provides mapping data to the County and other government entities. In addition, the City is required to maintain GIS licenses to access mapping features on public safety, planning, building, and code enforcement systems. All City departments heav ily depend on GIS data to determine geographic, political, and public infrastructure boundaries and location information.

ESRI is moving to an internet cloud -inspired Software -as-a-Service (SaaS) pricing model that provides software and licenses as an ann ual renewable service. The City maintains similar agreements with vendors such as Microsoft, Adobe Inc., and My Government Online. The new ESRI Enterprise Agreement provides the software and licenses to Campbell at a significantly reduced cost over past in dividual licensing models. In addition, it allows the City to expand its use of mapping technology substantially without incurring additional incremental charges while maintaining proper licensing compliance.

DISCUSSION

ESRI is a GIS software and technol ogy vendor and has become the accepted format for GIS and mapping information. Campbell residents use ESRI products to access Campbell GIS portal sites. The portal sites provide detailed Campbell map data related Item: 10
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
10 Packet Pg. 74
Purchase of ESRI Geographic Software and Licenses Page 2 of 3 to schools, shopping centers, parks, and va rious building structures. It is also an accurate source for building addressing, jurisdictional limits, streets [freeway, expressway, streets, etc.], natural and manmade features such as lakes, streams, and storm drains. GIS data includes aerial maps, str eet centerlines, and various political boundaries by jurisdiction.

ESRI products are also used daily by the Campbell Police Department. The Police Department utilizes mapping systems to help locate 911 callers using a Computer Aided Dispatch (CAD) system. Police Officers also use ESRI products to help optimize travel times to caller locations. In addition, the Community Development Department uses ESRI mapping products to provide publicly accessible permit information. ESRI products allow the public to acc ess active and inactive permits, open and closed building permits, and public works projects.

Because ESRI technology is the industry standard for mapping and geographic information systems (GIS) related solutions and the City regularly consumes ESRI GIS data from Santa Clara County and other sources and provides mapping data to the County and other government entities. The City is required to maintain GIS licenses to access mapping features on public safety, planning, building, and code enforcement systems. ESRI is considered a sole -source product for the City of Campbell.

Purchasing procedures outlined in Campbell’s Municipal Code, Section 3.20.050, allow for the bidding procedures to be dispensed with when the supplies, services, or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor.

FISCAL IMPACT
ESRI has transitioned from an individual product purchase model to offering its products and services as a bundled product. The SaaS annual price is determined by the size and population of the jurisdiction. Campbell's product bundle is the Small Municipal and County Government Enterprise Agreement (SGEA) and is priced for jurisdictions with populations between 25,501 -50,000. This agreement provides em ployees access to over 30 ESRI products and support services; most products have uncapped quantities, while others have limited licensing. The duration of the proposed contract is three years.

ESRI (SGEA) ANNUAL COSTS
Year One $20,500 FY 2022 Mid-Year Adjustment
Year Two $29,500 FY 2023 Proposed Budget
Year Three $38,500 FY 2024 Proposed Budget
Total $88,500
10 Packet Pg. 75
Purchase of ESRI Geographic Software and Licenses Page 3 of 3 Prepared by:

Cecil Lawson, IT Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. ESRI Resolutions
b. ESRI Proposal Cover Letter
c. ESRI Sole Source Letter for City of Campbell
d. ESRI Quotation City of Campbell 2-22-22
10 Packet Pg. 76
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE CITY MANAGER TO EXECUTE AN ENTERPRISE ACCESS AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR THE USE

OF GEOGRAPHIC INFORMATION SYSTEMS (GIS) PRODUCTS, IN AN AMOUNT NOT TO EXCEED $88,500; AND AUTHORIZE THE CITY MANAGER TO EXECUTE

ANY FUTURE AMENDMENTS TO TH E CONTRACT AND TO DISPENSE WITH

BIDDING REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.030(7)
WHEREAS Environmental System Research Institute (ESRI) technology is the industry standard for mapping and GIS-related solutions; and WHEREAS, ESRI software is already used by the Community Development Department, Campbell Police Department, City Manager’s Office and by Campbell residents; and
WHEREAS, the City is required to maintain GIS licenses to access mapping features on public safety, planning, building, and code enforcement systems; and WHEREAS, entering into a three-year contract with ESRI, Inc., for the use of ESRI products and services is the most cost-effective option to reach license compliance for the City; and
WHEREAS, the first year of the contract has a total cost of $ 20,500, the second year a total cost of $29,500, and the third year at total cost of $38,500; and WHEREAS, the purchasing procedures outlined in Campbell Municipal Code Section 3.20.030(7) state that bid ding requirements may be dispensed with when “the supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor”; and
WHEREAS, Environmental Systems Research Institute, Inc. is the only vendor of software and services required by the City.

10.a
Packet Pg. 77
Attachment: ESRI Resolutions (Purchase of ESRI Geographic Software and Licenses)

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell does hereby authorize the City Manager to execute an Enterprise Access Agreement with Environmental Systems Research Institute, Inc. (ESRI), for the licensing and use of ESRI’s Geographic Information Systems (GIS) products in an amount not to exceed $88,500; and, authorize th e City Manager to execute any future amendments to the contract and to dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).

PASSED AND ADOPTED this _____ day of________, 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

__________________________
Paul Resnikoff, Mayor
ATTEST:
____________________________
Dusty Christopherson, City Clerk

10.a
Packet Pg. 78
Attachment: ESRI Resolutions (Purchase of ESRI Geographic Software and Licenses)

380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA [email protected]

February 22, 2022

Mr. Cecil Lawson
City of Campbell
70 N 1st St
Campbell, CA 95008-1458

Dear Cecil,

The Esri Small Municipal and County Government Enterprise Agreement ( SGEA) is a three‐year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three‐year commitment.

Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA).

An EA will provide your organization with numerous benefits including:

▪ A lower cost per unit for licensed software
▪ Substantially reduced administrative and procurement expenses ▪ Complete flexibility to deploy software products when and where needed

The following business terms and conditions will apply:

▪ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.

▪ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.

▪ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.

▪ The organization will establish a Tier 1 support center to field calls from internal users of Esri software.

The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.

▪ The organization will provide an annual report of installed Esri software to Esri.

▪ Esri software and updates that the organization is licensed to use will be automatically available for downloading.

▪ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions.

10.b
Packet Pg. 79
Attachment: ESRI Proposal Cover Letter (Purchase of ESRI Geographic Software and Licenses) Small Government Enterprise Agreement

▪ Licenses are valid for the term of the EA.

This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.

To expedite your acceptance of this EA offer:

1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order:

"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI

SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."

Have it signed by an authorized representative of the organization.

2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address.

3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.

4. Send the purchase order and agreement to the address, email or fax noted below:

Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: [email protected]
fax documents to: 909-307-3083

I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.

Thank you very much for your consideration.

Best Regards,
Jesse Gonzalez

10.b
Packet Pg. 80
Attachment: ESRI Proposal Cover Letter (Purchase of ESRI Geographic Software and Licenses)

SOLE SOURCE LETTER - NONFEDERAL
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373

J-8933

Page 1 of 1 ends

DATE: February 22, 2022

TO: City of Campbell

FROM: Jackie Ricks, Esri Contract Coordinator/Contracts & Legal Department

RE: Esri Sole Source Justification for Geographic Information System Software

This letter confirms that Esri is the sole-source provider of Esri products and related maintenance services in the U.S. commercial, state, and local government marketplace, subject to the disclosures set forth below.

Esri has authorized certain resellers to resell sole source products, including Esri enterprise agreements, to state agencies of the State of California only under the California Software License Program (SLP). Esri distributes Esri software licenses and maintenance in combination with non-Esri hardware, software or services through open-market value-added resellers, system integrators and OEMs. Esri also distributes Esri software licenses, subscriptions, and subscription renewals separately or in combination with non-Esri software or services through resellers to customers that provide architectural, engineering, and construction services. On request, Esri will provide open-market quotes for Esri products and maintenance to pass-through customer-designated resellers.

If you have further questions, please contact me at [email protected].

10.c
Packet Pg. 81
Attachment: ESRI Sole Source Letter for City of Campbell (Purchase of ESRI Geographic Software and Licenses) Quotation # Q-456857

Date: December 9, 2021
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 18251 Contract #

City of Campbell
Public Works Dept
70 N 1st St
Campbell, CA 95008-1458

To expedite your order, please attach a copy of ATTENTION: Cecil Lawson this quotation to your purchase order. PHONE: (408) 866-2753 Quote is valid from: 12/9/2021 To: 3/9/2022 EMAIL: [email protected]

Material Qty Term Unit Price Total
168178 1 Year 1 $20,500.00 $20,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 2 $29,500.00 $29,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 3 $38,500.00 $38,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Subtotal: $88,500.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $88,500.00

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Jesse Gonzalez
Email:
[email protected]
Phone:
(909) 793-2853 x1106
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

GONZALEZJ This offer is limited to the terms and conditions incorporated and attached herein.

10.d
Packet Pg. 82
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses) Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager

Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
100 ArcGIS Online Viewers
100 ArcGIS Online Creators
17,500 ArcGIS Online Service Credits
100 ArcGIS Enterprise Creators
3 ArcGIS Insights in ArcGIS Enterprise
3 ArcGIS Insights in ArcGIS Online
10 ArcGIS Tracker for ArcGIS Enterprise
10 ArcGIS Tracker for ArcGIS Online
3 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 3 ArcGIS Utility Network User Type Extensions (Enterprise) 3 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

10.d
Packet Pg. 83
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

10.d
Packet Pg. 84
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

10.d
Packet Pg. 85
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

10.d
Packet Pg. 86
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

10.d
Packet Pg. 87
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

10.d
Packet Pg. 88
Attachment: ESRI Quotation City of Campbell 2-22-22 (Purchase of ESRI Geographic Software and Licenses)

City
Council
Report

TITLE: Extension of Public WiFi at Campbell Community Center (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to execute a contract with Dasher Technologies, in an amount not to exceed $80,729 to purchase and install the public Wifi technology at the Campbell Community Center; and, authorize the City Manager to execute any future amendments to the con tract and dispense with the standard bidding requirements as specified in Campbell Municipal Code Section 3.20.030(6).

BACKGROUND

The City last replaced its computer network equipment in March 2018 which included replacing the existing Wifi equipment. T he project scope of the last Wifi replacement project included Campbell City Hall, Corporation Service Yard, and the Campbell Community Center administrative buildings. This original project did not include Wifi in areas of the Community Center campus that are heavily used by Campbell residents, such as the Heritage Theatre, rental facilities, and common gathering places.

DISCUSSION

Staff is proposing entering into a consultant services agreement with Dasher Technologies, to install similar Hewlett Packa rd/Aruba wireless equipment to extend the current wireless network to the following Community Center buildings and locations:

• Heritage Theatre, Building Wing R
• Orchard City Banquet Hall, Building Wing F
• Mary Campbell Room, Roosevelt Redwood Room, Building Wing Q • Fitness Center, Auxiliary Gym, Pool, Building Wing N
• Building Wings D, E, M

The proposed contract includes all equipment, wiring, software licensing, and installation services.

Item: 11
Category: CONSENT CALENDAR
Meeting Date: May 3, 2022
11 Packet Pg. 89
Extension of Public WiFi at Campbell Community Center Page 2 of 2 Standard p urchasing procedures outlined in the City’s Municipal Code , Section

3.20.050, state that equipment purchases shall be made according to specified bidding procedures. However, per Municipal Code Section 3.20.030(6), the bidding procedures of Section 3.20.050 may be dispensed with, if the city elects to purchase supplies, materials, or equipment directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the County of Santa Clara or any other California county or municipality.

Such purchases are permitted if the vendor agrees to provide the same low bid price to the city as provided to the original awarding agency.

Dasher Technologies has provided a quote to the City using the pre-negotiated pricing schedules provided to t he Nat ional Association of State Procurement Officials (NASPO), guaranteeing the lowest pricing available for these network products.

FISCAL IMPACT

One time implementation and equipment costs are $80,729 and were included as part of the F iscal Year 2022 Mid -Year Budget Update approved by City Council on February 1, 2022.

Prepared by:

Cecil Lawson, IT Manager

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Dasher Wifi Resolutions
b. Consultant Services Agreement Dasher Technologies
11 Packet Pg. 90
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE CITY MANAGER TO EXECUTE A CONTRACT WITH DASHER TECHNOLOGIES,

TO PURCHASE AND INSTALL THE PUBLIC WIFI TECHNOLOGY AT THE CAMPBELL COMMUNITY CENTER IN AN AMOUNT NOT TO EXCEED $80,729; AND

AUTHORIZE THE CITY MANAGER TO EXECUTE ANY FUTURE AMENDMENTS TO

THE CONTRACT AND DISPENSE WITH THE STANDARD BIDDING REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.030(6) WHEREAS, the products and services provided by Dasher Technologies are compatible with the existing systems installed in 2018 and deployed at City Hall, the Corporation Service Yard; and the Community Center administrative buildings; and WHEREAS, extending the coverage of Wifi services is consistent with the desire for the city to leverage technology as a tool to bridge communication between the City and the public and enhance operational efficiency; and
WHEREAS, a contract with Dasher Technologies will extend Wifi coverage to the most heavily used areas of the Community Center , including the Heritage Theatre , Orchard City Banquet Hall, Mary Campbell Room, Roosevelt Redwood Room, the Fitness Center, Auxiliary Gym, Pool, and Building Wings D, E, and M; and WHEREAS, a contract with Dasher Technologies for products and services is the most cost-effective option because of their prior experience with exiting city networks and includes all equipment , installation , and wiring costs for a total contract amount of $80,729.86; and
WHEREAS, per Municipal Code Section 3.20.030(6), if the city elects to purchase supplies, materials, or equipment directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the County of Santa Clara or any other California county or municipality, such purchases are permitted if the vendor agrees to provide the same low bid price to the city as provided to the original awarding agency.

WHEREAS, Dasher Technologies has provided a quote to the City using the pre- negotiated pricing schedules provided to the National Association of State Procurement Officials (NASPO) , guaranteeing the lowest pricing available for these n etwork products.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City Manager is hereby authorized to execute a contract with Dasher Technologies, in an amount not to exceed $80,729 to purchase and install the public Wi fi technology at the Campbell Community Center; and authorize the City Manager to execute any future amendments to the contract and dispense with the standard bidding requirements as specified in Campbell Municipal Code Section 3.20.030(6).

11.a
Packet Pg. 91
Attachment: Dasher Wifi Resolutions (Extension of Public WiFi at Campbell Community Center) PASSED AND ADO PTED this _____ day of________, 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

__________________________
Paul Resnikoff, Mayor
ATTEST:

____________________________
Dusty Christopherson, City Clerk

11.a
Packet Pg. 92
Attachment: Dasher Wifi Resolutions (Extension of Public WiFi at Campbell Community Center) -1-

C ITY OF CAMPBELL
CO

NSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of ______________, 2022, by and between the CITY OF CAMPBELL (herein after referred to as "City" ) and DASHER TECHNOLOGIES, A CONVERGE COMPANY (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain equipm ent and services from Consultant for the purpose of reviewing subdivision maps , and Consultant shall be assigned as City Surveyor for said maps, as further set forth in Exhibit A-Scope of Services (the “Project”); and WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said services and City Surveyor assignment;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUT

IES OF CONSULTANT

1.1 Consult ant agrees to perform services and provide the equipment a s set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by r eference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreeme nt shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available existing information concerning the P roject, and shall review documents as necessary for compliance with the Project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Consultant agrees to perform this Ag reement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.

11.b
Packet Pg. 93
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -2-

1.7 Consultant shall cooperate in good faith with City in all aspects of th e performance of this Agreement.

1.8 In the course of the pe rformance of this Agreement, Consultant shall act in the City’s best interest as it relates to the Project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consultant shall be ANGELA ARMSTRONG The Consultant’s project manager shall have all the necessary authority to direct t echnical and professional work within the scope of the Agreem ent and shall serve as the principal point of contact with the City and t he City’s project coordina tor. The authorized principal of Consultant executing this Agreement for the Consultant shall ha ve authority to make decisions regarding changes in services, termination and other matters related to the performance of this A greement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as office rs or officials or employees or agents of the C ity. The City s hall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work pe rformed by Consultant meet specific stan dards consistent with the requirements of this Agr eement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contract or hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equ ipped and organized to perform the work and services in a competent, timely an d proper manner in accordanc e with the requirements of this Agreement. Consultant agrees to comply with AB5, codif ied at Labor Code section 2750.3, and shall ind emnify, defend and hold ha rmless the City, its officers, officials, directors, agents representatives, volunteers, and emp loyees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an em ployee, agent or others under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or neces sary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shal l be established b y a written contract amendment (approved and execu ted by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furn ish to Consultant all available and pertinent data and information requested by Consultant to fa cilitate the prep aration of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such

11.b
Packet Pg. 94
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -3-
information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City pr ompt written notice of any known or discovered defects in such data and information.

2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized t o act in its behalf.

2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the equipme nt and full performance o f the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the Project in an amount not to exceed $80,729.86 , as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoi ce for any equipment and/or services performed during the previous billing period. The invoice shall describe the equipment and/or services ren dered and the title o f the item of work, and shall list labor hours by personnel classification. Sa id invoice shall be based on all labor and direct expense charges made for work performed or equipment provided on the Project. Labor charges shall be in accordance with the f ee schedule found in Exhibit A of this Agreement. City shall pay Consultant for equipment and services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.
b. Direct costs are those outside costs i ncurred on or directly for the Project, and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agr eement, but which are nec essary for performance of Consultant’s duties, Cit y may approve payment for said costs if authorized in writing by the City in advance.

11.b
Packet Pg. 95
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -4-

3.3 City may order chang es in the scope or character of the services or equipment in writing, including decreas ing the amount of Consult ant’s services. In the event that the work is decreased, Co nsultant is entitled to full compensation for all services perf ormed and expe nses incurred pri or to re ceipt of notice of change. Under no conditions shall Consultant make a ny changes to the work, either as additions or deductions, without the prior written order of the City.

In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/o r actual costs reimbursable by the City for the Project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless a uthorized by written cont ract amendment or change order, approved and execu ted by t he City. Consultant shall obtain prior written approval for a r evised fee schedule from the Cit y before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

3.4 In no event, will the Consultant be reimbursed for any cos ts or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all oblig ations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultant shall be responsible to City for the perfor mance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of C ampbell, its officers, officials, directors, agents representatives, volunteer s, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will b e notified and wi ll be ex pected to immediately cancel the subcontract.

11.b
Packet Pg. 96
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -5-

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“Project-related documents and materials”) shall be the property of the City and may be used on this Project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any Project-related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished Project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any othe r provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 30 calendar days prior to an effective termination date. In the event of such termina tion, Consultant shall have the right and obligation to immediately as semble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed t o the point of term ination in accor dance with the payment provisions set forth in Section 3.1, unless the termination is for c ause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City , the Consultant will immediately act t o not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement wi ll be come property of the City upon the t ermination date. In the eve nt of Consultant’s failure to perform pursu ant to the Agreement, the City reserves the right to obtain services or equipment elsewhere and Consu ltant will be liable for the difference between the prices set forth in the terminated Agreement and t he actual cost to the C ity. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to f ailure of the Consultant to

11.b
Packet Pg. 97
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -6-
perform pursu ant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date o f termin ation, Consultant will have n o further cl aims against the City under the Agreement. No other compensation will be payab le for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all da ta and records relating to its performance under this Agreement for a period of three years fo llowing acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious cree d, col or, sex, national origin, handicap, sexual orientation, marital status , medical condition, disability, ancestry, organizational affiliation, military or v eteran status, or any other consideration made unlawful by local, State or Federal law , of any employee of, or applicant for employment with, s uch Consultant or subc ontractor.

City requires Consultant to
comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault per Civil Code §2782.8, except:

a. That in the event one or more de fendants is unable to pay its share of defense costs d ue to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocat ion of those costs amongst the parties; and

b. Where a pr oject-specific general liability policy insures all project particip ants for general liability exposures on a primary basis and also covers all design professionals for their legal liability aris ing out of t heir professional services on a prima ry basis, then there shall be no limitation on th e d esign professional's duty to provide a defense and cover the City's cost of defense.

11.b
Packet Pg. 98
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -7-
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the Ci ty) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law fr om and agains t any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature , including att orneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or dea th, and all costs of defending any claim, caused by or arisin g out of, or al leged to have been caused by or a rise out of, in whole or in part, Consultant’s acts, omissions, or performance under this Agreemen t, except for any claims, actions, causes of acti on, losses, damages, costs or l iabilities proximately caused by the sole negligence or will ful misconduct of City . City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to re quire indemnification by the Consulta nt to a greater extent than permitted under the public policy of the State of Cali fornia; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The defense and indemnity provisions obligations of this Agree ment are undertaken in addition to, and shall not in any way be limited by t he insurance obligations contained in this Agreem ent.

The foregoing indemnity pr ovisions are intended to fully allocate the partie s’ risk of liab ility to third-parties; and there s hall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in t his section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in thi s section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintai n insura nce conforming to the follo wing specifications to the fullest amount allowed by law for a minimum of th ree ( 3) years following the termination or completion of this Agreement:

A. Types of Coverage
The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:

11.b
Packet Pg. 99
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -8-

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consul tant in rendering services to City.

C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liabil ity: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General L iability Insurance or other for m with a general aggregate limit is used, ei ther t he gener al aggr egate li mit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability : $1,000,000 combined single li mit pe r accident for bodily injury and property damage.

3. Workers’ Compe nsation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the Sta te of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endors ed with a waiver of s ubrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissio ns: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the b enefit of City (as agre ed to in thi s Agreement) before the City’s own insurance or self -insurance shall be call ed upon to protect it as a named insured.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the Ci ty, either: the insurer shall reduce or eliminate such deductible s or self-insured retention as respec ts the

11.b
Packet Pg. 100
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -9-
City, its agents, officers, attorneys, empl oyees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses r elated to investigations, claim administration, an d defense expen ses. Policies containing any self -insured retention provision shall provide or be endor sed to pr ovide that the self -insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consult ant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, h ired or borrowed by the Consultant . It is a requi rement of this Agreement that any available insurance proceeds broader than or in exces s of the specifi ed minimum insur ance coverag e requirements and/or limits set forth in this Agreement sha ll be available to the City as an additional insured. Furthermore, the requirements for coverage and l imits shall be (1) the minimum coverage limits spe cified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance pol icy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be prim ary insurance as respects th e City, its agen ts, officers , attorneys, employees, officials and volunteers. Any insura nce or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the pol icies shall not affect coverage provided to the Ci ty, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consulta nt's insuran ce shall apply s eparately to each insured against whom claim is made or suit is brought except with resp ect to the limits of the insurer's liability.

2. Workers’ Compens ation and Employer’s Liability Covera ge: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentiona l failure to comply with reporting provisions of t he polici es shal l not affect cov erage provided to the City; and unless otherwise approved by the City, e ach insurance policy required

11.b
Packet Pg. 101
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -10-
by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) da ys prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation
If any of the coverages required by this Agr eement should be suspended, voided, cancelled or r educed in coverage during the te rm of this A greement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors
Consultant agrees that any and all contr acts with su bcontractors for performance of any matter under this Agreement shall require the subcontractors to compl y with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontr actors’ work . Subcont ractors are to be bound to Consultant and to City in the same manner and to the same extent as t he Consultant is bound to City under this Agreeme nt.

Subcontractors shall further agree to include these same provisions with any sub- subcontractor.

A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require al l su bcontractors to provide a valid certificate of in surance and the required endorsements included in the Agreement prior to commencing any work, and will prov ide proof of compliance to the City.

H. Acceptability of Insurers
Without limiting Consultant' s indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with endorseme nts and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person a uthorized by that insurer to bind coverage on its behal f. The certificates are to be on forms acceptab le to the City. Where required by stat ue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prio r experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

11.b
Packet Pg. 102
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -11-

10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heirs, executor s, assigns and successors of Consultant.

10.2 Neither party may assign this Agree ment, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alte r, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of servic es pur suant to this Agreement.

10.4 Neither party’s waiver of any term, condit ion or covenant, or br each of any term, condition or covenant shall be construed as the waiver of any other term, condi tion or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement betw een City and Consultant relating to the P roject an d the provision of s ervices to the P roject. Any prior agreements, promises, negotiations, or representations not expre ssly set f orth i n this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent ju risdiction to be invalid, void, or unenforce able, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordan ce with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the Agreement by the City and shall be for a 3 year period , unless terminated sooner in a ccordance with the Agreement. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or p articipating in ac tivities that conf lict with the City’s interests in respect to the work and/or services and P roject. The C onsultant shall li st current clients who may have a financial interes t in the outcome of this Agreement. The Consultant hereby certifies that it doe s not now have, nor shall it acquire any financial or business inter est that would conflict with the perform ance of services u nder this A greement. Consultant shall not make or participate in making or i n any way attemp t to use Consultant’s position to inf luence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial in terest other than the compensation promised by this Agreement.

11.b
Packet Pg. 103
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -12-
Consultant wi ll immediately advise the City if Consultant learns o f a financial interes t of Consultant's during the term of this Agreement.

10.11 City is a public agency subje ct to the disclosu re requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such inf ormation falls within one or more CPRA e xemptions, Consult ant m ust clearly mark such information “Confidentia l and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exemp t from the CPRA a nd wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the Ci ty is required to respond to the CPRA request. If C onsultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested informat ion without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold C ity harmless against any c laim, action or litigation (including but not limite d to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for inf ormation arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither par ty hereto shall be considered in defaul t in the performance of its obligation hereunder to the extent that t he performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, a cts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give noti ce promptly to the other of the nature and extent of any Force Majeur e claimed to delay, hinder or p revent p erformance of the services under this A greement. Each Party will, however, m ake all reasonable efforts to r emove or eliminate such a cause of delay or default and wi ll, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the perfo rmance of its respective obliga tion by reason of such Force Majeure, there may be an equi table adjustment of the schedule and Consultant com pensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this A greement to bind City to any obligation whatsoever.

10.14 Consultant war rants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements.

10.15 Each party acknowledges that it has reviewed this Agreement and that the norma l rule of construction to the effect that any ambiguities are to be r esolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement wa rrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their

11.b
Packet Pg. 104
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -13-
respective representatives, agents, successors and assigns to comply wit h the provisions of this Agreement.

10.17 This Agreem ent is entered into, and to be performe d in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained i n a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of w hich, together, s hall constitute one and the same instrume nt. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and val id as an original.

11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell
Attention: Cecil Lawson
70 North First Street
Campbell, CA 95008

CONSULTANT: Dasher Technologies, A Converge Company
Attention: Angela Armstrong
675 Campbell Technology Parkway
Suite 100
Campbell, CA 95008

[SIGNATURES ON FOLLOWING PAGE]

11.b
Packet Pg. 105
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -14-

Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT

By_Angela Armstrong

Title Account Executive

CITY OF CAMPBELL

By_________________________________

Title _______________________

Approved as to Form

______________________________
City Attorney

11.b
Packet Pg. 106
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -15-
Exhibit A - Scope of Services and Fees

K:\Contracts - Standard Consultant
Servi

11.b
Packet Pg. 107
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -16-

11.b
Packet Pg. 108
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -17-

11.b
Packet Pg. 109
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -18-

11.b
Packet Pg. 110
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -19-

11.b
Packet Pg. 111
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -20-

11.b
Packet Pg. 112
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -21-

11.b
Packet Pg. 113
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -22-

11.b
Packet Pg. 114
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -23-

11.b
Packet Pg. 115
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -24-

11.b
Packet Pg. 116
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center) -25-

11.b
Packet Pg. 117
Attachment: Consultant Services Agreement Dasher Technologies (Extension of Public WiFi at Campbell Community Center)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the sec tion of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR RESNIKOFF:

City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Clean Water JPA
West Valley Mayors and Managers
West Valley Sanitation District
West Valley Solid Waste Authority JPA

VICE MAYOR BYBEE
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Cities Association of SCC Representative
Downtown Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison

Association of Bay Area Governments (Alt.)
Cities Association Selection Committee & Legislative Action Committee (Alt.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)

COUNCILMEMBER GIBBONS:

Association of Bay Area Governments Executive Committee** Item: 12
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: May 3, 2022
12 Packet Pg. 118
Council Committee Reports Page 2 of 3
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of SCC Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy JPA Board of Directors & Executive Committee (SVCE)

County Library District JPA Board of Directors (Alt.)
SCC Housing and Community Development Advisory Committee (Alt.)

COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Downtown Subcommittee
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District: County Water Commission

Cities Association of Santa Clara County Representative (Alt.) State Route (SR) 85 Corridor Policy Advisory Board (Alt.) West Valley Solid Waste Authority JPA (Alt.)
West Valley Clean Water JPA (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
SCC Housing and Community Development Advisory Committee State Route (SR) 85 Corridor Policy Advisory Board
Valley Transportation Authority Policy Advisory Committee

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors Executive Committee (Alt.) West Valley Sanitation District (Alt.)

**appointed by other agencies

Prepared by:

Dusty Christopherson, City Clerk
12 Packet Pg. 119

Campbell City CouncilMay 3, 2022

Campbell City Council
May 3, 2022