Agenda, regular meeting — Campbell City Council, October 1, 2024 (part 2 of 2)

In your application, you indicated other properties with fences in the public right-of-way, highlighting those with tall decorative driveway gates. The key difference is that these properties have low fences (3 ½ feet tall) with unlocked gates - allowing unrestricted access to the public right-of-way. To assist you in meeting your needs, a similar compromise was offered to you. However, your e-mail dated July I, 2024, makes clear your intent to pursue the terms of your original encroachment permit application.

At this point, the tall fence in the public right-of-way would have to be: 1) lowered to 3 ½ feet tall or 2) relocated from the public right-of-way. Additionally, the wooden fence built within the public right- of-way along your northerly property line must be lowered or removed due to similar safety concerns cited above. Please note that if you choose to keep a lowered fence within the public right-of-way, you will need to sign the "Agreement for Private Improvements in the Public Right-of-Way" as previously discussed with staff.

This action may be appealed to the City Council by submitting a request in writing to the City Clerk, including payment of an Appeal Fee of $300.

If you have any questions, do not hesitate to contact Roger Storz at ( 408) 866-2190 or [email protected].

Sincerely,
Amy Olay
City Engineer

10.f
Packet Pg. 188
August 12, 2024
Campbell City Council
City of Campbell
70 North First Street
Campbell, CA 95008-1423
Re: File No: ENG-2024-186-R1
Address: 411 Carlyn Avenue
Application: Encroachment Permit for Private Improvements in the Public Right of-way Status: Denied
Members of the Campbell City Council;
We would like to appeal the decision made by Campbell’s Public Works Department. Public Works has denied our application for an Encroachment Permit to install a 5’3” fence/sliding gate inside the public right-of-way along the sidewalk in our front yard.

The reason for the tall fence is for my family’s safety. We are senior citizens. During the COVID pandemic, we experienced racial slurs due to our Asian ethnicity which directly caused my wife to suffer anxiety attacks. We also wish to discourage unwanted individuals from entering our property. We have had our house burglarized. We have had our Toyota 4Runner broken into twice in the past eight years.

We have had two individuals on separate occasions sleep under a tree in our yard and another individual “take a shower” with the hose in our front yard. Just this past Saturday, a homeless man slept on the sidewalk between our house and our neighbor’s house. Next time will it be in our yard? With Governor Newsom ordering communities to breakup homeless encampments, where are the homeless going to go? To our neighborhoods? We regularly read crime reports that report individuals are knocking on doors at all hours of the night, breaking into and stealing cars, and stealing packages. We have also purchased a camper van and wish to discourage individuals from breaking into our van. We expect to take long journeys in our van and again, want to discourage individuals using our yard for sleeping, showering, defecating, or from breaking into our home.

On April 24, 2024, Campbell’s Community Development Department approved our request for a Fence Exception contingent on some conditions being met. One of the conditions was to build the fence on the property line and not along the sidewalk in the public right-of-way. Since we want our fence to be installed in the public right-of-way along the sidewalk, I was instructed to file for an Encroachment Permit with the Campbell’s Public Works Department. On June 21, I met with Mr. Roger Storz and Mr.

John Burchfiel from the Public Works Department to look at the yard and discuss the fence. Mr. Storz had two main arguments against approving the Encroachment Permit. The first and main argument for denying the Encroachment Permit is because the fence we want to install is 5’3” tall and has locking gates. Mr. Storz stated that since the fence/gate is in the public right-of-way, the City and utility companies would not have access to this area and private property owners cannot claim exclusive use and restrict usage of this area. On July 31, Mr. Storz sent me an email with a denial letter attached. On Applicant's Appeal to City Council

10.g
Packet Pg. 189
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) August 5, 2024, we sent Mr. Storz an email requesting he reconsider his denial. We stated that since the tall fence and locking gate would restrict access to the City and utility companies, we would be willing to not have locking gates and would not install a pedestrian gate. This would give the City and utility workers complete access to our yard and would not restrict them in anyway. We realize this basically defeats our safety desires, but we feel the tall fence by itself will serve as a deterrent. Unfortunately, Mr. Storz left for vacation from August 5 through August 23 and will be unable to see our compromise.

We would also like to point out that at no time has Mr. Storz and the Public Works Department ever acknowledged any concern for the safety of my family.

The second argument was that approving the Encroachment Permit for allowing a tall fence in the public right-or-way would set a precedent. We don’t see it that way. If another homeowner wants to install a tall fence in the public right-of-way, they would need to go through the same process that we did. The homeowner would need to pay a $1,250+ fee and file for a Fence Exception with the Community Development Department. The Community Development Department could easily deny any unqualified request and Code Enforcement could demand the fence be removed if the homeowners have already built their fence. If the Fence Exception is approved, the homeowners would have to pay another fee and get an Encroachment Permit from Public Works. If the Encroachment Permit is denied, the homeowners would have to pay another fee to appeal to the City Council, as we are doing now.

I will attach our Fence Exemption letter so you can review the specs of the fence. It meets all the requirements for the Fence Exemption. I will also attach a picture of the portion of the fence that was installed (since removed) so you can see the beauty of the fence and also see that it does not obstruct any views. Finally, I will attach a photo of the homeless person sleeping on the sidewalk.

In closing, we respectfully request that the members of Campbell’s City Council override Mr. Storz and the Public Works Department denial of our Encroachment Permit and allow us to install a 5’3” fence/gate with no automatic gate opener, no locking gates, and no pedestrian gate next to our sidewalk and in the public works right-of-way, meeting the Public Works Department’s requirement.

We thank you for your time.

Sincerely,
Stan & Nobuko Ito

10.g
Packet Pg. 190
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW)

10.g
Packet Pg. 191
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) March 2, 2024
Rob Eastwood
Campbell Planning Department
70 N. 1st St
Campbell, CA 95008
RE: Request for Fence Exception at 411 Carlyn Avenue, Campbell, CA Dear Mr. Eastwood:

We, Stanley and Nobuko Ito, are requesting per Campbell Code of Ordinances 21.18.060, paragraph E, a fence exception at the above mentioned property. We would like to install an approximate 5’3” tall (depends on the how level the concrete sidewalk is), ornamental, powder-coated, galvanized steel fence in the front yard next to the concrete sidewalk and on our property line that separates our property from our neighbor at 397 Carlyn Avenue. The fence panels are 58” (4’10”) tall (as shown in Fence Detail), but will be installed approximately 5” above the concrete sidewalk. The fence posts will be cut to be the same height as the panels. Across the driveway, the fence will have a 19’ sliding gate as well as a 36” wide pedestrian gate. Since the pickets on each fence/gate panel are ¾” every 4 ½” (as described in the Fence Detail), visibility through the fence will not be an issue. The portion of the fence/gate that exceeds the height limitation shall be more than the fifty percent open to the passage of light and air, as required in paragraph F of the same ordinance. Additionally, our neighbor whose property borders the fence does not object to the height of the fence being installed. We have talked with Campbell’s Public Works Department and were informed by them that Public Works would allow the position of the fence along the sidewalk as long as the Planning Department approves the exception request.

The purpose of the higher fence is for our safety. We are senior citizens and my wife suffers from anxiety attacks. In addition, we have experienced racial slurs due to our Asian ethnicity. We also wish to discourage unwanted individuals from entering our property. In 2006-2007, we had our house broken into and various items stolen. We called the police and filed a report but no one was arrested and charged. In the past eight years, our Toyota 4Runner has been broken into twice. We have had two individuals sleep under trees in our yard and another individual “take a shower” with the hose in our front yard. We did not call the police on these past incidents because we were afraid to agitate these individuals and have them retaliate against us or our house. We regularly read crime reports that report individuals are knocking on doors at all hours of the night, breaking into and stealing cars, and stealing packages. We have also purchased a camper van and wish to discourage individuals from breaking into our van. We expect to take long journeys in our van and again, want to discourage individuals using our yard for sleeping, showering, defecating, or from breaking into our home.

As explained below, the requested fence exception meets the four requirements:

1. The change would not impair pedestrian or vehicular safety.

The proposed fence and gate are of powered-coated, galvanized steel design. Since the pickets on each fence/gate panel are ¾” wide and each picket is 4 ½” apart, a clear line-of-sight through

10.g
Packet Pg. 192
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) the fence/gate will not be an issue. The sliding gate will not swing outward nor inward, and will not block the sidewalk nor impair traffic.

2. The change would result in a more desirable site layout.

The fence is ornamental and powdered-coated in black. Unlike wooden fences and painted fences, a powdered-coated fence is highly resistant to corrosion, flaking, peeling, and scratching.

The fence will be more durable than wooden fences also since it will not sag and will be more difficult to damage. The fence blends in well and is not highly visible when driving down the street. It will not be and is not a distraction.

3. The change would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

Since the fence/gate is powder coated, no special solvents or cleaners are necessary for maintenance which is better for the environment. Water is all that is necessary to keep it clean.

The gate slides on the inside of the fixed fence. It does not swing open across the sidewalk and into the street so it will not impact foot traffic on the sidewalk nor will it impact cars driving in the street. The Topen’s automatic sliding gate opener will open/close the gate at a speed of 8” per second so the 19’ gate would take 28.5 seconds to open/close. The opener has a built-in safety mechanism which automatically reverses the gate in case of obstruction during closing and stops the gate in case of obstruction during opening. The amount of noise from the opener is < 50 decibels (dB). All sounds between 31-60 dB are considered quiet so 50 dB will not be harmful to human hearing. Other than these possible concerns, the fence will not be detrimental to the health, safety, peace, morals, comfort or general welfare to our neighbors or those working in the neighborhood.

4. The change would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

The fence is not detrimental nor injurious to the property and improvements in the neighborhood or to the general welfare of the city. It is securing our property and adding to our safety. It will also increase safety by allowing full view into our front yard to law enforcement officers. It may discourage individuals from entering our yard and potentially having a confrontation with us.

We appreciate your consideration and we look forward to hearing from you.

Sincerely,
Stanley and Nobuko Ito

10.g
Packet Pg. 193
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Fencing Material Detail (from Steel & Fence Supply website)  Ornamental Fence Panel: Industy standard is pre-galvanized ornamental (pre-galv iron).

Commercial grade panel is made of steel treated in a rust resistant zinc galvanized coating before being black powder coat. Panels are 58” tall x 94” wide, 2 rail, extended top/extended bottom welded. Panels have ¾” pickets every 4 ½”. Top and bottom rail are 2 ½” wide.  Commercial slide mounting bracket for 1 ½” square rail. Pre-galv, black powder coat.  Fence Post: 2 ½” x 96” square cut to 5’3” tall. Pre-galv, black powder coat.  Dome Cap: 2 ½” Dome cap. Pre-galv, black powder coat.  Ornamental Gate: Commercial grade welded slide gate, pre-galv, black powder coat. See Material Detail Key below.
 Pedestrian Gate: Commercial grade welded single swing gate, 8’ wide x 58” tall (cut to 36” wide), 1 ½” rail, ¾” pickets every 4 ½”. Pre-galv, black powder coat.

Example of Panel:
+
58" Tall
Gate Details

10.g
Packet Pg. 194
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Driving north on Carlyn Avenue showing fence
*note that black galvanized steel blends in well to background

10.g
Packet Pg. 195
Attachment: Appeal to City Council (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW)

10.g
Packet Pg. 196
Attachment: Appeal to City Council (Appeal of Public
City
Council
Report
TITLE: Updates to Campbell Municipal Code 3.20 - City Manager Award Threshold, Formal Bidding Requirements, and Pass -Through Consultant Agreements (Ordinance/Roll Call Vote)

RECOMMENDED ACTION
That the City Council introduce and hold a first reading of an Ordinance amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, modify current formal solicitation bidding requirements, keep language consistent with the California Public Contracts Code, add language surrounding pass -through consultant contracts, and add clarifying language on threshold limits.

EXECUTIVE SUMMARY
This item includes three interrelated modifications to the City’s purchasing and procurement policies. The first and second modifications responds to findings from the 2023 Baker Tilly audit of the City’s purchasing system that recommends increasing the City Manager’s contract award threshold and proposes a modification to the practice of seeking City Council authority prior to soliciting bids. And the third modification establishes policies and procedures for “pass through” funded consultant contracts administered by the Community Development Department, as reviewed by the City Council at the March 5, 2024 meeting. As these actions will affect the City’s purchasing and procurement ordinances and policies, they are being presented to the City Council together.

BACKGROUND
In April 2023, Baker Tilly, an outside consultant, conducted an assessment of the City of Campbell’s (“City”) purchasing system to determine areas of optimization for the City.

The assessment included interviews held with the consultant’s project team and small group discussions with staff members from Finance, Public Works, and the City Manager’s Office, the review of existing policies and procedures, analysis of two sets of purchasing transactions, facilitation of two process mapping sessions, and the evaluation of purchasing positions and structures of peer agencies. After the assessment was completed, Baker Tilly prepared a report outlining its findings. The report focused on its evaluation of citywide procurement functions for consistency, policy clarity, compliance, and overall best practices and ethics.

Item: 11
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: October 1, 2024
11 Packet Pg. 197
Updates to Campbell Municipal Code 3.20 Page 2 of 6
As a result of the assessment, Baker Tilly prepared several recommendations for improvement designed to facilitate clarity and consistency of policies and procedures, mitigate risk, and incorporate best procurement practices for the purchasing environment. Baker Tilly presented these recommendations at the June 6, 2023 City Council meeting. Staff is bringing two of those recommendations before the City Council for consideration and approval as they are recommendations that can be quickly addressed and will streamline the City procurement processes. Staff will continue to review the other recommendations and return with next steps as appropriate.

I. City Manager Contract Award Threshold & Pre-Solicitation Approval One of Baker Tilly’s recommendations was to increase the City Manager’s contract award threshold amount for goods and services from the current threshold limit of $49,999.99 to $100,000 and to index it for periodic adjustments based on economic conditions. In addition, Baker Tilly recommended a modification to the formal solicitation requirements to eliminate the practice of receiving approval from the City Council prior to conducting formal solicitations, for supplies, services, and equipment purchases, when the supplies, service, and/or equipment is already accounted for in the current fiscal year’s adopted budget. This would apply to contracts for supplies, services, and equipment with an estimated fair market value greater than one hundred thousand dollars ($100,000). These two changes allow for City Manager thresholds to account for changing economic conditions and improve the overall efficiency and effectiveness of the City’s procurement processes.

II. Pass Through Funded Consultant Agreements
In addition to the recommendations from Baker Tilly, o n March 5, 2024, Community Development Department staff presented to City Council a procurement enhancement that would improve and standardize the City’s procedures as they relate to the expenditure of non -City (“pass through”) funds to prepare specialized technical studies for development projects under review by the City. Currently, the City does not have a defined process in its ordinance or formal policies for executing “pass -through” agreements with consultants when the work is funded by private applicants. Staff is proposing that the City adopt new policies that distinguish “pass -through” funded agreements from publicly funded agreements and establish a process where consultants can be placed on a n established “bench” from which they can be selected to conduct a specific technical study. A streamlined process would be put in place to select the consultants to prepare a technical study for a specific project.

The proposed approach would establish two “benches” as follows:
11 Packet Pg. 198
Updates to Campbell Municipal Code 3.20 Page 3 of 6
• Master Service Agreements - Consultants under contract with the City to prepare environmental documents (such as an EIR) or highly specialized technical studies.
• Pre-Qualified Consultants - A list of pre -qualified consultants that are available to be hired directly by private applicants to conduct technical studies (such as a noise impact study).

Council reviewed the proposal at their March 5, 2024 meeting and provided favorable feedback, with direction to incorporate a rotation of consultants and a 5-year time period for the bench.

DISCUSSION
I. City Manager Contract Award Threshold & Pre-Solicitation Approval Modifying the award threshold amount that the City Manager can approve for goods and services contracts and modifying formal solicitation requirements requires an ordinance amending Section 3.20 of the Campbell Municipal Code.

In addition to the findings reported in Baker Tilly’s report, City staff surveyed and compared purchasing limits currently in effect at various cities in Santa Clara County.

Based on this research, the City’s current purchasing limits are generally below the purchasing limits of other cities in Santa Clara County.

The table below shows a sampling of various cities’ administrative purchasing authority thresholds:

Santa Clara County Agency Purchasing Limits & Approval Authorities City of Campbell • Up to $49,999.99 – City Manager Approval • Over $50,000 –City Council approval
City of Cupertino • Up to $60,000 – Staff Approval
• $60,001 - $200,000 – City Manager Approval
• Over $200,000 – City Council Approval
City of Gilroy • Up to $99,999 – City Manager Approval
• $100,000 and up –City Council approval
Town of Los Gatos • $5,001 - $49,999 – Staff Approval
• $50,000 - $100,000 –Town Manager Approval
• Over $100,000 –Town Council Approval
City of Monte Sereno • Up to $15,000 – Staff Approval
• $15,000 - $25,000 – City Manager Approval
• $25,000 or greater – City Council Approval
City of Morgan Hill • Up to $25,000 – Staff Approval
11 Packet Pg. 199
Updates to Campbell Municipal Code 3.20 Page 4 of 6
II. Pass Through Funded Consultant Agreements
Staff is recommending that the formal solicitation requirements of section 3.20.030 of the Campbell Municipal Code be modified to add an additional part (9), “where the source of funding is procured by non -city funds from an applicant for a development project and when a Professional Service Agreement is executed in accordance with section 3.20.110 and the addition of section 3.20.110 – Pass-Through Professional Service Agreements stating that,
“Professional Service Agreements for services to be provided in association with a development project using non-city funds procured from an applicant, may be approved and executed by the City Manager or his designee as referenced in the City’s administrative policy”.

The proposed Ordinance code changes and accompanying administrative policies will establish procedures for pass through agreements as follows , incorporating previous Council direction:

Approval for Master Service Agreements. A distribution of Request for Qualifications (RFQ) will be solicited for the preparation of environmental documents and technical studies that involve a high degree of technical complexity and/or iterative development, warranting strict oversight by the City, transportation -related studies, historical evaluations or similar studies as determined by the Department Head. City Council will approve the selected consultant(s) and the Master City Agreement(s) for the specified term of 5-years. Administrative procedures will identify that selection of consultants from this list to prepare studies be rotational.
• $25,000 - $60,000 –City Manager Approval
• Over $60,000 –City Council Approval
City of Mountain View • Up to $20,000– Staff Approval
• $20,000 - $100,000 – City Manager Approval
• Over $100,000 – City Council Approval
City of Palo Alto • Up to $85,000 – Staff Approval
• $85,001 - $250,000 – City Manager Approval
• Over $250,000 – City Council Approval
City of Santa Clara • Up to $15,000 – Staff Approval
• $15,001 - $250,000 – Purchasing Division
Manager Approval
• Over $250,000 – City Council Approval
City of Saratoga • Up to $25,000 – City Manager Approval • Over $25,000 – City Council Approval
11 Packet Pg. 200
Updates to Campbell Municipal Code 3.20 Page 5 of 6
Creation of a Pre -Qualified Consultant List. A Request for Qualifications (RFQ) will be released by the Department Head to vet and fill a pre-qualified list of consultants that can perform certain technical studies, and can be hired directly by a private applicant .

Selected consultants will be designated to the pre -qualified list for a period of five (5) years and be subject to review of provided studies, reports, and/or documentation. If additional consultants are needed, the department may conduct a subsequent Request for Qualifications to fill or renew the pre-qualified consultant list.

Summary of Recommendations
Attached to this staff report, for approval, is an ordinance amending and/or adding the following Sections of and to the Municipal Code:

Section 3.20 - to allow for the award threshold amount that the City Manager can approve for goods and services contracts to increase to $100,000 and to modify the formal solicitation requirements to eliminate the practice of obtaining City Council approval prior to conducting formal solicitations for supplies, services, and equipment purchases, when the supplies, service, and/or equipment is already accounted for in the current fiscal year’s adopted budget.

Section 3.20.030 - to allow for the addition of part (9) “ “where the source of funding is procured by non -city funds from an applicant for a development project and when a Professional Service Agreement is executed in accordance with section 3.20.110”.

Section 3.20.110 – to add language for Pass-Through Professional Service Agreements as follows:
(1) “Professional Service Agreements for services to be provided in association with a development project using non -city funds procured from an applicant, may be approved and executed by the City Manager or his designee as referenced in the City’s administrative policy”.

If approved, the ordinance would return to Council for a second reading and final adoption on October 15, 2024. If approved at the second reading, the ordinance would become effective thirty (30) days thereafter, on November 14, 2024.

FISCAL IMPACT
There is no fiscal impact with the adoption of the attached ordinanc e and subsequent implementation.

ALTERNATIVES

1. Do not introduce the proposed ordinance changes.

2. Provide alternative direction to the proposed ordinance. 11 Packet Pg. 201
Updates to Campbell Municipal Code 3.20 Page 6 of 6
Prepared by:

Jose Zetino, Administrative Analyst
Reviewed by:

Brian Loventhal, City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Ordinance - Purchasing Policy
11 Packet Pg. 202
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 3.20 OF THE CAMPBELL MUNICIPAL CODE R EGARDING CITY

MANAGER AWARD THRESHOLDS AND FORMAL SOLICITATION REQUIREMENTS, ADDITION OF SECTION 3.20.110 (PASS-THROUGH PROFESSIONAL SERVICE AGREEMENTS) TO CHAPTER 3.20 AND MODIFYING SECTION 3.20.030 FOR PASS-

THROUGH PROFESSIONAL SERVICE AGREEMENTS
WHEREAS, Campbell Municipal Code C hapter 3.20 establishes the City’s procedures for the purchase, leasing, and disposal of supplies, services, and equipment at the lowest possible cost, and commensurate with the quality needed; and WHEREAS, Chapter 3.20 sets forth guidelines for purchasing officer, bidding, purchase orders, formal contract procedures, open market procedures, purchases from other agencies, sale of obsolete personal property, alternative bidding procedures, requests for proposals, and authority to enter and execute contracts; and WHEREAS, Ordinance 2228 clarified sections of Chapter 3.20 to align with State law, and identified modest changes to the purchasing dollar limits that required City Council action to reflect current market conditions; and
WHEREAS, The recommendation as it pertains to the City Manager’s contract award threshold and current formal solicitation requirements made by Baker Tilly in their Purchasing System Organizational Assessment of the City presented during the June 6, 2023 Council Meeting and research conducted by staff; and WHEREAS, the City Council desires to adjust the City Manager’s contract award threshold to $100,000 and to modify current formal solicitation requirements and to provide clarifying language to align the sections impacted; and WHEREAS, on March 5, 2024, City Council discussed a procurement enhancement that would improve and standardize the City’s procedures, as it relates to the expenditure of non-City funds for development projects which require the preparation of specialized technical studies; and
WHEREAS, the City Council desires to add CMC section 3.20.110 – Pass-Through Professional Service Agreements to state that “Professional Service Agreements for services to be provided in association with a development project using non-city funds procured from an applicant, may be approved and executed by the City Manager or his designee as referenced in the City’s administrative policy”; and WHEREAS, the City Council desires to modify CMC section 3.20.030 to include that bidding requirements may be dispensed when the source of funding is procured by non - city funds from an applicant for a development project and when a Professional Service Agreement is executed in accordance with section 3.20.110;

11.a
Packet Pg. 203
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20)

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Section 3.20.030 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.030 – Bidding
Except as otherwise authorized or required by this chapter, or under state or federal law, purchases of supplies, services and equipment shall be by the bidding procedures specified in Section 3.20.050 of this chapter. The bidding procedures of Section 3.20.050 may be dispensed with when any of the following circumstances exist, unless otherwise required by state and federal law:
1) The estimated value of supplies, services or equipment is less than, or equal to, fifty one hundred thousand dollars, and the procedures set forth in section

3.20.060
2) No acceptable bids are received from any responsible bidder, after following the procedures set forth in Section 3.20.050 of this chapter; 3) An emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050; 4) The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
5) The city has elected to purchase supplies, materials or equipment directly from the state of California, the county of Santa Clara or any other California county or municipality pursuant to Section 3.20.070 of this chapter; 6) 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 allowed provided that:

A. The bidding procedures conducted by the agencies identified are reasonably consistent with Section 3.20.050 of this code, and B. The vendor agrees to provide the same low bid price to the city as provided to the awarding agency:
7) The supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor; or 8) The City Council, by a majority vote, determines that it is in the best interest of the public to dispense with the requirements of Section 3.20.050, in which case the City Council shall prescribe the appropriate method of purchase. 9) Where the source of funding is non -city funds procured from an applicant for a development project and where a Professional Service Agreement is executed in accordance with section 3.20.110
In the event that subsections (2), (3), or (4) apply, the purchasing officer may proceed with the purchase in the manner that he or she determines to be in the best interest of the City.

11.a
Packet Pg. 204
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) Section 2: Section 3.20.050 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.050 – Formal contract procedure
Except as otherwise provided in this chapter, purchases and contract for supplies, services and equipment of estimated fair market value greater than fifty one hundred thousand dollars shall be written contract with the lowest responsible bidder pursuant to the procedure prescribed herein as follows:
1) Approval of Specifications. Specifications shall be approved by the Ccity Ccouncil, the original of which shall be filed in the office of the city clerk. 1) Notice Inviting Bids. The notice inviting bids shall not require authority of the City Council for supplies, services, and equipment, when the purchase has been identified and accounted for in the current fiscal year’s adopted budget. In all other cases, Tthe notice inviting bids shall be advertised upon the authority of the Ccity Ccouncil and shall include a general description of the articles to be purchased or services to be performed, shall state where bid blanks and specifications may be secured, form and amount of performance bond, if required, and the time and place for opening bids:

A. Published Notice. Notice inviting bids shall be published one time in a newspaper of general circulation in the city.

B. Bidder’s List. The requesting department shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto.
2) Bidder's Security. The notice for invitation for bids shall prescribe an amount of money to accompany the bid proposal, which is required as the bidder's security.

11.a
Packet Pg. 205
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) 6) Rejection of Bids. In its description, the City Council may reject any and all bids presented. The City Council may then re-advertise the bids or authorize the City Manager to proceed with the purchase of the materials, services or equipment by negotiation in the open market subject to final approval of purchase by City Council.
7) Tie Bids. If two or more bids received are for the same total amount or unit price, quality or service being equal and if the public interest will not permit the delay of re-advertising for bids, the City Council may accept the one it chooses, or accept the lowest bid made by negotiation with the tie bidders at the meeting at which the award of the bid is to be made.
8) Performance Bonds. The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

Section 3: Section 3.20.090 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.090 – Alternative bidding procedures for public projects – Incorporation of uniform construction of cost accounting procedures
Pursuant to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) of the California Public Contract Code (the “Act PCC") public projects, as defined in the Act PCC (Section 22002), or as those sections may be amended from time to time by the state legislature, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the Act PCC. Notwithstanding any contrary provisions of this chapter, and except as otherwise authorized or required by state or federal law, public projects with a value equal to, or less than, the informal bid limits stipulated in PCC Sections 22032(b) and (c) and 22034(fd), as amended from time to time, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the Act, and pursuant to the following procedures:
a) The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the California Uniform Construction Cost Accounting Commission.
b) All contractors on the list for the category of work being bid and/or all construction trade journals specified by the California Uniform Construction Cost Accounting Commission shall be mailed a notice inviting informal bids unless the product or service is proprietary.
c) All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due. d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of bids.

11.a
Packet Pg. 206
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) e) The City Council delegates the authority to award informal contracts to the Public Works Director, City Manager, Building Official, or other appropriate person. f) Before awarding a public project contract, at least three bids must be received unless any of the following occurs:
(i) The product or service is proprietary;
(ii) All of the qualified contractors on the list have been solicited, but less than three bids have been received.
g) Notice inviting informal bids shall be published at least once and publication shall be completed at least twenty-four hours before the time scheduled for opening of the bids.
h) If all bids received are in excess of the informal bid limits stipulated in PCC Section 220342(fb), as amended from time to time, the governing body of the public agency may, by passage of a resolution by a four -fifths vote, award the contract to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable , subject to the limitations of PCC Section 22034(d).
i) Any and all other procedures required by the Cost Accounting Policies and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission, which is incorporated herein by reference.

Section 4: Section 3.20.091 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.091 – Request for proposals (RFP).

Notwithstanding any contrary provision of this chapter, the bidding procedures specified in Section 3.20.050 may be dispensed with for the purchases of supplies and services that are technical in nature; provided, that the following conditions are met:
(1) With City Council approval if the estimated amount or value involved is more than fifty one hundred thousand dollars; or
(2) Without City Council approval if the estimated amount or value is less than fifty one hundred thousand dollars or less.
(3) Upon a determination by the City Council under subsection (1) or the City Manager or his or her designee under subsection (2), that the use of competitive bidding is not practical or advantageous because one or more of the following conditions exist:
(A) Price is not a primary consideration,
(B) Quality, availability or capability is overriding in relation to price in procurement of research, development, technical supplies or services, or
(C) Delivery and installation, post -sale service or maintenance, reliability, warranties or availability or replacements are overriding in relation to prices.
(4) RFP. An RFP shall be specific and will include, but not be limited to, type of services or supplies to be provided, methodology to be used and/or specifications requested, time frame for completion of the project, form and

11.a
Packet Pg. 207
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) amount of performance bond, if required, and the final form which the project will take. The RFP shall also specifically identify the time and place where the proposal shall be delivered.
(5) Receipt of Proposals. If the estimated amount or value involved is more than fifty one hundred thousand dollars, proposals shall be submitted to the City Clerk's office for acceptance by the City and then forwarded to the responsible department.
(6) Discussion with Responsible Offerors and Revisions to Proposals.

Discussions may be conducted with responsible offerors, who submit proposals that reasonably meet the selection criteria, for the purpose of clarification to assure full understanding of, and conformance to, the RFP.

Offerors shall be accorded equal treatment with respect to any opportunity for discussions, and revisions of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.
(7) Award of Contract. Contracts over fifty one hundred thousand dollars shall be awarded by the Ccity Ccouncil and made to the responsible offeror whose proposal is determined to be the most advantageous to the city, taking into consideration the evaluation factors set forth in the RFP. (8) Rejection of Proposal. Without limitation to the applicability of any other provisions of this chapter, the Ccity Ccouncil may reject any and all proposals if such rejection is deemed in the best interests of the city.

Section 5: Section 3.20.100 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.100 – Authority to Enter and Execute Contracts.
(1) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of fifty more than one hundred thousand dollars or more shall be approved by the City Council, and shall be signed on behalf of the City by the Purchasing Officer or Mayor; (2) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of five thousand dollars to forty-nine thousand nine hundred ninety-nine one hundred thousand dollars and ninety-nine cents shall be approved and signed on behalf of the City by the Purchasing Officer; and
(3) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of less than five thousand dollars may be approved and signed by the department head charged with overseeing the contract or the Purchasing Officer.

3.20.110 – Pass-Through Professional Service Agreements (1) Professional Service Agreements for services to be provided in association with a development project using non -city funds procured from an applicant, may be approved and executed by the City Manager or his designee consistent with this chapter.

11.a
Packet Pg. 208
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) PASSED AND ADOPTED this ___ day of ___, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:
________________________________
Andrea Sanders, City Clerk

11.a
Packet Pg. 209
Attachment: Ordinance - Purchasing Policy (Updates to Campbell Municipal Code 3.20) City
Council
Report
TITLE: Council Committee Reports

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

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

MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
West Valley Mayors and Managers
DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)

VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy Audit Committee
Item: 12
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: October 1, 2024
12 Packet Pg. 210
Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:

Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)
Silicon Valley Clean Energy JPA Board of Directors
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Administration Committee Valley Transportation Authority Policy Advisory Board
12 Packet Pg. 211
Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:

Kristen Epolite, Deputy City Clerk
12 Packet Pg. 212
To: Honorable Mayor and City Council

Date: October 1, 2024
From: Andrea Sanders, City Clerk
Subject: Desk Item 8 – Revised Scope of Services Exhibit and Contract

Minor changes were made to the Crossing Guard Scope ofServices and Contract based on bi-weekly billing and supervisor availability

Reflected changes are described below.

For Exhibit A:
• Section #1 item G: “Submit invoices to the City of Campbell on a bi-weekly basis for the number of hours worked by crossing guards during the previous month.” • Section #5 item D: We would like this to be within one (1) hour. In rare instances, our supervisor may be working a location due to a call-out and may not be able to return the call within 30 minutes:
“The supervisor must be available to the City, returning phone calls as soon as possible but in all cases within 60 minutes.”

For the Contract:
• Section #16: “In order to request payment, Contractor shall submit bi-weekly invoices to the City describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon this Agreement. The information in Contractor’s invoices shall be subject to verification by the City. The City generally processes and pays invoices within thirty (30) days of receipt of Contractor’s properly prepared and accepted invoice.”

A clean version has been attached reflecting the changes.

City of Campbell

MEMORANDUM

City Clerk’s Office

EXHIBIT A SCOPE OF WORK

Contractor shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF WORK".

1. Contractor Shall Provide or Perform the following:
a. Provide crossing guard services at each location listed on "Crossing Guard Locations" on the days and during speciﬁc hours designated by the City;
b. Coordinate any location and schedule changes directly with the City; c. Provide payroll and workers' compensation coverage for all guards; d. Provide training to all new hires;
e. Maintain a sufficient number of alternate guards and guarantee crossing coverage for absent or sick guards;
f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats; g. Submit invoices to the City of Campbell on a bi-weekly basis for the number of hours worked by crossing guards during the previous month;
h. Maintain quarterly contact with the Police Department representative for quality assurance of the program.

2. Crossing Guard Locations. Days and Hours:
a. Contractor shall be responsible for providing crossing guard services during the normal school year session and the summer school session. The normal schoolyear session is composed of 180 school days per year. The exact dates that schools are in session are published and coordinated by the Campbell Uniﬁed School District and the Moreland School District. The most accurate calendar for verifying in-session days is on the respective School District's website.
b. Contractor will provide crossing guard services on all days that school is in session, at the designated locations, during the designated hours. Currently, there are 9 intersections that require a crossing guard during the normal school year. c. The City reserves the right to add, delete or revise the crossing guard locations and times, provided that Contractor is given 30 days written notiﬁcation of any proposed changes.

3._ Contractor Shall Maintain the Following Minimum Standard for Crossing Guards:
a. Must have a minimum of an eighth-grade education;
b. Be able to read, write and speak English;
c. Be a minimum of 18 years old;
d. Not have a felony conviction for crimes against children, not have a felony conviction for any violent crimes, not have any misdemeanor convictions involving crimes against children, or convictions involving any violent crime;
e. Not be a registered sex offender or narcotics offender; f. Demonstrate the following abilities and characteristics; g. Minimum of average intelligence;
h. Good physical condition, including sight and hearing; i. Mental alertness;
j. Neat appearance;
k. Good character;
l. Dependability;
m. Sense of responsibility for the safety of children;
n. Good verbal communication skills;
o. Familiarity with traffic rules and regulations.

4. Appearance & Behavior
a. Crossing Guards will not hold anything in their hands while working, except for their issued stop sign. An example of this would be the Crossing Guard's cellphone. b. Crossing guards will use appropriate language and refrain from using profanity. c. Crossing Guards must at all times display visible picture identiﬁcation showing they are an employee of the Contractor.
d. Crossing Guards shall wear acceptable attire at all times which may be periodically subject to review by the City.
e. Crossing Guards shall wear their traffic vests at all times while performing crossing duties.

5. Contractor’s Supervisors Shall Perform the Following Duties:
a. Contractor shall ensure that a local area supervisor shall be available at all times to see that guard activities are taking place at required locations and times. b. The supervisor shall assign schedules, monitor and supervise crossing guards when necessary and have a vehicle to travel to work sites.
c. The supervisor shall visit each school site once a month. d. The supervisor must be available to the City returning phone calls as soon as possible but in all cases within 60 minutes.
e. The supervisor must be available to respond to problems and/or complaints. f. In addition to the minimum standards set forth above, the supervisor must have a minimum of a high school education and a valid California driver's license. g. As requested, the area supervisor will provide pedestrian and bike counts for intersections.

❷¡ .Absent Crossing Guards
a. Contractor will maintain standard procedures that require crossing guards to notify the area supervisor if they will be tardy or absent for their shift. b. When crossing guards are absent, it is the responsibility of Contractor and the area supervisor to staff the location with alternate personnel. c. The area supervisor shall immediately notify the Traffic Supervisor if there will be any delay or absence in providing intersection coverage.
❸¡Training and Orientation
a. Training and orientation shall be provided by Contractor prior to deploying any crossing guards.
b. All training and orientation procedures shall be subject to the approval of the City of Campbell.

Crossing Guard Locations
Capri Elementary School - 1 Guard
Hacienda Ave @ Virginia Ave Monday -
Friday
Monday, Tuesday, Thursday and, Friday
Wednesday

7:20-8:20 am
2:05-3:05 pm
1:05-2:05 pm
Payne Elementary School - 1 Guard Hamilton Ave @ Phoenix Dr Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday

Campbell School of Innovation - 3 Guards
Campbell Ave @ Milton Ave Rincon Ave @ Milton Ave Cherry Ln @ California Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday

Rolling Hills Middle School - 2 Guards
Pollard Ave @ More Ave Monday - Friday
Monday, Tuesday, Thursday and, Friday Wednesday
Conference week October 3-7

Rosemary Elementary School - 2 Guards
Hamilton Ave@ Eden Ave Monday - Friday
Monday, Tuesday, Thursday and, Friday Wednesday

1 AGREEMENT FOR CROSSING GUARD SERVICES

This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated September 17, 2024 and is between the CITY OF CAMPBELL (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor") (collectively the “Parties”).

WITNESSETH

The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period which commences on or around July 1, 2024 and ends on June 30, 2025 and for such term thereafter as the P arties may agree upon by written amendment to this Agreement pursuant to Section below 18. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City.

2. The Contractor shall provide crossing guard services as defined and described in this Section and in the Scope of Work, attached hereto as Exhibit A and incorporated herein (the “Services”). The Services shall include, but not be limited to, providing personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”. Contractor will perform criminal background checks and confirm employment eligibility through E- Verify on all prospective personnel. The Contractor, including the Contractor’s employees, agents, and the Crossing Guards, is an independent contractor solely responsible for its own acts and omissions. The Crossing Guards to be furnished by Contractor shall at all times be its employees and shall not be considered City employees for any reason. Contractor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent , or others under Contractor’s supervision or control was misclassified.

3. The City’s representative in dealing with the Contractor shall be designated by the City of Campbell.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor including but not limited to the Crossing Guards, shall conduct themselves in accordance with the conditions of this Agreement and all applicable federal, state, and local laws and regulations.

2 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.

8. The Services shall be provided by the Contractor at the locations designated by the City in the Scope of Work in Exhibit A on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand- held Stop signs and any other safety equipment which may be necessary.

10. Prior to the beginning of and throughout the duration of this Agreement, t he Contractor shall maintain and comply with the insurance requirements of this Section. Insurance coverage will be at least as broad as:

• Workers’ compensation insurance as required by the State of California, with statutory limits, and employer’s liability insurance: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees.

• Commercial General Liability (CGL): $1,000,000 per occurrence; $2,000,000 aggregate.

Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.

• Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers, agents, volunteers, and employees as additional insureds with respect to liability arising out of work or services performed by or on behalf of Contractor. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). Contractor’s insurance shall be primary and non- contributory with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractors and will not contribute with it. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non- renewed except after thirty (30) days written notice has been given to the City. Contractor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or 3 not the City has received a waiver of subrogation endorsement from the insurer. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City.

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents, volunteers, and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations, liabilities, losses, injury, or expenses, including attorneys’ fees and costs (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization, arising out of or resulting f rom the negligent acts or omissions, recklessness, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees, in any way related to this Agreement. Contractor’s duty to indemnify and hold harmless hereunder shall not apply to the extent that such Claims are caused by the sole or active negligence or willful misconduct of the City.

a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.

b) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combin ed aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).

12. The City may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to Contractor. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City may terminate this Agreement sooner upon written notice of termination. Contractor shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. Upon notice of termination by either the City or Contractor, the Contractor will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Contractor will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. In the event of Contractor’s 4 failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Contractor will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Contractor of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Contractor to perform pursuant to the Agreement. City may withhold any pa yments to Contractor for the purpose of set off until such time as the exact amount of damages due City from Contractor is determined. After the effective date of termination, Contractor will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

14. Contractor shall not subcontract any portion of the Services without the prior written authorization of the City Manager or his or her designee. If at any time, the City determines any subcontractor is incompetent or unqualified, Contractor will be notified and will be expected to immediately cancel the subcontract. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City, its officers, officials, employees, agent s, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, or acting on Contractor’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pa y its subcontractors is an independent obligation from the City’s obligation to make payments to the Contractor.

15. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Fifty-one Dollars and Three Cents ($51.03) per hour, per Crossing Guard during the term of this Agreement. Based on a minimum of nine (9) sites and upon a projected (4,860) hours of service the total cost for the Services under this Agreement shall not exceed Two Hundred Forty -eight Thousand, and Six Dollars ($248,006.00) per year.

16. In order to request payment, Contractor shall submit bi -weekly invoices to the City describing the Services performed and the applicable charges, (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon this Agreement. The information in Contractor’s invoices shall be subject to verification by the City. The City generally processes and pays invoices within thirty (30) days of receipt of Contractor’s properly prepared and accepted invoice.

17. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.

18. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.

5 19. The Services shall be performed by Contractor or under Contractor’s supervision and direction, in accordance with the generally accepted practices, and to the standards of, Contractor’s profession.

Contractor represents and agrees that Contractor shall perform the Services in a competent, timely, and workmanlike/professional manner, in accordance with the requirements of this Agreement.

20. If either party shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., F ederal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To City: To Contractor:
__________________ All City Management Services, Inc.
__________________ Attn: Claudia Than, Contract Specialist __________________ 10440 Pioneer Blvd. Ste. 5
__________________ Santa Fe Springs, CA 90650

Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

21. This Agreement constitutes the complete and exclusive statement of the agreement among the P arties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the part ies hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state of California , without regard to its conflicts of law provisions. Any amendment s to this Agreement must be in writing and signed by the Parties and shall expressly reference and identity this Agreement and state that its purpose is to amend this Agreement. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it.

Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.

Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all o f which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be ac cepted and valid as an original. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

[SIGNATURES FOLLOW ON NEXT PAGE]

6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR

City of Campbell All City Management Services, Inc.

By: _________________________ By: ___________________________ Signature D. Farwell, Corporate Secretary

_________________________
Print Name and Title

Date: __________________________ Date: ___________________________

To: Honorable Mayor and City Council

Date: October 1, 2024
From: Andrea Sanders, City Clerk
Subject: Desk Item 11 – Revised Draft Ordinance

The purpose of this desk item is to provide revisions to incorrect section numbers, and update language in the proposed Ordinance relating to updates the Campbell Municipal Code 3.20.

A redlined version has been attached reflecting the changes.

City of Campbell

MEMORANDUM

City Clerk’s Office

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 3.20 OF THE CAMPBELL MUNICIPAL CODE R EGARDING CITY

MANAGER AWARD THRESHOLDS AND FORMAL SOLICITATION REQUIREMENTS, ADDITION OF SECTION 3.20.1 2010 (PASS-THROUGH PROFESSIONAL SERVICE AGREEMENTS) TO CHAPTER 3.20 AND MODIFYING SECTION 3.20.030 FOR PASS-

THROUGH PROFESSIONAL SERVICE AGREEMENTS

WHEREAS, Campbell Municipal Code C hapter 3.20 establishes the City’s procedures for the purchase, leasing, and disposal of supplies, services, and equipment at the lowest possible cost, and commensurate with the quality needed; and

WHEREAS, Chapter 3.20 sets forth guidelines for purchasing officer, bidding, purchase orders, formal contract procedures, open market procedures, purchases from other agencies, sale of obsolete personal property, alternative bidding procedures, requests for proposals, and authority to enter and execute contracts; and

WHEREAS, Ordinance 2228 clarified sections of Chapter 3 .20 to align with State law, and identified modest changes to the purchasing dollar limits that required City Council action to reflect current market conditions; and

WHEREAS, The recommendation as it pertains to the City Manager’s contract award threshold and current formal solicitation requirements made by Baker Tilly in their Purchasing System Organizational Assessment of the City presented during the June 6, 2023 Council Meeting and research conducted by staff; and

WHEREAS, the City Council desires to adjust the City Manager’s contract award threshold to $100,000 and to modify current formal solicitation requirements and to provide clarifying language to align the sections impacted; and

WHEREAS, on March 5, 2024, City Council discussed a procurement enhancement that would improve and standardize the City’s procedures, as it relates to the expenditure of non-City funds for development projects which require the preparation of specialized technical studies; and

WHEREAS, the City Council desires to add CMC section 3.20.1 210 – Pass-Through Professional Service Agreements to state that “Professional Service Agreements for services to be provided in association with a development project using non-city funds procured from an applicant, may be approved and executed by the City Manager or his designee as referenced in the City’s administrative policy”; and

WHEREAS, the City Council desires to modify CMC section 3.20.030 to include that bidding requirements may be dispensed when the source of funding is procured by non - city funds from an applicant for a development project and when a Professional Service Agreement is executed in accordance with section 3.20.1210;

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

3.20.030 – Bidding

Except as otherwise authorized or required by this chapter, or under state or federal law, purchases of supplies, services and equipment shall be by the bidding procedures specified in Section 3.20.050 of this chapter. The bidding procedures of Section 3.20.050 may be dispensed with when any of the following circumstances exist, unless otherwise required by state and federal law:
1) The estimated value of supplies, services or equipment is less than, or equal to, fifty one hundred thousand dollars, and the procedures set forth in section

3.20.060 are followed;
2) No acceptable bids are received from any responsible bidder, after following the procedures set forth in Section 3.20.050 of this chapter; 3) An emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050; 4) The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
5) The city has elected to purchase supplies, materials or equipment directly from the state of California, the county of Santa Clara or any other California county or municipality pursuant to Section 3.20.070 of this chapter; 6) 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 allowed provided that:

A. The bidding procedures conducted by the agencies identified are reasonably consistent with Section 3.20.050 of this code, and B. The vendor agrees to provide the same low bid price to the city as provided to the awarding agency:
7) The supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor; or 8) The City Council, by a majority vote, determines that it is in the best interest of the public to dispense with the requirements of Section 3.20.050, in which case the City Council shall prescribe the appropriate method of purchase. 9) Where the source of funding is non-city funds procured from a n applicant for a land development project and where a Professional Service Agreement is executed in accordance with section 3.20.1210

In the event that subsections (2), (3), or (4) apply, the purchasing officer may proceed with the purchase in the manner that he or she determines to be in the best interest of the City.

Section 2: Section 3.20.050 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:

3.20.050 – Formal contract procedure

Except as otherwise provided in this chapter, purchases and contract for supplies, services and equipment of estimated fair market value greater than fifty one hundred thousand dollars shall be written contract with the lowest responsible bidder pursuant to the procedure prescribed herein as follows:

1) Approval of Specifications. Specifications shall be approved by the Ccity Ccouncil, the original of which shall be filed in the office of the city clerk. 2) Notice Inviting Bids. The notice inviting bids shall not require authority approval of the City Council for supplies, services, and equipment, when the purchase has been identified and accounted for in the current fiscal year’s adopted budget. In all other cases, Tthe notice inviting bids shall be advertised upon the authority of the Ccity Ccouncil and shall include a general description of the articles to be purchased or services to be performed, shall state where bid blanks and specifications may be secured, form and amount of performance bond, if required, and the time and place for opening bids:

A. Published Notice. Notice inviting bids shall be published one time in a newspaper of general circulation in the city.

B. Bidder’s List. The requesting department shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto.
3) Bidder's Security. The notice for invitation for bids shall prescribe an amount of money to accompany the bid proposal, which is required as the bidder's security.

Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit the bid security upon refusal or failure to execute a contract within ten days after the award of contract has been mailed, unless the city is responsible for the delay. The Ccity Ccouncil may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the Ccity Ccouncil awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
4) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. The opened bids shall be available at all times during business hours for public inspection from the time they are opened until the award has been made by the City Council.
5) Tabulation of Bids. The requesting department shall tabulate all bids received and the City Manager shall recommend to the Ccity Ccouncil, which, in his opinion, is the best and lowest bid
6) Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.:
7) Rejection of Bids. In its description, the City Council may reject any and all bids presented. The City Council may then re-advertise the bids or authorize the City Manager to proceed with the purchase of the materials, services or equipment by negotiation in the open market subject to final approval of purchase by City Council.
8) Tie Bids. If two or more bids received are for the same total amount or unit price, quality or service being equal and if the public interest will not permit the delay of re-advertising for bids, the City Council may accept the one it chooses, or accept the lowest bid made by negotiation with the tie bidders at the meeting at which the award of the bid is to be made.
9) Performance Bonds. The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

3.20.090 – Alternative bidding procedures for public projects – Incorporation of uniform construction of cost accounting procedures

Pursuant to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) of the California Public Contract Code (the “Act PCC") public projects, as defined in the Act PCC (Section 22002), or as those sections may be amended from time to time by the state legislature, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the Act PCC. Notwithstanding any contrary provisions of this chapter, and except as otherwise authoriz ed or required by state or federal law, public projects with a value equal to, or less than, the informal bid limits stipulated in PCC Sections 22032(b) and (c) and 22034(fd), as amended from time to time, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the Act, and pursuant to the following procedures:
a) The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the California Uniform Construction Cost Accounting Commission.
b) All contractors on the list for the category of work being bid and/or all construction trade journals specified by the California Uniform Construction Cost Accounting Commission shall be mailed a notice inviting informal bids unless the product or service is proprietary.
c) All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due. d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of bids.
e) The City Council delegates the authority to award informal contracts to the Public Works Director, City Manager, Building Official, or other appropriate person. f) Before awarding a public project contract, at least three bids must be received unless any of the following occurs:
(i) The product or service is proprietary;
(ii) All of the qualified contractors on the list have been solicited, but less than three bids have been received.
g) Notice inviting informal bids shall be published at least once and publication shall be completed at least twenty-four hours before the time scheduled for opening of the bids.
h) If all bids received are in excess of the informal bid limits stipulated in PCC Section 220342(fb), as amended from time to time, the governing body of the public agency may, by passage of a resolution by a four -fifths vote, award the contract to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable , subject to the limitations of PCC Section 22034(d).
i) Any and all other procedures required by the Cost Accounting Policies and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission, which is incorporated herein by reference.

3.20.091 – Request for proposals (RFP).

3.20.100 – Authority to Enter and Execute Contracts.

(1) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of fifty more than one hundred thousand dollars or more shall be approved by the City Council, and shall be signed on behalf of the City by the Purchasing Officer or Mayor; (2) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of five thousand dollars to forty-nine thousand nine hundred ninety-nine one hundred thousand dollars and ninety-nine cents shall be approved and signed on behalf of the City by the Purchasing Officer; and
(3) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of less than five thousand dollars may be approved and signed by the department head charged with overseeing the contract or the Purchasing Officer.

Section 6: Section 3.20.120 is hereby added to Chapter 3.20 of the Campbell Municipal Code to read:

3.20.1210 – Pass-Through Professional Service Agreements

Professional Service Agreements for services to be provided in association with a land development project using non-city funds procured from an applicant of the development, may be approved and executed by the City Manager or his designee as referenced in the City’s administrative policy.

Section 7: That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.

PASSED AND ADOPTED this ___ day of ___, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

__________________________
Susan M. Landry, Mayor
ATTEST:

________________________________
Andrea Sanders, City Clerk

Campbell City CouncilOctober 1, 2024

Campbell City Council
October 1, 2024