Agenda packet — Capitola City Council, July 23, 2026

REVISED 7/23/2026 AT 4:00 PM
City of Capitola
City Council Meeting Agenda
Thursday, July 23, 2026 – 5:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Morgan
Vice Mayor: Gerry Jensen
Council Members: Joe Clarke, Melinda Orbach, Susan Westman Closed Session – 4:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation (Gov. Code § 54956.9(d)(2), (e)(1) One Case
Regular Meeting of the Capitola City Council – 5 PM

1. Roll Call and Pledge of Allegiance
Council Members Joe Clarke, Melinda Orbach, Susan Westman, Vice Mayor Gerry Jensen, and Mayor Margaux Morgan

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

4. Report on Closed Session

5. Additional Materials
Additional information related to an agenda item on this agenda and submitted to the City after distribution of the agenda packet pursuant to Government Code §54957.5. All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

A. Item 6 - Correspondence Received
B. Item 9B - Correspondence Received
C. Item 9C - Correspondence Received

6. Oral Communications by Members of the Public
1 City Council Meeting Agenda – July 23, 2026
City of Capitola Page 2
Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.

7. Staff / City Council Comments
Comments are limited to three minutes.

8. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances which appear on the public agenda shall be determined to have been read by title and further reading waived.

A. City Council Meeting Minutes
Recommended Action: Approve minutes from the special and regular meetings on June 25, 2026.

B. Declaration of Surplus Vehicles and Authorization for Disposal Recommended Action: Declare the listed City vehicles as surplus property and authorize the City Manager, or designee, to dispose of the vehicles in accordance with Administrative Policy III-8, Surplus Property.

C. Human Resources Information System Agreement
Recommended Action: Authorize the City Manager to execute a three-year agreement with NeoGov in the total amount of $93,523, using a form approved by the City Attorney.

D. PLHA Resolution
Recommended Action: Adopt a resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program Application 5-year plan, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents that are related to the Program or the PLHA grant award.

E. California Highway Patrol Cannabis Tax Fund Grant
Recommended Action: Adopt a resolution accepting a California Highway Patrol Cannabis Tax Fund Grant in the amount of $200,900.32 and amending the FY 2026-27 General Fund operating budget to increase revenues and expenditures by $200,900.32 related to the grant award.

F. Grant Funding for Beach and Wharf Accessibility Improvements Recommended Action: 1) Accept grant funding totaling $43,362.63 through the Beach and Coast Accessibility Program administered by Orange County Coastkeeper and funded by the State Coastal Conservancy; 2) adopt a resolution amending the FY 2026-27 Budget to appropriate grant revenues and expenditures for beach and wharf accessibility improvements; and 3) authorize the City Manager to execute any documents necessary to implement the grantfunded improvements.

G. SUESD ELO-P Services Agreement
Recommended Action: Authorize the City Manager to execute a services and facility agreement between the City of Capitola and the Soquel Union Elementary School District (SUESD) for 2 City Council Meeting Agenda – July 23, 2026
City of Capitola Page 3
Expanded Learning Opportunities Program services and the use of the Opal Cliffs facility for the period of July 1, 2026 through June 30, 2028, with compensation to the City in the amount of $66,000.

H. Park at Rispin Mansion Project Completion
Recommended Action: 1) Accept as complete the Park at Rispin Mansion Project constructed by Betz Works Inc. at a final cost of $1,082,118; 2) authorize the City Clerk to file and record a Notice of Completion; 3) adopt a resolution amending the FY 2026-27 Adopted Budget to allocate $32,838 for final project expenditures; and 4) authorize the release of the contract retention of $52,464 as prescribed in the construction agreement.

9. General Government / Public Hearings
All items listed in “General Government / Public Hearings” are intended to provide an opportunity for public discussion of each item listed. The following procedure pertains to each General Government item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.

A. Public Art Statue: “To Honor the Women of the Water” Recommended Action: 1) Approve the Art and Cultural Commission’s recommendation for a public artwork titled “To Honor the Women of the Water”; and 2) direct staff to pursue a partnership with County Park Friends for a fundraising campaign to fund the fabrication and installation of the statue.

B. Fourth Public Hearing To Receive Community Input and Provide Direction to Staff Regarding the Draft Maps and Sequence of District-Based Elections & Introduction of Ordinance Recommended Action: 1) Conduct a time-certain duly noticed public hearing at 6:15 PM to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections; 2) Select a District Map; 3) Select the Sequencing of the District Seat(s) to be up for election in 2028, 2030, etc.; and 4) Conduct First Reading/Introduce and waive further reading of an ordinance of the City of Capitola amending Chapter 2.04 of Title 2 of the Capitola Municipal Code to provide for the election of City Council Members by four districts with an elected mayor; establish district boundaries and election order for each district; and make other amendments.

C. Bay Avenue Corridor Safety Improvement Priorities
Recommended Action: Receive an update regarding Bay Avenue corridor safety improvements, including proposed pedestrian, bicycle, and roadway safety enhancements; review available and pending funding opportunities; and provide direction regarding implementation priorities and advancement of design.

D. Cliffwood Heights Neighborhood Rehabilitation Project Recommended Action: Approve the proposed planning scope for the Cliffwood Heights Neighborhood Rehabilitation Project and provide additional direction, if any.

E. Transportation Project Coordination and Phasing Overview Recommended Action: Receive a presentation regarding transportation project coordination, interrelationships, and anticipated project phasing and provide direction, if any.

10. Adjournment
The next regularly scheduled City Council meeting is on August 27, 2026, at 6:00 PM. _____________________________________________________
3 City Council Meeting Agenda – July 23, 2026
City of Capitola Page 4
How to View the Meeting
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010.

Other ways to Watch:

Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
How to Provide Comments to the City Council
Members of the public may provide public comments to the City Council in-person during the meeting.

If you are unable to attend in-person, please email your comments to [email protected] and they will be included as a part of the record for the meeting.

Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 6:00 p.m. in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.

Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website and at Capitola City Hall prior to the meeting. Need more information? Contact the City Clerk’s office at 831-475-7300.

Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.

Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 831-475-7300 al menos tres días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected].

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 1
Gautho, Julia
From: Heidy <[email protected]>
Sent: Tuesday, July 21, 2026 8:04 AM
To: City Council
Subject: July 23, 2026 meeting Item 6
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Capitola City Council,
At your June 25, 2025, City Council meeting, I spoke during public comment regarding the Council's reconsideration of its June 11, 2025, decision to adopt four council districts with one at-large elected mayor, with the mayoral election beginning in 2028.

As you'll recall, the June 11 decision was made following a motion, a second, and a unanimous 5-0 vote.

For that reason, I was surprised to watch the matter revisited just two weeks later. During the discussion, Councilmember Orbach noted that councils routinely reconsider prior decisions. While that may be true, there is an important distinction here: this was not a long-standing policy being revisited after new information or changed circumstances. It was a decision the Council made only two weeks earlier.

That circumstance raises a broader procedural issue I hope the Council will consider. When there is a reasonable possibility that the Council may reconsider or reverse a previous action—particularly one of significant public interest—that discussion should be clearly identified as a separate agenda item, rather than embedded within a broader presentation. Doing so provides the public with clear notice and provides residents a meaningful opportunity to participate.

The public should not be expected to parse lengthy staff reports or presentations in hopes of discovering that a previously settled matter may be reopened. If the Council is committed to transparency and meaningful public engagement, agenda descriptions should clearly identify when reconsideration of a prior Council action is being contemplated.

These are precisely the kinds of procedural improvements residents are seeking when they ask their governments to operate openly, transparently, and in a manner that encourages informed public participation.

Best Regards,Heidy Kellison
5 Item 5 A.
1 Gautho, Julia
From: Cami Corvin <[email protected]>
Sent: Saturday, July 18, 2026 8:52 AM
To: City Council; City Council
Subject: Agenda Item 9B – Request for Clarification Regarding District Election Transition Dear Mayor, Council Members, and Staff,
As I reviewed Agenda Item 9B and the accompanying draft ordinance, I had a few questions regarding the proposed transition to district-based elections.

The Frequently Asked Questions document explains that council members elected at-large in 2026 will serve their full four-year terms and that their future re-election will depend on whether they reside in a district scheduled for election in 2028 or 2030. That explanation is helpful.

However, I am still having difficulty understanding how the proposed election sequence transitions from the current at-large system. Specifically, there are currently two at-large council terms scheduled to expire in 2028, yet the staff report and the draft ordinance appear to contemplate one district council election in 2028 and three district council elections in 2030.

In reviewing the draft ordinance, I also noticed that the 2028 provision refers to “district” (singular), while the 2030 provision refers to “districts” (plural), which appears to correspond with the proposed election sequencing. Could staff please explain how the two current council seats that expire in 2028 transition into that proposed schedule and the legal or procedural basis for doing so? Additionally, the staff report references adoption of a district map; however, I was unable to locate the proposed district map in the agenda packet. If the map has not yet been finalized, will it be provided prior to Council’s consideration of the ordinance? If so, it would be very helpful if staff could also provide a simple timeline or diagram illustrating how the current at-large council seats transition to the new district election cycle between the 2026, 2028, and 2030 elections.

I appreciate the significant work that has gone into this process. My questions are simply intended to better understand the proposed transition, and I believe additional clarification would also benefit members of the public reviewing this important item.

Thank you for your time and consideration.

Respectfully,
Cami Corvin
Camilla “Cami” Corvin
Contract Paralegal
6 Item 5 B.
2 Notary Public
Legal Document Assistant
LDA Registration #59
County of Santa Cruz
Corvin’s Legal Services
1840 41st Ave., Suite 205
Capitola, CA 95010
긒긓 408-406-4137
Business Hours:

Monday–Thursday: 11:00 AM – 4:00 PM
Office is closed Friday-Monday.

In-Office Appointments (by appointment only):

Monday–Thursday: 11:00 AM – 2:00 PM
Phone calls and emails received outside business hours will be returned the next business day.

DISCLAIMER TO CONSUMERS: I am not an attorney, cannot give legal advice, and my office is not a law firm. I may only complete documents at your specific direction.

FOR ATTORNEYS: I am a paralegal pursuant to California Business & Professions Code §6450. I provide paralegal services only under contract with a licensed California attorney.

CONFIDENTIALITY NOTICE: This electronic message, including any attachments, is confidential and may contain privileged information under federal and/or state law. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are not authorized to read, share, forward, distribute, copy, or take any action based on its contents. If you have received this communication in error, please notify the sender immediately and delete it from your system.

Sent by mobile device
7 Item 5 B.
1 Gautho, Julia
From: Gautho, Julia
Sent: Monday, July 20, 2026 9:43 AM
To: City Council
Subject: FW: Agenda Item 9B – Request for Clarification Regarding District Election Transition Good Morning, Mayor and City Council Members,
Please see response to email below. Please feel free to reach out if you have any questions, Julia Gautho, CMC
City Clerk
[email protected]
(831) 475-7300 x. 228
From: Gautho, Julia
Sent: Monday, July 20, 2026 9:42 AM
To: 'Cami Corvin' <[email protected]>
Cc: Districts <[email protected]>
Subject: RE: Agenda Item 9B – Request for Clarification Regarding District Election Transition Good Morning, Cami,

Thank you for your email about the City’s 4th public hearing to discuss districting. During our Council meeting on Thursday, staff is recommending that the Council provide input on 2 key pieces of information for inclusion in the draft ordinance: 1) which map shall be included; and 2) the order of which districts will come online in the districting process.

Previously, Council indicated that they wished for the Citywide Mayor to be on the 2028 ballot for a 2-year term. Based on that feedback, this is what is yet to be decided at Thursday’s hearing.  2026 Election (not being decided 7/23): 3 At-Large Council Seats, will term out in 2030.  2028 Election: 1 Mayoral Seat + 1 District Seat (TBD which district – the Council will decide on 7/23)  2030 Election: 3 District Seats + 1 Mayoral Seat (TBD which districts – the Council will decide on 7/23)

The Council is making this decision pursuant to Elections Code Section 10010 and Government Code Section 34886. If the Council wishes to amend the order of sequencing after the ordinance has been adopted, they may do so pursuant to Government Code Section 34906.

The maps that are being considered are available on our website. A link is listed as Attachment 2 to the staff report, but I’ve included it here for your convenience: https://www.cityofcapitola.gov/1009/Map-Submissions

Please let me know if you have any other questions about this item. Best, Julia Gautho, CMC
City Clerk
[email protected]
(831) 475-7300 x. 228
8 Item 5 B.
2 From: Cami Corvin <[email protected]>
Sent: Saturday, July 18, 2026 8:52 AM
To: City Council <[email protected]>; City Council <[email protected]> Subject: Agenda Item 9B – Request for Clarification Regarding District Election Transition Dear Mayor, Council Members, and Staff,
As I reviewed Agenda Item 9B and the accompanying draft ordinance, I had a few questions regarding the proposed transition to district-based elections.

Thank you for your time and consideration.

Respectfully,
Cami Corvin
Camilla “Cami” Corvin
Contract Paralegal
Notary Public
Legal Document Assistant
LDA Registration #59
9 Item 5 B.
3 County of Santa Cruz
Corvin’s Legal Services
1840 41st Ave., Suite 205
Capitola, CA 95010
긒긓 408-406-4137
Business Hours:

Monday–Thursday: 11:00 AM – 4:00 PM
Office is closed Friday-Monday.

In-Office Appointments (by appointment only):

Monday–Thursday: 11:00 AM – 2:00 PM
Phone calls and emails received outside business hours will be returned the next business day.

DISCLAIMER TO CONSUMERS: I am not an attorney, cannot give legal advice, and my office is not a law firm. I may only complete documents at your specific direction.

FOR ATTORNEYS: I am a paralegal pursuant to California Business & Professions Code §6450. I provide paralegal services only under contract with a licensed California attorney.

Sent by mobile device
10 Item 5 B.
1 Gautho, Julia
From: Teresa Green <[email protected]>
Sent: Monday, July 20, 2026 12:12 PM
To: City Council
Subject: District Maps
Follow Up Flag: Follow up
Flag Status: Flagged
I wanted to give comments to the district maps that have been published.

My preferred districts are represented in maps 411, 412, and 415. They are all similar and mostly outline the areas that I believe are appropriate groupings of neighborhoods in Capitola.

They all have the inverted T shape with the Village, Depot Hill, and Bay Avenue corridor. They separate the Capitola Mall area from the Jewel Box and areas south of Capitola Rd, which I prefer (although I don’t live there so others may disagree with that,)
I find map 412 to be the best one. It keeps Carl Ln and Alma Ln within the inverted T. These neighborhoods do not belong in with Cliffwood Heights district. They are across Soquel Creek and a natural ravine from there. Also, this map seems to have a low deviaƟon from ideal, and looks like fairly even distribuƟon of registered voters.

All three of these maps, have an area of concern, that I think should be examined more closely. It is the somewhat triangular area between Rosedale Ave and Highway 1. I know there is a mobile home park in there and maybe that is the reason, but some of that area may be single family homes. Seems to me this area has more affinity to the Bay Avenue corridor than Cliffwood Heights.

Teresa Green
Resident of Capitola
Sent from my iPad
11 Item 5 B.
1 Gautho, Julia
From: Terre Thomas <[email protected]>
Sent: Tuesday, July 21, 2026 11:33 AM
To: City Council
Subject: Voting in the Newly Formed Districts
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Council Members,
My one quesƟon is: How will it be dealt with if no one applies for a city council seat in one (or more) of the districts? Now and in the future? How will someone be chosen?
Hopefully this issue will be dealt with at the meeƟng.

Thank you for your consideraƟon,
Terre Thomas
Sent from my iPhone
12 Item 5 B.
1 Gautho, Julia
From: Gautho, Julia
Sent: Tuesday, July 21, 2026 12:39 PM
To: City Council
Subject: FW: Voting in the Newly Formed Districts
Mayor and Council,
Please see response to quesƟon below. Please feel free to reach out with any quesƟons! Best, Julia Gautho, CMC
City Clerk
City of Capitola | 420 Capitola Ave. | Capitola CA 95010 (831) 475-7300 | [email protected]| cityofcapitola.gov Follow us online: @CityofCapitola -----Original Message-----
From: Gautho, Julia <[email protected]>
Sent: Tuesday, July 21, 2026 12:38 PM
To: Terre Thomas <[email protected]>
Cc: Districts <[email protected]>
Subject: RE: VoƟng in the Newly Formed Districts
Hi Terre,
Thank you for submiƫng a quesƟon related to the districƟng process and for your parƟcipaƟon along the way! If nobody elected to run for a districted City Council seat, the process under CA ElecƟons Code 10225 and 10229 would apply.

The Council may choose to discuss this topic further to adopt addiƟonal policies/procedures that align with state government code once the districƟng ordinance has been adopted.

I hope this helps clarify your quesƟon! Best,
Julia Gautho, CMC
City Clerk
City of Capitola | 420 Capitola Ave. | Capitola CA 95010 (831) 475-7300 | [email protected]| cityofcapitola.gov Follow us online: @CityofCapitola -----Original Message-----
From: Terre Thomas <[email protected]>
Sent: Tuesday, July 21, 2026 11:33 AM
To: City Council <[email protected]>
Subject: VoƟng in the Newly Formed Districts
Dear Council Members,
13 Item 5 B.
2 My one quesƟon is: How will it be dealt with if no one applies for a city council seat in one (or more) of the districts? Now and in the future? How will someone be chosen?
Hopefully this issue will be dealt with at the meeƟng.

Thank you for your consideraƟon,
Terre Thomas
Sent from my iPhone
14 Item 5 B.
1 Gautho, Julia
From: Sylvia Winsby <[email protected]>
Sent: Thursday, July 23, 2026 6:38 PM
To: City Council
Subject: Capitola district maps
Dear council members,
In review of submitted maps with 4 districts, I found it interesting that the three with demographic consultant labeling all maintain a district that has a significantly higher education level, which could be loosely described as the “ocean view” area. One of them, #408, also has significantly higher income level, and also encompasses a lot of ocean view area. Lastly, one of them has significantly decreased income and education levels than the others, #407, with no ocean view area.

There was a public submitted map, #501, with similar districts in its revision by Mark Ban, #416. This map is marked non-congruous, but in his original drawing, does not appear non-congruous. I agree with the focus of vertical division so that all districts have both more affluence and less affluence within them. They have area close to the highway and close to the beach. I say this because it’s my opinion that for the community to come together and work together, we have to have representation that thinks about everybody. So for example, whoever gets elected in a district has to consider everybody within that district not just their neighborhood buddy down the street with the same economic status in life.

Capitola doesn’t have significant Population numbers of differing races, so I think it more logical to look at what really separates people here and that is differing economic status. Furthermore, those that live in the Opal cliff, Depot Hill, or Eastcliff tend to be the ones who also own significant amounts of real estate here, including local business establishments.

Since the council decided to have districts, which I believe a majority of the population did not want in the first place, it seems you have a chance to do something different; you can create districts that actually increase community involvement and have Leaders who are duty bound to serve the whole of their communities.

Thank you for your consideration,
Sylvia Winsby homeowner, 42nd Ave & Jade st area of Capitola 15 Item 5 B.
1 Gautho, Julia
From: Linda Smith <[email protected]>
Sent: Thursday, July 23, 2026 9:19 PM
To: City Council
Subject: Fwd: Tonight's meeting
Sorry for wrong address earlier!
Sent from my iPhone
Begin forwarded message:

From: Linda Smith <[email protected]>
Date: July 23, 2026 at 8:19:18 PM PDT
To: [email protected]
Cc: Douglas Johnson <[email protected]>
Subject: Tonight's meeting
I wasn't able to attend tonight's meeting, but I was able to tap in and watch most of it. You dealt with a lot of issues, and you did the community justice.

Thank you to Susan for recognizing the thorough job done by staff and the demographer as the reason for a lesser public presence for the districting discussion.

Thank you to Margaux for recognizing the importance of keeping small, but tight knit mobile home parks together as a voting community in the districting.

Thank you to Douglas for a balanced, objective, and thoughtful presentation on all the maps submitted and the analysis of each.

It was a big Agenda, and I thank you for the time and energy you expend in reviewing all items, Consent and Public Hearings, and provide the community with a way forward.

I won't jump onto the bandwagon of anxiety for the event at Capitola mall this past week, but I will acknowledge the Chief and her leadership in executing a timely and high quality response to a tragic occurrence.

Respectfully,
Linda Smith
Sent from my iPhone
16 Item 5 B.
1 Gautho, Julia
From: John <[email protected]>
Sent: Friday, July 17, 2026 4:28 PM
To: City Council; City Clerk
Subject: Item C
Follow Up Flag: Follow up
Flag Status: Flagged
Add flex posts to the bike lanes. Helps with the crosswalk being effecƟve too. At the crosswalk put in real bollards. This will guarantee folks show down. The insƟnct is to speed u as the lanes increase and in approaching the highway. Bollards will slow folks down.

As we have learned most of our community cares liƩle for human life if it means waiƟng an extra 30 seconds on traffic.

Let’s be beƩer.

The real clusterf is the bay Capitola intersecƟon. That’s a death trap. It’s very amusing to me how the bike lane disappears to prioriƟze 4 parking spaces on our main school route.

One would think Gayle would insist on a bike lane there as a member of Capitola Cares but maybe that org is a foil. I have no faith in y’all to build this safe and in a way that takes advantage of grants available like the ones for roundabouts.

Add the flex posts and bollards. It’s not worth a dead kid (to me, if you don’t mind a dead kid don’t add the flex posts and bollards).

Warmly JM
17 Item 5 C.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: City Manager Department
Subject: City Council Meeting Minutes
Recommended Action: Approve minutes from the special and regular meetings on June 25, 2026.

Background: Attached for City Council review and approval are the draft minutes from the special meeting and the regular meeting held on June 25, 2026.

Alignment with 2025-2029 Strategic Plan Priority: Accountable Government Attachments:

1. Special Meeting 6/25/2026

2. Regular Meeting 6/25/2026
Report Prepared By: Julia Gautho, City Clerk
Approved By: Jessica Kahn, Acting City Manager
18 Item 8 A.

City of Capitola
Special City Council Meeting Minutes
Thursday, June 25, 2026 – 3:30 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Morgan
Vice Mayor: Gerry Jensen
Council Members: Joe Clarke, Melinda Orbach, Susan Westman

1. Roll Call – The meeting was called to order at 3:30 PM. In attendance: Council Members Clarke, Westman, Vice Mayor Jensen, and Mayor Morgan. Absent: Council Member Orbach.

2. Closed Session
i. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov’t. Code §54956.9(d)(2), (e)(3) One Case
ii. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov’t. Code §54956.9(d)(2), (e)(3) One Case

3. Report on Closed Session – The City Council met and discussed two items on the Closed Session agenda. No reportable action was taken.

4. Adjournment
The meeting adjourned at 4:00 PM. The City Council will hold a regularly scheduled meeting on June 25, 2026, at 4:00 PM.
________________________
Margaux Morgan, Mayor
ATTEST:
______________________
Julia Gautho, City Clerk
19 Item 8 A.

City of Capitola
City Council Meeting Minutes
Thursday, June 25, 2026 – 4:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Margaux Morgan
Vice Mayor: Gerry Jensen
Council Members: Joe Clarke, Melinda Orbach, Susan Westman Regular Meeting of the Capitola City Council – 4 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 4:01 PM. In attendance: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. The Mayor presented a proclamation honoring July 2026 as "Parks Make Life Better" Month to Community Services and Recreation Director Bryant.

B. Council received a presentation from United Way Youth Liaison Program Participant, Josephine McGinty.

4. Additional Materials
A. Item 8A – Three emails received after publication of the agenda packet.

B. Item 8C – Presentation from the Capitola Police Officers Association included after publication of the agenda packet.

C. Item 8E – Fifty-three emails received after publication of the agenda packet.

D. Item 8F – Two emails received after publication of the agenda packet.

5. Oral Communications by Members of the Public
 Linda Smith

6. Staff / City Council Comments
 City Manager Goldstein commended the Community Service and Recreation Department on the Junior Lifeguard competition event.
 Police Chief Ryan introduced Jason Kruse, Parking Enforcement Officer, and Alondra LunaRuiz, Records Technician, to the City Council.  Community and Economic Development Director Herlihy introduced Joe Granda, Building Official, and Mari Pepper, Assistant Planner, to the City Council.  Council Member Clarke commended the Capitola Safety Foundation on the successful Car Show event.
 Council Member Orbach commended the Community Service and Recreation Department on the Junior Lifeguard competition event; and provided an update on the Friends of the Santa Cruz Metro signature gathering effort.
20 Item 8 A.

City Council Meeting Minutes – June 25, 2026
City of Capitola Page 2
 Council Member Westman provided comments on the first anniversary of her appointment and requested: 1) advance notice of and summaries of stakeholder meetings held by staff; 2) that staff provide greater notice and make input surveys more available to the community; 3) regular updates on project progression and opportunities to provide direction on ongoing projects.
 Vice Mayor Jensen provided updates from his attendance at the Santa Cruz Leadership graduation ceremony; commended Visit Santa Cruz on their new office; and provided comments on the departure of Kelly Barreto, a City employee. He requested that the City Manager provide updates on the City website.
 The City Manager advised the public that the City has engaged a new consultant to update the City’s website search function.
 Mayor Morgan thanked staff and other agencies for the collaboration during the large ocean swell events and Junior Lifeguard competition.
 Council Member Westman provided comments on Item 7D.

7. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on June 11, 2026.

B. 2026 Reposa Avenue Pavement Rehabilitation Project – Construction Contract Award Recommended Action: Award a construction contract to Betz Works for the 2026 Reposa Avenue Pavement Rehabilitation Project in the amount of $134,800 and authorize the City Manager to execute the contract.

C. State of California Office of Traffic Safety Grant Program Recommended Action: Adopt a resolution accepting a California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant in the amount of $60,000 and amending the FY 2026-27 General Fund operating budget to increase revenues and expenditures by $60,000. (Resolution No. 4497)
D. Beach Lifeguard Service Organizational Study
Recommended Action: Authorize the City Manager to enter a professional services agreement with Richard Gould in the amount of $5,000 for a Beach Lifeguard Service Organizational Study, the results of which will be presented to City Council.

Motion to approve the Consent Calendar: Council Member Westman Second: Council Member Clarke
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan

8. General Government / Public Hearings
A. Monterey Park Play Space Community Outreach Results and Next Steps Recommended Action: Receive the Monterey Park Play Space outreach results and direct staff to develop a conceptual play space plan on the west side of the park, consistent with the survey outreach results.

Public Works Director Kahn provided the staff report.

Public Comment:
 Speaker
The Council discussed the methodology by which staff obtains community input on projects and how best to allocate funds to achieve conceptual plans for the future of Monterey Park. Council discussed a preference for a small play structure with an 21 Item 8 A.

City Council Meeting Minutes – June 25, 2026
City of Capitola Page 3
investigation into the feasibility of different elements in each area (ie: a walking path and/or bocce ball courts).

Motion to direct staff to prepare a conceptual plan for an adventure/balance/nature-based play structure: Council Member Orbach
Second: Council Member Westman
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, Mayor Morgan
B. FY 2026–27 Salary Schedule
Recommended Action: Adopt a resolution approving the Fiscal Year 2026-27 annual salary adjustments, consistent with the following employment agreements: Association of Capitola Employees, Police Officers Association, Confidential Employees, Mid-Management Employees, Police Captains, the Department Head Compensation Plan, and City Manager Employment Agreement.

Administrative Services Director Malberg provided the staff report.

Public Comment: None
Council thanked staff members for their attendance at the meeting and made comments on employee healthcare contribution costs.

Motion to adopt Resolution No. 4498: Council Member Orbach Second: Council Member Clarke
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan
C. Compliance with Assembly Bill 2561/Government Code Section 3502.3 regarding Vacancies, Recruitment, and Retention Efforts
Recommended Action: Conduct the duly noticed public hearing and receive a report on the City of Capitola’s recruitment and retention efforts.

Administrative Services Director Malberg provided the staff report. In compliance with AB 2561, the Capitola Police Officers’ Association provided a presentation to the Council.

Public Comment: None
D. Capitola Village and Wharf Business Improvement Area Assessments for Fiscal Year 2026-27 Recommended Action: Conduct the duly noticed public hearing and adopt a resolution levying the Fiscal Year 2026-27 Capitola Village and Wharf Business Improvement Area (CVWBIA) Assessments and accepting the CVWBIA Annual Plan and budget.

Administrative Services Director Malberg provided the staff report.

Public Comment: None
Motion to adopt Resolution No. 4499: Council Member Westman Second: Council Member Clarke
Voting Yea: Council Members Clarke, Westman, Vice Mayor Jensen, and Mayor Morgan Abstaining: Council Member Orbach
The Mayor opted to reorder the agenda to accommodate the time-certain public hearing for Item 8F. Items 8G and 8H followed Item 8D, before beginning Item 8F, then Item 8E.

E. City-Owned Property Leasing Policy
22 Item 8 A.

City Council Meeting Minutes – June 25, 2026
City of Capitola Page 4
Recommended Action: Consider a policy to establish a standard frequency to issue requests for proposals for the lease of City-owned property and outlining the process for the lease of Cityowned property.

Chloe Woodmansee, Assistant to the City Manager, provided the staff report.

Public Comment:
 Linda Smith
 Ed Martinez
 Heidy Kellison
 Tina Williams, Boat and Bait
 Peter Kellison
 Speaker
 Cheryl Ban
 Speaker
 Mark Esquibel
 Anthony Guajardo
 Kevin Maguire
 Teresa Green
 Speaker
The Council discussed the City’s existing leases and the benefits they provide to the community and expressed displeasure at the proposed policy.

Motion to not move forward with the administrative leasing policy: Council Member Westman
Second: Council Member Clarke
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan
Council Member Westman clarified her comments about the progression of the meeting.

F. Draft Council District Maps
Recommended Action: 1) Conduct a time-certain duly noticed public hearing at 6:15 PM; 2) receive public input; 3) provide feedback to the demographic consultant regarding the draft Council district boundary maps; and 4) consider designating a preferred map for inclusion in the ordinance that is to be drafted and brought to the Council for possible introduction following the public hearing on this topic on July 23, 2026.

City Clerk Gautho and Doug Johnson, the City’s demographer, provided the staff report.

Public Comment:
 Heidy Kellison
 Marc Warshaw
 Alla Mia Basaldua
 Speaker
 Speaker
 Speaker
 Cheryl Ban
The Council discussed their preferences for maps.
23 Item 8 A.

City Council Meeting Minutes – June 25, 2026
City of Capitola Page 5
G. Presentation Regarding California Public Records Act Requirements and Managing Related Costs
Recommended Action: Receive and file the informational presentation.

City Attorney Tran provided the staff report.

Public Comment:
 Heidy Kellison
Motion to authorize the Mayor to sign a letter in support of AB 1821: Council Member Westman
Second: Council Member Orbach
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan
H. FY 2026-27 City Fee Schedule
Recommended Action: Conduct the duly noticed public hearing on the proposed changes to the City’s Fee Schedule and adopt a resolution approving the Fiscal Year 2026-27 Fee Schedule. (Continued from May 14, 2026)
Administrative Services Director Malberg provided the staff report.

Public Comment:
 Speaker
Motion to adopt Resolution No. 4500: Council Member Orbach Second: Vice Mayor Jensen
Voting Yea: Council Members Clarke, Orbach, Westman, Vice Mayor Jensen, and Mayor Morgan

9. Adjournment – The meeting adjourned at 8:10 PM. The next regularly scheduled City Council meeting is on July 23, 2026, at 6:00 PM.
________________________
Margaux Morgan, Mayor
ATTEST:
______________________
Julia Gautho, City Clerk
24 Item 8 A.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Declaration of Surplus Vehicles and Authorization for Disposal Recommended Action: Declare the listed City vehicles as surplus property and authorize the City Manager, or designee, to dispose of the vehicles in accordance with Administrative Policy III-8, Surplus Property.

Background: The City periodically reviews its fleet inventory to ensure vehicles continue to meet operational needs and that replacement and maintenance costs are managed effectively. As part of the FY 2026-27 fleet review process, staff identified several vehicles that are no longer required for City operations.

Administrative Policy III-8, Surplus Property, requires City Council approval prior to disposal of surplus property with an original purchase price of $1,000 or greater. The policy further provides procedures for the disposal of surplus property, including public auction, sealed bid, trade-in, or transfer when appropriate.

Discussion: Staff has evaluated the City's fleet inventory and determined that the following vehicles no longer have a present or prospective reasonable use for City operations and should be declared surplus.

Year Make Model Use
2016 Ford Explorer Police Department Patrol Vehicle
2006 Honda Civic City Hall Pool Vehicle
2016 Polaris GEM Car Community Service and Recreation
2011 Ford F-250 Public Works Maintenance
In accordance with Administrative Policy III-8, staff recommends declaring these vehicles surplus and authorizing their disposal through public auction, sealed bid, trade-in, or other authorized disposal methods. Staff will coordinate disposal activities and deposit any proceeds into the Equipment Internal Services Fund in accordance with City policy.

Fiscal Impact: The declaration of surplus property does not have a direct fiscal impact. Disposal of the vehicles may generate revenue through sale, auction, trade-in, or other authorized disposition methods.

Any proceeds received will be deposited into the Equipment Internal Services Fund.

Alignment with 2025-2029 Strategic Plan Priority: Accountable Government; Sustainable Infrastructure Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk, Jim Malberg, Administrative Services Director, Marc Tran, City Attorney
Approved By: Jessica Kahn, Acting City Manager
25 Item 8 B.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Administrative Services Department
Subject: Human Resources Information System Agreement
Recommended Action: Authorize the City Manager to execute a three-year agreement with NeoGov in the total amount of $93,523, using a form approved by the City Attorney.

Background: The City has identified the need for a comprehensive Human Resources Information System (HRIS) to modernize and streamline recruitment, onboarding, employee records, performance management, and training administration. Staff evaluated the City's operational needs and determined that an integrated cloud-based solution is necessary to improve efficiency, reduce manual processes, and enhance service delivery.

NeoGov specializes exclusively in cloud-based human resources software designed for state and local government agencies. Its platform provides an integrated suite of applications specifically developed to support public-sector recruitment, onboarding, performance management, learning management, and compliance with government employment practices.

Discussion: NeoGov is widely recognized as a leading provider of cloud-based Human Resources software designed specifically for state and local government agencies. The company's integrated platform supports recruitment, applicant tracking, onboarding, performance management, learning management, and employee records management, providing a comprehensive Human Resources Management System tailored to the unique needs of public agencies.

The proposed agreement will be procured through the Sourcewell Cooperative Purchasing Contract, a nationally recognized cooperative purchasing program that conducts competitive solicitations on behalf of participating public agencies. Utilizing the Sourcewell contract allows the City to leverage competitively awarded pricing and contract terms without conducting its own separate solicitation, consistent with the City's purchasing policies governing cooperative procurements. This approach reduces administrative costs, expedites implementation, and ensures the City receives favorable pricing and contractual protections established through a competitive procurement process.

The proposed agreement includes implementation services, software configuration, employee training, technical support, system maintenance, software updates, and access to NeoGov's cloud-based Human Resources platform.

Implementation of the system will modernize the City's Human Resources operations by providing:
 Online recruitment and applicant tracking;
 Electronic onboarding of new employees;
 Employee performance management;
 Learning management and training tracking;
 Secure electronic personnel records;
26 Item 8 C.
 Automated workflows and reporting capabilities; and
 Regular software updates, cybersecurity enhancements, and technical support.

Staff estimates that, once the contract is approved, the new system’s features will be available to the public (job listings) within a couple of weeks, with all remaining features available internally within two months. Utilizing the Sourcewell Cooperative Purchasing Contract is the most efficient and cost-effective procurement method while providing the City with a proven Human Resources solution from an established leader in public-sector software.

Fiscal Impact: The proposed three-year agreement totals approximately $93,523, including onetime implementation services and annual software subscription fees.

Funding of $34,600 for the first year of the agreement is included in the Fiscal Year 2026-27 Adopted Budget. Annual subscription costs for the remaining term of the agreement will be included in future operating budgets for City Council consideration.

Attachments:

1. Draft Sourcewell Contract

2. NeoGov Proposal and Pricing
Report Prepared By: Jim Malberg, Administrative Services Director Reviewed By: Julia Gautho, City Clerk; Marc Tran, City Attorney; Chloé Woodmansee, Assistant to the City Manager
Approved By: Jessica Kahn, Acting City Manager
27 Item 8 C.
030425-PDMS
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MASTER AGREEMENT #030425
CATEGORY: WƵďůŝĐ^ĂĨĞƚǇ^ŽŌǁĂƌĞ
SUPPLIER: 'ŽǀĞƌŶŵĞŶƚũŽďƐ͘ĐŽŵ/ŶĐ͘
This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Government jobs.com Inc., 2120 Park Place, Suite 100, El Segunda, CA 90245 (Supplier).

Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ.

Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program. ƌƟĐůĞϭ͗
'ĞŶĞƌĂůdĞƌŵƐ
dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů and Supplier and apply to all ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďǇ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ
ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůǇďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůǇ͘dŚĞƐĞƌƟĐůĞϭ
'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) WƵƌƉŽƐĞ͘ Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝǌĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐEŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůǇĂǁĂƌĚĞĚ ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein.
2) /ŶƚĞŶƚ͘ dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘ ϯͿ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐĂƵƚŚŽƌŝƚǇƚŽĂĐĐĞƐƐ
^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘
4) ^ƵƉƉůŝĞƌĐĐĞƐƐ͘ dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶǇ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ "!

#

28 Item 8 C.
030425-PDMS
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^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
5) dĞƌŵ͘ dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞǆƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů Time on July 17, 2029͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞǆƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘ a)
ǆƚĞŶƐŝŽŶƐ͘ Sourcewell and Supplier may agree to up to three ;ϯͿ ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞǇŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-ǇĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) ǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘
b)
ǆĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞǆƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞǆĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘
6) ^ƵƌǀŝǀĂůŽĨdĞƌŵƐ͘ EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶǇƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶǇWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘
7) ^ĐŽƉĞ͘^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶ^ŽůŝĐŝƚĂƟŽŶ #ϬϯϬϰϮϱ͕ĂƚĞŐŽƌǇϯ͘ŽŵƉƌĞŚĞŶƐŝǀĞ^ŽůƵƟŽŶƐ͕ ƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘/Ŷ-sĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗
a) Category 1. WƵďůŝĐ^ĂĨĞƚǇZĞƐƉŽŶƐĞ– AŐĞŶĐǇ^ŝƚƵĂƟŽŶĂůǁĂƌĞŶĞƐƐ͕ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ i) Incident command and management (ŝŶĐŝĚĞŶƚƚƌĂĐŬŝŶŐƌĞƐƉŽŶƐĞĂŶĚƌĞƉŽƌƟŶŐ͕ ǁĞĂƚŚĞƌͬƚƌĂĸĐͬĐŽŶƐƚƌƵĐƟŽŶĐŽŶƐŝĚĞƌĂƟŽŶƐ͕ ƵŶŝƚĂƐƐŝŐŶŵĞŶƚƐĂŶĚƐƚĂĸŶŐ͕ ƚƌĂŝŶŝŶŐĂĐƟǀŝƟĞƐ͕ etc.);
ii) DĂƉƉŝŶŐ;ǀĞƌƟĐĂůůŽĐĂƟŽŶ͕ŝŶĚŽŽƌ͕ŽƵƚĚŽŽƌͿ͖
iii) ƐƐĞƚƚƌĂĐŬŝŶŐĂŶĚůŽĐĂƟŽŶ;ƉĞƌƐŽŶŶĞů͕ǀĞŚŝĐůĞƐ͕ĐŽŶƚƌŽůůĞĚƐƵďƐƚĂŶĐĞƐ͕ĞƋƵŝƉŵĞŶƚ͕ĞƚĐ͘Ϳ͖ iv) ŽŵŵƵŶŝƚǇŶŽƟĮĐĂƟŽŶƐ;ĞǀĂĐƵĂƟŽŶƐ͕ŵŝŶŽƌĐƌŝŵĞƌĞƉŽƌƟŶŐ͕ƐŚĞůƚĞƌŝŶƉůĂĐĞ͕ĞƚĐ͘Ϳ͖ v) One-to-one and one-to-ŵĂŶǇĐŽůůĂďŽƌĂƟŽŶĂŶĚĐŽŽƌĚŝŶĂƟŽŶ;^D^͕ƉƵƐŚƚŽƚĂůŬ͕ǀŝĚĞŽ͕ voice, etc.); and
vi) WƵďůŝĐƐĂĨĞƚǇĨŽĐƵƐĞĚĚĂƚĂĂŶĚĂŶĂůǇƐŝƐĂƉƉůŝĐĂƟŽŶƐ͕ƚŽŝŶĐůƵĚĞďƵƚŶŽƚůŝŵŝƚĞĚƚŽǀŝĚĞŽ͕ ŝŵĂŐĞ͕ĂŶĚƉĂƩĞƌŶĂŶĂůǇƐŝƐ͕ĂĐŽƵƐƟĐĮƌĞĂƌŵƐĚŝƐĐŚĂƌŐĞŝĚĞŶƟĮĐĂƟŽŶ͕ŝŶĐŝĚĞŶƚƌĞƐƉŽŶƐĞ͕ ŝŶǀĞƐƟŐĂƟǀĞůĞĂĚĚĞǀĞůŽƉŵĞŶƚ͕ƉƌĞĚŝĐƟǀĞĂŶĂůǇƐŝƐ͕ĂŶĚŽƚŚĞƌĚĂƚĂƐŽƵƌĐĞŝŶƚĞŐƌĂƟŽŶ͘ b) Category 2. WƵďůŝĐ^ĂĨĞƚǇZĞƐƉŽŶƐĞ– AŐĞŶĐǇKƉĞƌĂƟŽŶƐ͕ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ i) Pre-ŝŶĐŝĚĞŶƚƉůĂŶŶŝŶŐƐŽŌǁĂƌĞ, such as͗
(1) &ŝƌĞƉƌĞǀĞŶƟŽŶƌĞůĂƚĞĚŝŶƐƉĞĐƟŽŶƐĂŶĚĞŶĨŽƌĐĞŵĞŶƚ͖
(2) KƉĞƌĂƟŽŶĂůŵĂŶĂŐĞŵĞŶƚ;ƐĐŚĞĚƵůŝŶŐ͕ƚƌĂŝŶŝŶŐ͕ĐŽŵƉůŝĂŶĐĞ͕ĞƚĐ͘Ϳ͖ĂŶĚ ;ϯͿ ĂƚĂĂŶĂůǇƟĐƐƚŽŝŶĨŽƌŵƐƚĂĸŶŐ, deployment͕ƐƚĂƟŽŶůŽĐĂƟŽŶ͕ďƵĚŐĞƚ͕ĂŶĚŽƚŚĞƌ management decisions.
ii) Incident/post-ŝŶĐŝĚĞŶƚƐŽŌǁĂƌĞ͕such as͗
(1) ͕ZD^ĨŽƌůĂǁĞŶĨŽƌĐĞŵĞŶƚ͕ĮƌĞ͕ĂŶĚ
D^͖
(2)
ůĞĐƚƌŽŶŝĐWĂƟĞŶƚĂƌĞZĞƉŽƌƟŶŐ;ĞWZͿĂŶĚĚĂƚĂƚƌĂŶƐĨĞƌƚŽhospitals; ;ϯͿ ŝŐŝƚĂůĂŶĚƉŚǇƐŝĐĂůĞǀŝĚĞŶĐĞŵĂŶĂŐĞŵĞŶƚ͖
(4) E-ĐŝƚĂƟŽŶƐǇƐƚĞŵƐ͖ĂŶĚ
(5) >ĂǁĞŶĨŽƌĐĞŵĞŶƚĐĂƐĞŵĂŶĂŐĞŵĞŶƚ
c) ĂƚĞŐŽƌǇϯ. ŽŵƉƌĞŚĞŶƐŝǀĞ^ŽůƵƟŽŶƐ
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i) ^ŽůƵƟŽŶƐƚŚĂƚŽīĞƌĂƚůĞĂƐƚŽŶĞ;ϭͿŽƌĂĐŽŵďŝŶĂƟŽŶŽĨƐŽůƵƟŽŶƐĨƌŽŵBOTH Category 1 and Category 2 above.
ŽŵƉůŝŵĞŶƚĂƌǇĞƋƵŝƉŵĞŶƚ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚƐĞƌǀŝĐĞƐŵƵƐƚďĞĚŝƌĞĐƚůǇƌĞůĂƚĞĚƚŽƚŚĞŽīĞƌŝŶŐŽĨ ƐǇƐƚĞŵƐŽƌƐŽůƵƟŽŶƐĚĞƐĐƌŝďĞĚŝŶƐĞĐƟŽŶƐ7)a) – c) ĂďŽǀĞ͘^ŽŌǁĂƌĞƉůĂƞŽƌŵƐŽƌƐŽůƵƟŽŶƐƐŚŽƵůĚ ďĞĂďůĞƚŽŝŶƚĞŐƌĂƚĞǁŝƚŚĂďƌŽĂĚƌĂŶŐĞŽĨŽƚŚĞƌƐŽŌǁĂƌĞĂŶĚŚĂƌĚǁĂƌĞƐŽůƵƟŽŶƐƚŽŝŵƉƌŽǀĞ ĂŶĚͬŽƌĞǆƉĂŶĚĂŐĞŶĐǇĐĂƉĂďŝůŝƟĞƐ͘^ŽƵƌĐĞǁĞůů/^EKdůŽŽŬŝŶŐĨŽƌĂƌƟĮĐŝĂůŝŶƚĞůůŝŐĞŶĐĞ;/Ϳ ĐƵƐƚŽŵŝǌĂƟŽŶ͕ďƵƚƉƵďůŝĐƐĂĨĞƚǇƐŽŌǁĂƌĞǁŝƚŚĞǆŝƐƟŶŐ/ĐĂƉĂďŝůŝƟĞƐŝƐĞůŝŐŝďůĞ͘ 8) /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůƚŽƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚZ&Wis incorporated into this Master ŐƌĞĞŵĞŶƚ͘KŶůǇƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂǇďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
9) /ŶĚĞĮŶŝƚĞYƵĂŶƟƚǇ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚǇŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
10) WƌŝĐŝŶŐ͘ WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌǇĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtĂďůĞƐͿĨŽƌĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ 11) EŽƚƚŽ
ǆĐĞĞĚWƌŝĐŝŶŐ͘ Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇ
ƌĞƋƵĞƐƚĂĚũƵƐƚŵĞŶƚƐƚŽƉƌŝĐŝŶŐĚŝƌĞĐƚůǇĨƌŽŵ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞǆĞĐƵƟŽŶŽĨĂŶǇ ƚƌĂŶƐĂĐƟŽŶ.
12) KƉĞŶDĂƌŬĞƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal. ϭϯͿ ^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗
i) ŽŵƉůŝĂŶĐĞ͘ Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ĂŶĚůŽĐĂůůĂǁƐĂŶĚ ƌĞŐƵůĂƟŽŶƐ͘
ii) >ŝĐĞŶƐĞƐ͘ ƐĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶĂǀĂůŝĚƐƚĂƚƵƐŽŶĂůůƌĞƋƵŝƌĞĚĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůǇĨƌŽŵ Supplier.
iii) ^ƵƉƉůŝĞƌtĂƌƌĂŶƟeƐ͘ ^ƵƉƉůŝĞƌǁĂƌƌĂŶƟĞƐĂƌĞƐĞƚĨŽƌƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐƚŚĞŶ-current Services ŐƌĞĞŵĞŶƚǁŚŝĐŚǁŝůůďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐĂƚ
ŚƩƉƐ͗ͬͬǁǁǁ͘ŶĞŽŐŽǀ͘ĐŽŵͬƐĞƌǀŝĐĞ-ƐƉĞĐŝĮĐĂƟŽŶƐ.
14) ĂŶŬƌƵƉƚĐǇEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůǇŝŶĂďĂŶŬƌƵƉƚĐǇƉƌŽĐĞĞĚŝŶŐ͘ Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůŝĨŝƚĞŶƚĞƌƐĂďĂŶŬƌƵƉƚĐǇ ƉƌŽĐĞĞĚŝŶŐĂƚĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 15) ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ ƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚ ĨƌŽŵƉƌŽŐƌĂŵƐŽƉĞƌĂƚĞĚďǇƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͕ƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞnt, or any "!

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WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ ǁĂƌƌĂŶƚƐƚŚĂƚŝƚǁŝůůƉƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ ĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
16) WƌŽǀŝƐŝŽŶƐĨŽƌŶŽŶ-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚǇƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ ŽƌŽƚŚĞƌĂǁĂƌĚƐ;ƉƉĞŶĚŝǆII ƚŽϮ͘&͘ZΑϮϬϬͿ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů
ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞƐƵďũĞĐƚƚŽ ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ ZĞƋƵŝƌĞŵĞŶƚƐ͕ŽƐƚWƌŝŶĐŝƉůĞƐĂŶĚƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐĨŽƌ&ĞĚĞƌĂůǁĂƌĚƐ͕Ϯ͘&͘Z͘ΑϮϬϬ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ͕ĂůůƌĞĨĞƌĞŶĐĞƐƚŽ͞ĨĞĚĞƌĂů͟ƐŚŽƵůĚďĞŝŶƚĞƌƉƌĞƚĞĚƚŽŵĞĂŶƚŚĞhŶŝƚĞĚ ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ
Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘
i)
Yh>
DW>KzD
EdKWWKZdhE/dz͘
ǆĐĞƉƚĂƐŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘Α
60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůǇĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ ͘&͘Z͘ΑϲϬ-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚ
ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞
ƋƵĂů
ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͟;ϯϬ&ZϭϮϯϭϵ͕ϭϮϵϯϱ͕
ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďǇ
ǆĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ

ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽ
ƋƵĂů
ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕͟ĂŶĚŝŵƉůĞŵĞŶƟŶŐ
ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ ƋƵĂů

ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕ĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ͘͟dŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞŝƐŝŶĐŽƌƉŽƌĂƚĞĚ ŚĞƌĞŝŶďǇƌĞĨĞƌĞŶĐĞ͘
ii) DAVIS-KEd͕^D
E
;ϰϬh͘^͘͘Αϯϭϰϭ-ϯϭϰϴͿ͘ tŚĞŶƌĞƋƵŝƌĞĚďǇĨĞĚĞƌĂů
ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞǆĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďǇŶŽŶ-ĨĞĚĞƌĂů ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭϯϭϰϰ͕ĂŶĚϯϭϰϲ-ϯϭϰϴͿĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕ ͞>ĂďŽƌ^ƚĂŶĚĂƌĚƐWƌŽǀŝƐŝŽŶƐƉƉůŝĐĂďůĞƚŽŽŶƚƌĂĐƚƐŽǀĞƌŝŶŐ&ĞĚĞƌĂůůǇ&ŝŶĂŶĐĞĚĂŶĚƐƐŝƐƚĞĚ ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ďĞƌĞƋƵŝƌĞĚƚŽƉĂǇǁĂŐĞƐƚŽ ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďǇƚŚĞ^ĞĐƌĞƚĂƌǇŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂǇ wages not less than once a week. The non-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƉůĂĐĞĂĐŽƉǇŽĨƚŚĞĐƵƌƌĞŶƚ ƉƌĞǀĂŝůŝŶŐǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶŝƐƐƵĞĚďǇƚŚĞĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌŝŶĞĂĐŚƐŽůŝĐŝƚĂƟŽŶ͘dŚĞ ĚĞĐŝƐŝŽŶƚŽĂǁĂƌĚĂĐŽŶƚƌĂĐƚŽƌƐƵďĐŽŶƚƌĂĐƚŵƵƐƚďĞĐŽŶĚŝƟŽŶĞĚƵƉŽŶƚŚĞĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞ ǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůůƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽ ƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘dŚĞĐŽŶƚƌĂĐƚƐŵƵƐƚĂůƐŽŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŽƉĞůĂŶĚ͞ŶƟ-<ŝĐŬďĂĐŬ͟Đƚ;ϰϬh͘^͘͘ΑϯϭϰϱͿ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ regulaƟŽŶƐ;Ϯϵ͘&͘Z͘Αϯ͕͞ŽŶƚƌĂĐƚŽƌƐĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐŽŶWƵďůŝĐƵŝůĚŝŶŐŽƌWƵďůŝĐtŽƌŬ &ŝŶĂŶĐĞĚŝŶtŚŽůĞŽƌŝŶWĂƌƚďǇ>ŽĂŶƐŽƌ'ƌĂŶƚƐĨƌŽŵƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͟Ϳ͘dŚĞĐƚƉƌŽǀŝĚĞƐƚŚĂƚ ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŽƌƐƵďƌĞĐŝƉŝĞŶƚŵƵƐƚďĞƉƌŽŚŝďŝƚĞĚĨƌŽŵŝŶĚƵĐŝŶŐ͕ďǇĂŶǇ means, any person ĞŵƉůŽǇĞĚŝŶƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͕ĐŽŵƉůĞƟŽŶ͕ŽƌƌĞƉĂŝƌŽĨƉƵďůŝĐǁŽƌŬ͕ƚŽŐŝǀĞƵƉĂŶǇƉĂƌƚŽĨƚŚĞ ĐŽŵƉĞŶƐĂƟŽŶƚŽǁŚŝĐŚŚĞŽƌƐŚĞŝƐŽƚŚĞƌǁŝƐĞĞŶƟƚůĞĚ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůů ƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽƚŚĞĨĞĚĞƌĂůawarding agency. Supplier must comply with all ĂƉƉůŝĐĂďůĞĂǀŝƐ-Bacon Act provisions.
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31 Item 8 C.
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dz^dEZ^d;ϰϬh͘^͘͘ΑϯϳϬϭ-ϯϳϬϴͿ͘
tŚĞƌĞĂƉƉůŝĐĂďůĞ͕ĂůůĐŽŶƚƌĂĐƚƐĂǁĂƌĚĞĚďǇƚŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŝŶĞǆĐĞƐƐŽĨΨϭϬϬ͕ϬϬϬƚŚĂƚ ŝŶǀŽůǀĞƚŚĞĞŵƉůŽǇŵĞŶƚŽĨŵĞĐŚĂŶŝĐƐŽƌůĂďŽƌĞƌƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚ ϰϬh͘^͘͘ΑΑϯϳϬϮĂŶĚϯϳϬϰ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘ΑϱͿ͘ hŶĚĞƌϰϬh͘^͘͘ΑϯϳϬϮŽĨƚŚĞĐƚ͕ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉƵƚĞƚŚĞǁĂŐĞƐŽĨ ĞǀĞƌǇŵĞĐŚĂŶŝĐĂŶĚůĂďŽƌĞƌŽŶƚŚĞďĂƐŝƐŽĨĂƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŽĨϰϬŚŽƵƌƐ͘tŽƌŬŝŶĞǆĐĞƐƐŽĨ ƚŚĞƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŝƐƉĞƌŵŝƐƐŝďůĞƉƌŽǀŝĚĞĚƚŚĂƚƚŚĞǁŽƌŬĞƌŝƐĐŽŵƉĞŶƐĂƚĞĚĂƚĂƌĂƚĞŽĨŶŽƚ ůĞƐƐƚŚĂŶŽŶĞĂŶĚĂŚĂůĨƟŵĞƐƚŚĞďĂƐŝĐƌĂƚĞŽĨƉĂǇĨŽƌĂůůŚŽƵƌƐǁŽƌŬĞĚŝŶĞǆĐĞƐƐŽĨϰϬŚŽƵƌƐŝŶ ƚŚĞǁŽƌŬǁĞĞŬ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϰϬh͘^͘͘ΑϯϳϬϰĂƌĞĂƉƉůŝĐĂďůĞƚŽĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĂŶĚ ƉƌŽǀŝĚĞƚŚĂƚŶŽůĂďŽƌĞƌŽƌŵĞĐŚĂŶŝĐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽǁŽƌŬŝŶƐƵƌƌŽƵŶĚŝŶŐƐŽƌƵŶĚĞƌǁŽƌŬŝŶŐ ĐŽŶĚŝƟŽŶƐǁŚŝĐŚĂƌĞƵŶƐĂŶŝƚĂƌǇ͕ŚĂǌĂƌĚŽƵƐŽƌĚĂŶŐĞƌŽƵƐ͘dŚĞƐĞƌĞƋƵŝƌĞŵĞŶƚƐĚŽŶŽƚĂƉƉůǇƚŽ the purchases ŽĨƐƵƉƉůŝĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌĂƌƟĐůĞƐŽƌĚŝŶĂƌŝůǇĂǀĂŝůĂďůĞŽŶƚŚĞŽƉĞŶŵĂƌŬĞƚ͕Žƌ ĐŽŶƚƌĂĐƚƐĨŽƌƚƌĂŶƐƉŽƌƚĂƟŽŶŽƌƚƌĂŶƐŵŝƐƐŝŽŶŽĨŝŶƚĞůůŝŐĞŶĐĞ͘dŚŝƐƉƌŽǀŝƐŝŽŶŝƐŚĞƌĞďǇŝŶĐŽƌƉŽƌĂƚĞĚ ďǇƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůů ŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚ ĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
iv) Z/',d^dK/Es
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D
Ed͘ /ĨƚŚĞĨĞĚĞƌĂů
ĂǁĂƌĚŵĞĞƚƐƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͟ƵŶĚĞƌϯϳ͘&͘Z͘ΑϰϬϭ͘Ϯ;ĂͿĂŶĚƚŚĞƌĞĐŝƉŝĞŶƚ ŽƌƐƵďƌĞĐŝƉŝĞŶƚǁŝƐŚĞƐƚŽĞŶƚĞƌŝŶƚŽĂĐŽŶƚƌĂĐƚǁŝƚŚĂƐŵĂůůďƵƐŝŶĞƐƐĮƌŵŽƌŶŽŶƉƌŽĮƚ ŽƌŐĂŶŝǌĂƟŽŶƌĞŐĂƌĚŝŶŐƚŚĞƐƵďƐƟƚƵƟŽŶŽĨƉĂƌƟĞƐ͕ĂƐƐŝŐŶŵĞŶƚŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨĞǆƉĞƌŝŵĞŶƚĂů͕ ĚĞǀĞůŽƉŵĞŶƚĂů͕ŽƌƌĞƐĞĂƌĐŚǁŽƌŬƵŶĚĞƌƚŚĂƚ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͕͟ƚŚĞƌĞĐŝƉŝĞŶƚŽƌƐƵďƌĞĐŝƉŝĞŶƚ ŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϯϳ͘&͘Z͘ΑϰϬϭ͕͞ZŝŐŚƚƐƚŽ/ŶǀĞŶƟŽŶƐDĂĚĞďǇEŽŶƉƌŽĮƚ KƌŐĂŶŝǌĂƟŽŶƐĂŶĚ^ŵĂůůƵƐŝŶĞƐƐ&ŝƌŵƐhŶĚĞƌ'ŽǀĞƌŶŵĞŶƚ'ƌĂŶƚƐ͕ŽŶƚƌĂĐƚƐĂŶĚŽŽƉĞƌĂƟǀĞ ŐƌĞĞŵĞŶƚƐ͕͟ĂŶĚĂŶǇŝŵƉůĞŵĞŶƟŶŐƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚďǇƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘^ƵƉƉůŝĞƌ ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůůŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐ ƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ v) >
E/Zd;ϰϮh͘^͘͘ΑϳϰϬϭ-ϳϲϳϭY͘ͿEd,
&

Z>td
ZWK>>hd/KE
KEdZK>d;ϯϯh͘^͘͘ΑϭϮϱϭ-ϭϯϴϳͿ͘ ŽŶƚƌĂĐƚƐĂŶĚƐƵďŐƌĂŶƚƐŽĨĂŵŽƵŶƚƐŝŶĞǆĐĞƐƐŽĨ ΨϭϱϬ͕ϬϬϬƌĞƋƵŝƌĞƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚƚŽĂŐƌĞĞƚŽĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ͕ŽƌĚĞƌƐ ŽƌƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚƉƵƌƐƵĂŶƚƚŽƚŚĞůĞĂŶŝƌĐƚ;ϰϮh͘^͘͘ΑϳϰϬϭ- ϳϲϳϭƋͿĂŶĚƚŚĞ&ĞĚĞƌĂů tĂƚĞƌWŽůůƵƟŽŶŽŶƚƌŽůĐƚĂƐĂŵĞŶĚĞĚ;ϯϯh͘^͘͘ΑϭϮϱϭ- ϭϯϴϳͿ͘sŝŽůĂƟŽŶƐŵƵƐƚďĞƌĞƉŽƌƚĞĚƚŽ ƚŚĞ&ĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇĂŶĚƚŚĞZĞŐŝŽŶĂůKĸĐĞŽĨƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ
;
WͿ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
vi)
ZD
EdE^h^W
E^/KE;
y
hd/s
KZ
Z^ϭϮϱϰϵEϭϮϲϴϵͿ͘ A contract
ĂǁĂƌĚ;ƐĞĞϮ͘&͘Z͘ΑϭϴϬ͘ϮϮϬͿŵƵƐƚŶŽƚďĞŵĂĚĞƚŽƉĂƌƟĞƐůŝƐƚĞĚŽŶƚŚĞŐŽǀĞƌŶŵĞŶƚǁŝĚĞ ĞǆĐůƵƐŝŽŶƐŝŶƚŚĞ^ǇƐƚĞŵĨŽƌǁĂƌĚDĂŶĂŐĞŵĞŶƚ;^DͿ͕ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞKDŐƵŝĚĞůŝŶĞƐ ĂƚϮ͘&͘Z͘ΑϭϴϬƚŚĂƚŝŵƉůĞŵĞŶƚ
ǆĞĐƵƟǀĞKƌĚĞƌƐϭϮϱϰϵ;ϯ͘&͘Z͘ΑϭϵϴϲŽŵƉ͕͘Ɖ͘ϭϴϵͿĂŶĚ ϭϮϲϴϵ;ϯ͘&͘Z͘ΑϭϵϴϵŽŵƉ͕͘Ɖ͘ϮϯϱͿ͕͞ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘͟^D ǆĐůƵƐŝŽŶƐĐŽŶƚĂŝŶƐ
ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞǆĐůƵĚĞĚďǇĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌǇŽƌƌĞŐƵůĂƚŽƌǇĂƵƚŚŽƌŝƚǇŽƚŚĞƌƚŚĂŶ ǆĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘
^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ ĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďǇĂŶǇĨĞĚĞƌĂů department or agency.
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#

32 Item 8 C.
030425-PDMS
v052824 6
vii) BYRD ANTI->Kz/E'D
ED
Ed͕^D
E
;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must
ĮůĞĂŶǇƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂǇ ĂŶǇƉĞƌƐŽŶŽƌŽƌŐĂŶŝǌĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨ ĂŶǇĂŐĞŶĐǇ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨŽŶŐƌĞƐƐ͕ŽƌĂŶĞŵƉůŽǇĞĞŽĨĂ ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶǇŽƚŚĞƌ ĂǁĂƌĚĐŽǀĞƌĞĚďǇϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶǇůŽďbying with non-ĨĞĚĞƌĂůĨƵŶĚƐ ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ ƌĞƋƵŝƌĞĚďǇ͕ĂŶĚŽƚŚĞƌǁŝƐĞĐŽŵƉůǇǁŝƚŚ͕ƚŚĞǇƌĚŶƟ->ŽďďǇŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ viii) Z
KZZ
d
Ed/KEZ
Yh/Z
D
Ed^͘To the extent applicable, Supplier must comply
ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďǇϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯǇĞĂƌƐĂŌĞƌ grantees or ƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞǆƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůǇŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůŽƐĞĚ͘ ix)
E
Z'zWK>/zEKE^
Zsd/KEdKDW>/E
͘ To the extent applicable,
^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌǇƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐǇĞĸĐŝĞŶĐǇ ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐǇĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŶĞƌŐǇ
WŽůŝĐǇĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘
x) hzD
Z/EWZKs/^/KE^KDW>/E
͘ To the extent applicable, Supplier must
ĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞƵǇŵĞƌŝĐĂŶĐƚ͘WƵƌĐŚĂƐĞƐŵĂĚĞŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚƚŚĞƵǇŵĞƌŝĐĂŶĐƚŵƵƐƚĨŽůůŽǁƚŚĞĂƉƉůŝĐĂďůĞƉƌŽĐƵƌĞŵĞŶƚƌƵůĞƐĐĂůůŝŶŐĨŽƌĨƌĞĞĂŶĚ ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘
xi)
^^dKZ
KZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŚĂƚĚƵůǇĂƵƚŚŽƌŝǌĞĚ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐǇŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶǇďŽŽŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůǇƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞǆĂŵŝŶĂƟŽŶƐ͕ĞǆĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůǇĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘
xii) WZKhZ
D
EdK&Z
Ks
Z
Dd
Z/>^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϮϮͿ͘A non-ĨĞĚĞƌĂůĞŶƟƚǇ
ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐǇŽƌĂŐĞŶĐǇŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ĐŽŵƉůǇǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďǇƚŚĞZĞƐŽƵƌĐĞ ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌǇĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůǇŝƚĞŵƐ ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞ
ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ;
WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ
ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a ƐĂƟƐĨĂĐƚŽƌǇůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞǆĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚǇĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůǇĞĂƌĞǆĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ solid waste management services in a mĂŶŶĞƌƚŚĂƚŵĂǆŝŵŝǌĞƐĞŶĞƌŐǇĂŶĚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌǇ͖ ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ ŝĚĞŶƟĮĞĚŝŶƚŚĞ
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#

33 Item 8 C.
030425-PDMS
v052824 7
xiv) EKK>/'d/KEz&

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dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘ 1) ƵƚŚŽƌŝǌĞĚ^ĞůůĞƌƐ͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ ^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝǌĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂǇĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂǇƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘ 2) WƌŽĚƵĐƚĂŶĚWƌŝĐĞŚĂŶŐĞƐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵĂǇƌĞƋƵĞƐƚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges, ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶǇƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďǇƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗ "!

#

34 Item 8 C.
030425-PDMS
v052824 8
x /ĚĞŶƟĨǇƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖
x ůĞĂƌůǇƐƉĞĐŝĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖
x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x /ŶĚŝǀŝĚƵĂůůǇůŝƐƚĂůů/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕ ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘ ĨƵůůǇĞǆĞĐƵƚĞĚ^ŽƵƌĐĞǁĞůůWƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵǁŝůůďĞĐŽŵĞĂŶĂŵĞŶĚŵĞŶƚƚŽ ƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďǇƌĞĨĞƌĞŶĐĞ͘
ϯͿ ƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝǌĞĚ ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗
x DĂŝŶƚĞŶĂŶĐĞĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͖
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ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůǇ chain issues, customer issues, and ĂŶǇŽƚŚĞƌŶĞĐĞƐƐĂƌǇŝŶĨŽƌŵĂƟŽŶ͘
5) ^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ ^ƵƉƉůŝĞƌŝƐƌĞƋƵŝƌĞĚĂƐĂŵĂƚĞƌŝĂůĞůĞŵĞŶƚƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽ ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ
provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ this Agreement.
6) ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚǇƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ ĐŽŵƉůĞƚĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂǇƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕ Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘ dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇEĂŵĞ;Ğ͘Ő͕͘ŝƚǇŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂǇĞƉĂƌƚŵĞŶƚͿ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇWŚǇƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝƚǇ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝƉͬWŽƐƚĂůŽĚĞ͖
x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇAccount Number;
x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖
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x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖
x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ
x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝǌĞĚĂƐƌĞǀĞŶƵĞďǇ^ƵƉƉůŝĞƌ͘ /Ĩcollected by Supplier, ƚŚĞZĞƉŽƌƚŵĂǇŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗ x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚEĂŵĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚ
ŵĂŝůĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖
7) ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ ǁŝůůƉĂǇĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ
ƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚin its proposed pricing. ^ƵƉƉůŝĞƌŵĂǇŶŽƚĚŝƌĞĐƚůǇĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘
8) &ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂǇĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů. 9) &ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĐůŽƐĞ ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂǇŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement number in the memo; and must be either mailed to Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ ŝŶƐƚƌƵĐƟŽŶƐ͘
10) EŽŶĐŽŵƉůŝĂŶĐĞ͘ Sourcewell reserves the right to seek all remedies available ĂƚůĂǁĨŽƌƵŶƉĂŝĚŽƌ ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂǇŵĞŶƚ͕ĚĞůŝŶƋƵĞŶƚ payments͕ƵŶĚĞƌƉĂǇŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞ ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂǇƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ ĨƵƚƵƌĞŐƌĞĞŵĞŶƚƐ͘
11) ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘ Pursuant to Minn. Stat. Α 16C.05, subdivision 5, the books, records, ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ ĞǆĂŵŝŶĂƟŽŶďǇ^ŽƵƌĐĞǁĞůůand ƚŚĞDŝŶŶĞƐŽƚĂ^ƚĂƚĞƵĚŝƚŽƌĨŽƌĂŵŝŶŝŵƵŵŽĨƐŝǆǇĞĂƌƐĨƌŽŵƚŚĞĞŶĚ ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůǇĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩĂŶĐĞŽĨ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶ ŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂǇďĞƌĞƋƵĞƐƚĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇŽƌ
Sourcewell. ^ŽƵƌĐĞǁĞůůƐŚĂůůƵƐĞĐŽŵŵĞƌĐŝĂůůǇƌĞĂƐŽŶĂďůĞĞīŽƌƚƚŽƉƌŽǀŝĚĞ Supplier with ŶŽƟĐĞŽĨ ĂƵĚŝƚϯϬĚĂǇƐŝŶĂĚǀĂŶĐĞ͘^ƵĐŚĂƵĚŝƚƐƐŚĂůůŽĐĐƵƌŝŶĂŵĂŶŶĞƌƚŚĂƚĚŽĞƐŶŽƚƵŶƌĞĂƐŽŶĂďůǇŝŶƚĞƌĨĞƌĞ ǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐŽƉĞƌĂƟŽŶƐ͘
12) ƐƐŝŐŶŵĞŶƚ͕dƌĂŶƐĨĞƌ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘^ƵƉƉůŝĞƌŵĂǇŶŽƚĂƐƐŝŐŶŽƌŽƚŚĞƌǁŝƐĞƚƌĂŶƐĨĞƌŝƚƐ ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕ ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞZesponsible Party and named in the Agreement. Any prohibited "!

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ĂƐƐŝŐŶŵĞŶƚŝƐŝŶǀĂůŝĚ͘hƉŽŶƌĞƋƵĞƐƚ ^ŽƵƌĐĞǁĞůůŵĂǇŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘ &ŽƌƉƵƌƉŽƐĞƐŽĨĐůĂƌŝƚǇ͕ĂŶǇŵĞƌŐĞƌ͕ĐŽŶƐŽůŝĚĂƟŽŶ͕Žƌ ƌĞŽƌŐĂŶŝǌĂƟŽŶŝŶǀŽůǀŝŶŐSupplier ;ƌĞŐĂƌĚůĞƐƐŽĨǁŚĞƚŚĞƌSupplier is a surviving or disappearing ĞŶƟƚǇͿǁŝůůŶŽƚďĞĐŽŶƐŝĚĞƌĞĚĂƚƌĂŶƐĨĞƌŽĨƌŝŐŚƚƐ͕ŽďůŝŐĂƟŽŶƐ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͕ and Supplier will not be obligated to ŽďƚĂŝŶĐŽŶƐĞŶƚĨƌŽŵSourcewell; however, Supplier shall ƉƌŽǀŝĚĞƌĞĂƐŽŶĂďůĞŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůĂŌĞƌ ƐĂŝĚƚƌĂŶƐĨĞƌ. ϭϯͿ ŵĞŶĚŵĞŶƚƐ͘ ŶǇŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞǆĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůǇĞǆĞĐƵƚĞĚďǇƚŚĞƉĂƌƟĞƐ. 14) tĂŝǀĞƌ͘ Failure by Sourcewell to ĞŶĨŽƌĐĞany right under this Agreement will not be deemed a waiver ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ right.
15) ŽŵƉůĞƚĞŐƌĞĞŵĞŶƚ͘ dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ ĨŽƌ ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂǇĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůǇƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint ǀĞŶƚƵƌĞ͕ŽƌĂŶǇŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽǇĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or principal-agent.
17) /ŶĚĞŵŶŝĮĐĂƟŽŶ͘ ^ƵƉƉůŝĞƌŵƵƐƚŝŶĚĞŵŶŝĨǇ͕ĚĞĨĞŶĚ͕ƐĂǀĞ͕ĂŶĚŚŽůĚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐƚŚĞŝƌ ĞŵƉůŽǇĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶǇĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞǇƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďǇ ^ŽƵƌĐĞǁĞůů͕ĂƌŝƐŝŶŐŽƵƚŽĨĂŶǇďƌĞĂĐŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ ŽƌǁŝůůĨƵůŵŝƐĐŽŶĚƵĐƚ ŝŶƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨ ƚŚŝƐŐƌĞĞŵĞŶƚďǇƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽǇĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌǇŽƌ death to person(s) or real, tangible ƉƌŽƉĞƌƚǇĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďǇƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞ ŽĨ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚǇ ǁŝůůďĞŐŽǀĞƌŶĞĚďǇƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚǇĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚ other applicable law.
18) >ŝŵŝƚĂƟŽŶŽĨ>ŝĂďŝůŝƚǇ͘
ǆĐĞƉƚĨŽƌĚĂŵĂŐĞƐĂƌŝƐŝŶŐŽƵƚŽĨůŝĂďŝůŝƚǇǁŚŝĐŚĐĂŶŶŽƚďĞůĂǁĨƵůůǇĞǆĐůƵĚĞĚ or limited, ^ƵƉƉůŝĞƌ͛ƐůŝĂďŝůŝƚǇƐŚĂůůŶŽƚĞǆĐĞĞĚƚŚĞĂŵŽƵŶƚŽĨĂůůƉĂǇŵĞŶƚƐĂĐƚƵĂůůǇpaid by the WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ to Supplier related to the event giving rise to such liability in the 12 month period ƉƌĞĐĞĚŝŶŐƚŚĞĚĂƚĞŽĨƚŚĞĮƌƐƚĞǀĞŶƚŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚůŝĂďŝůŝƚǇ͘NeithĞƌƉĂƌƚǇǁŝůůďĞůŝĂďůĞĨŽƌĂŶǇ ƐƉĞĐŝĂů͕ƉƵŶŝƟǀĞ͕ŝŶĚŝƌĞĐƚ͕ŽƌĐŽŶƐĞƋƵĞŶƟĂůĚĂŵĂŐĞƐŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽůŽƐƐŽƌĚĂŵĂŐĞƚŽ ĚĂƚĂ͕ŽƌůŽƐƐŽĨĂŶƟĐŝƉĂƚĞĚƌĞǀĞŶƵĞŽƌƉƌŽĮƚƐ͕ǁŚĞƚŚĞƌŽƌŶŽƚĨŽƌĞƐĞĞĂďůĞĂŶĚǁŚĞƚŚĞƌŽƌŶŽƚƚŚĞ ƉĂƌƚǇŚĂƐďĞĞŶĂĚǀŝƐĞĚŽĨƚŚĞƉŽƐƐŝďŝůŝƚǇŽĨĚĂŵĂŐĞƐ͘
19) ĂƚĂWƌĂĐƟĐĞƐ͘ Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota 'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵĂǇďĞƐƵďũĞĐƚƚŽƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐ chapter.
20) 'ƌĂŶƚŽĨ>ŝĐĞŶƐĞ͘
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a) ƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͗
i) ^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ-exclusive ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďǇ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ Agreement with Supplier.
ii) ^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶĞǆĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ Sourcewell.
b) >ŝŵŝƚĞĚZŝŐŚƚŽĨ^ƵďůŝĐĞŶƐĞ͘ dŚĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞŐƌĂŶƚĞĚŚĞƌĞŝŶŝŶĐůƵĚĞƐĂůŝŵŝƚĞĚƌŝŐŚƚŽĨĞĂĐŚ ƉĂƌƚǇƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕ ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůǇ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛ ƌĞůĂƟŽŶƐŚŝƉ͘ŶǇƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘

ĂĐŚƉĂƌƚǇǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶǇďƌĞĂĐŚŽĨƚŚŝƐƐĞĐƟŽŶ bǇĂŶǇŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ sublicensees.
c) hƐĞ͖YƵĂůŝƚǇŽŶƚƌŽů͘
i) EĞŝƚŚĞƌƉĂƌƚǇŵĂǇĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ ĐŽŵƉůǇǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ. ii)
ĂĐŚƉĂƌƚǇĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚǇ͛Ɛ ƚƌĂĚĞŵĂƌŬƐŽŶůǇŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚǇ͛ƐƵƐĞŽĨ ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘
ĂĐŚƉĂƌƚǇŵĂǇŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚǇǁŝůůŚĂǀĞϯϬĚĂǇƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ the issue or the license/sublicense will be terminated. d) dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶǇƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚǇ͕ŝŶĐůƵĚŝŶŐ WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂǇƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞǆĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed ĐĂƚĂůŽŐŽĨ ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂǇďĞƵƐĞĚƵŶƟůƚŚĞŶĞǆƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ ^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘
21) sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůǇ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů ůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂǁŝůůŐŽǀĞƌŶƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘sĞŶƵĞ ĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌǁŝůůďĞŝŶ ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůǇƚŽĂŶǇ ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 22) ^ĞǀĞƌĂďŝůŝƚǇ͘ /ĨĂŶǇƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďǇĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ ƉƌŽǀŝƐŝŽŶ͘/ĨƚŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĐĂƉĂďůĞŽĨďĞŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ ďǇƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůǇƉĞƌĨŽƌŵĞĚ͘ ϮϯͿ /ŶƐƵƌĂŶĐĞŽǀĞƌĂŐĞ͘ At its own expense, Supplier must maintain valid insurance policy(ies) during ƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶƐƵƌĂŶĐĞĐŽŵƉĂŶǇ;ŝĞƐͿůŝĐĞŶƐĞĚŽƌĂƵƚŚŽƌŝǌĞĚƚŽĚŽ "!

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ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D
^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽǀĞƌĂŐĞĂŶĚ
ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗
a) ŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ/ŶƐƵƌĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕ with coverage on an occurrence basis, and must be subject to terms no less broad than the /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝǀĂůĞŶƚ͘ƚĂŵŝŶŝŵƵŵ͕ĐŽǀĞƌĂŐĞŵƵƐƚŝŶĐůƵĚĞůŝĂďŝůŝƚǇĂƌŝƐŝŶŐĨƌŽŵƉƌĞŵŝƐĞƐ͕ ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůǇŝŶũƵƌǇĂŶĚƉƌŽƉĞƌƚǇĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐtual liability, blanket contractual liability, and ƉĞƌƐŽŶĂůŝŶũƵƌǇĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌǇ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ ďĞŵĂŝŶƚĂŝŶĞĚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐAgreement.
x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůǇ/ŶũƵƌǇĂŶĚWƌŽƉĞƌƚǇĂŵĂŐĞ x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌǇ
x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚǇ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ
b) ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞǆĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ ^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞǆƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐǇ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an ĂůƚĞƌŶĂƟǀĞŵĂŶŶĞƌĂƐĚŝƌĞĐƚĞĚďǇ^ŽƵƌĐĞǁĞůů͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďǇĂƉĞƌƐŽŶ ĂƵƚŚŽƌŝǌĞĚďǇƚŚĞŝŶƐƵƌĞƌ;ƐͿƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶƚŚĞŝƌďĞŚĂůĨ͘ &ĂŝůƵƌĞŽĨ^ƵƉƉůŝĞƌƚŽŵĂŝŶƚĂŝŶƚŚĞ ƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂǇĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘ c) ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚ
ŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌǇĂŶĚEŽŶ-ĐŽŶƚƌŝďƵƚŽƌǇ/ŶƐƵƌĂŶĐĞůĂƵƐĞ͘ Supplier ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŶĚĞŵƉůŽǇĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƵŶĚĞƌ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚǇŝŶƐƵƌĂŶĐĞƉŽůŝĐǇǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚǇĂƌŝƐŝŶŐŽƵƚŽĨ ĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌĨŽƌŵĞĚďǇŽƌŽŶďĞŚĂůĨŽĨ^ƵƉƉůŝĞƌ͕ĂŶĚƉƌŽĚƵĐƚƐĂŶĚ ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘
d) tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ ^ƵƉƉůŝĞƌǁĂŝǀĞƐĂŶĚŵƵƐƚƌĞƋƵŝƌĞ;ďǇĞŶĚŽƌƐĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞͿĂůůŝƚƐ ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ paid under the 'ĞŶĞƌĂů>ŝĂďŝůŝƚǇĂŶĚtŽƌŬĞƌ͛ƐŽŵƉĞŶƐĂƟŽŶƉŽůŝĐŝĞƐƌĞƋƵŝƌĞĚďǇƚŚŝƐŐƌĞĞŵĞŶƚ or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all ĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶǇŽƚŚĞƌŝŶƐƵƌĂŶĐĞ maintained by the Supplier or its sƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďǇůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞ ƐŝŵŝůĂƌǁƌŝƩĞŶĞǆƉƌĞƐƐǁĂŝǀĞƌƐŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐ subcontractors.
e) hŵďƌĞůůĂͬ
ǆĐĞƐƐ>ŝĂďŝůŝƚǇͬ^
>&-/E^hZ
Z
d
Ed/KE͘ dŚĞůŝŵŝƚƐƌĞƋƵŝƌĞĚďǇƚŚŝƐAgreement can
ďĞŵĞƚďǇĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌǇƉŽůŝĐǇŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞǆĐĞƐƐůŝĂďŝůŝƚǇ ƉŽůŝĐǇ;ŝĞƐͿ͕ŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘
24) dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60 ĐĂůĞŶĚĂƌĚĂǇƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚǇ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
"!

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25) dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ Either party ŵĂǇƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ material breach to the other Party͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞ ƚŚĞŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞbreaching Party ǁŝůůŚĂǀĞϯϬ ĐĂůĞŶĚĂƌĚĂǇƐŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
ƌƟĐůĞϯ͗
^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇǁŚĞŶĞŶƚĞƌŝŶŐ
ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ ĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ ϯ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) YƵŽƚĞƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘ ^ƵƉƉůŝĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽƉƌŽǀŝĚĞĂůůƉƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ ƌĞŐĂƌĚŝŶŐƚŚĞƚŽƚĂůĐŽƐƚŽĨĂĐƋƵŝƐŝƟŽŶǁŚĞŶƋƵŽƟŶŐƚŽĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ͘^ƵƉƉůŝĞƌƐĂŶĚ
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ŶƟƚǇŵĂǇŶĞŐŽƟĂƚĞĮŶĂůƚĞƌŵƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞ
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ŶƟƚǇŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŶŽƟĨǇŝŶŐƐƵƉƉůŝĞƌŽĨŝƚƐƚĂǆ-exempt status and ĨŽƌƉƌŽǀŝĚŝŶŐ^ƵƉƉůŝĞƌǁŝƚŚĂŶǇǀĂůŝĚƚĂǆ-ĞǆĞŵƉƟŽŶĐĞƌƟĮĐĂƟŽŶ;ƐͿŽƌƌĞůĂƚĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘ 4) KƌĚĞƌŝŶŐWƌŽĐĞƐƐĂŶĚWĂǇŵĞŶƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƌĚĞƌŝŶŐƉƌŽĐĞƐƐĂŶĚĂĐĐĞƉƚĂďůĞĨŽƌŵƐŽĨƉĂǇŵĞŶƚĂƌĞ ŝŶĐůƵĚĞĚǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐǁŝůůďĞƐŽůĞůǇƌĞƐƉŽŶƐŝďůĞĨŽƌƉĂǇŵĞŶƚƚŽ^ƵƉƉůŝĞƌ ĂŶĚ^ŽƵƌĐĞǁĞůůǁŝůůŚĂǀĞŶŽůŝĂďŝůŝƚǇĨŽƌĂŶǇƵŶƉĂŝĚŝŶǀŽŝĐĞŽĨĂŶǇWĂƌƟĐŝƉĂƟŶŐ ŶƟƚy.
5) dƌĂŶƐĂĐƟŽŶŽĐƵŵĞŶƚƐ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŵĂǇƌĞƋƵŝƌĞƚŚĞƵƐĞŽĨŝƚƐŽǁŶĨŽƌŵƐƚŽĐŽŵƉůĞƚĞ
ƚƌĂŶƐĂĐƟŽŶƐĚŝƌĞĐƚůǇǁŝƚŚ^ƵƉƉůŝĞƌƵƟůŝǌŝŶŐƚŚĞƚĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌ͛Ɛ ƐƚĂŶĚĂƌĚĨŽƌŵĂŐƌĞĞŵĞŶƚƐŵĂǇďĞŽīĞƌĞĚĂƐƉĂƌƚŽĨŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ
ŵĂǇĐŽŵƉůĞƚĞĂŶĚĚŽĐƵŵĞŶƚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐĂŶǇƚǇƉĞŽĨƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐĂƐŵƵƚƵĂůůǇ ĂŐƌĞĞĚ͘/ŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĞŶƚĞƌĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇŵƵƐƚŝŶĐůƵĚĞƐƉĞĐŝĮĐƌĞĨĞƌĞŶĐĞƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďǇŶƵŵďĞƌĂŶĚƚŽWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇ͛ƐƵŶŝƋƵĞ^ŽƵƌĐĞǁĞůůaccount number.
6) ĚĚŝƟŽŶĂůdĞƌŵƐĂŶĚŽŶĚŝƟŽŶƐ WĞƌŵŝƩĞĚ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌŵĂǇŶĞŐŽƟĂƚĞĂŶĚ
ŝŶĐůƵĚĞĂĚĚŝƟŽŶĂůƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĂƟŽŶĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚ͘^ƵĐŚ terms may supplant or supersede this Master Agreement when necessary and as solely determined "!

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40 Item 8 C.
030425-PDMS
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ďǇWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ŽƵƌĐĞǁĞůůŚĂƐĞǆƉƌĞƐƐůǇƌĞƐĞƌǀĞĚƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇƚŽĂĚĚƌĞƐƐĂŶǇŶĞĐĞƐƐĂƌǇƉƌŽǀŝƐŝŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐŶŽƚĞǆƉƌĞƐƐůǇŝŶĐůƵĚĞĚ within this Master Agreement, including but not limited to trĂŶƐĂĐƟŽŶĐĂŶĐĞůůĂƟŽŶ͕ĚŝƐƉƵƚĞ ƌĞƐŽůƵƟŽŶ͕ŐŽǀĞƌŶŝŶŐůĂǁĂŶĚǀĞŶƵĞ͕ŶŽŶ-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ŝŶƐƵƌĂŶĐĞ͕ĚĞĨĞŶƐĞĂŶĚŝŶĚĞŵŶŝƚǇ͕ĨŽƌĐĞ majeure, and other material terms as mutually agreed.
7) ^ƵďƐĞƋƵĞŶƚŐƌĞĞŵĞŶƚƐĂŶĚ^ƵƌǀŝǀĂů͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇŵĂǇĞŶƚĞƌŝŶƚŽĂƐĞƉĂƌĂƚĞ
ĂŐƌĞĞŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞůŽŶŐ-ƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽďůŝŐĂƟŽŶƐƵƟůŝǌŝŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚ͘^ƵĐŚĂŐƌĞĞŵĞŶƚƐŵĂǇƉƌŽǀŝĚĞĨŽƌĂƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚĞǆƚĞŶĚŝŶŐ beyond thĞĨƵůůƚĞƌŵŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ ĂƐĚĞƚĞƌŵŝŶĞĚŝŶƚŚĞĚŝƐĐƌĞƟŽŶŽĨWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇ.
8) WĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵƐ͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŵĂǇĞŶƚĞƌĂWĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵŽƌ
ƐŝŵŝůĂƌĚŽĐƵŵĞŶƚĞǆƚĞŶĚŝŶŐĂŶĚƐƵƉƉůĞŵĞŶƟŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞ ĂĚŽƉƟŽŶĂƐŵĂǇďĞƌĞƋƵŝƌĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘

Sourcewell Governmentjobs.com Inc.
Ǉ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Ǉ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ :ĞƌĞŵǇ^ĐŚǁĂƌƚǌ Alex Chun
dŝƚůĞ͗ŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĨĨŝĐĞƌ dŝƚůĞ͗ŚŝĞĨ&ŝŶĂŶĐŝĂůKĨĨŝĐĞƌ ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ "!

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61 Item 8 C.
97 One-to-one and one-to-many
collaboration and coordination
SMS, push to talk, video,
voice, etc.

Yes
No
n/a *
98 Public safety focused data and
analysis applications
Video, image, and pattern
analysis, acoustic firearms
discharge identification,
incident response, investigative
lead development, predictive
analysis, and other data
source integration
Yes
No
n/a
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99 Category 2 - Public Safety
Response Agency Operations
Yes
No
n/a *
100 Pre-incident planning software Fire prevention related inspections and enforcement
Yes
No
n/a *
101 Operational management
(scheduling, training,
compliance, etc.)
Yes
No
The NEOGOV products
associated with this
category/subcategory are:

CoreHR, Benefits, Time
and Attendance, Payroll,
Payroll Services, Perform,
Learn, Eforms, Onboard,
Insight, Attract, Integrations,
Policy, Ready, Time,
Schedule, Vetted,
Standards, Engage, Line,
IA, Vitals, Action, and
Recall.
*
102 Data analytics to inform
staffing, deployment, station
location, budget, and other
management decisions.

Yes
No
n/a
*
103 Incident/post-incident software CAD, RMS for law
enforcement, fire, and EMS
Yes
No
n/a *
104 Electronic Patient Care
Reporting (ePCR) and data
transfer to hospitals
Yes
No
n/a
*
105 Digital and physical evidence
management
Yes
No
n/a *
106 E-citation systems Yes
No
n/a *
107 Law enforcement case
management
Yes
No
The NEOGOV product
associated with this
category/subcategory is: IA
*
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
"!

#

64 Item 8 C.
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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
"!

#

65 Item 8 C.

THIS IS NOT AN INVOICE
Contract Records Order Details
Account Number: A-697412 Order #: Q-467617
Customer: Capitola, City of (CA) Valid Until: 5/31/2026 Effective Employee Count: 65
Sales Rep: Tyler Southard
Customer Contact
Billing Contact: Capitola, City of (CA) Shipping Contact : Capitola, City of (CA) Jim Malberg Renee DeMar
Billing Address: 420 Capitola Ave Shipping Address: 420 Capitola Ave Capitola, CA 95010 Capitola, CA 95010
Billing Contact Email: [email protected] Shipping Contact Email: [email protected] Billing Phone: 831-475-7300 Shipping Phone: 8314757300 Payment Terms
Payment Term: Net 30 Notes:

PO Number:

Subscription Service
Year 1
Item Type Start Date End Date License Type Total (USD)
Governmentjobs.com Subscription Recurring 7/1/2026 6/30/2027 Employee Based
$704.70
Insight Subscription Recurring 7/1/2026 6/30/2027 Employee Based
$3,195.80
Vetted Subscription Recurring 7/1/2026 6/30/2027 Usage Based $1,844.40 Background investigation software to manage process required for vetting a new employee. Provides centralized place to manage candidates through selection process for both recruiters and background investigators. Pricing for Vetted is based on the Quantity purchased where Quantity represents the anticipated use of the Vetted product taking into account Customer's historical use over the prior twelve month period. If Customer’s usage exceeds the Quantity during a given subscription year, NEOGOV will adjust the pricing for any subsequent year to take into account Customer's increased usage based on Customer’s actual usage in the twelve-month period preceding the new subscription year or in the case of a renewal term, the twelve month period preceding the generation of the renewal quote (or an annualization of usage if twelve months of usage are not yet available). For avoidance of doubt, nothing restricts NEOGOV from increasing its per unit pricing in the ordinary course of business.

Onboard Subscription Recurring 7/1/2026 6/30/2027 Employee Based
$2,784.13
Learn Subscription Recurring 7/1/2026 6/30/2027 Employee Based
$5,904.68
Perform Subscription Recurring 7/1/2026 6/30/2027 Employee Based
$4,681.79
Governmentjobs.com Setup Services Employee
Based
$0.00
Insight Setup Services Employee
Based
$3,711.10
Vetted Setup Services Usage Based $1,338.75
Services to setup Vetted for an organization includes enabling the product, creating standard templates for PHS, questionnaires, correspondence and checklists; access to online training courses, online guidance from a NEOGOV implementation consultant during initial setup and implementation.

Page 1 of 3 ends

66 Item 8 C.

Item Type Start Date End Date License Type Total (USD)
Onboard Setup Services Employee
Based
$3,092.30
Learn Setup Services Employee
Based
$3,640.55
Perform Setup Services Employee
Based
$3,640.55
Year 1 TOTAL: $34,538.75
Year 2
Item Type Start Date End Date License Type Total (USD)
Governmentjobs.com Subscription Recurring 7/1/2027 6/30/2028 Employee Based
$959.85
Insight Subscription Recurring 7/1/2027 6/30/2028 Employee Based
$4,352.90
Vetted Subscription Recurring 7/1/2027 6/30/2028 Usage Based $2,512.20 Background investigation software to manage process required for vetting a new employee. Provides centralized place to manage candidates through selection process for both recruiters and background investigators. Pricing for Vetted is based on the Quantity purchased where Quantity represents the anticipated use of the Vetted product taking into account Customer's historical use over the prior twelve month period. If Customer’s usage exceeds the Quantity during a given subscription year, NEOGOV will adjust the pricing for any subsequent year to take into account Customer's increased usage based on Customer’s actual usage in the twelve-month period preceding the new subscription year or in the case of a renewal term, the twelve month period preceding the generation of the renewal quote (or an annualization of usage if twelve months of usage are not yet available). For avoidance of doubt, nothing restricts NEOGOV from increasing its per unit pricing in the ordinary course of business.

Onboard Subscription Recurring 7/1/2027 6/30/2028 Employee Based
$3,808.59
Learn Subscription Recurring 7/1/2027 6/30/2028 Employee Based
$8,112.51
Perform Subscription Recurring 7/1/2027 6/30/2028 Employee Based
$6,404.53
Year 2 TOTAL: $26,150.58
Year 3
Item Type Start Date End Date License Type Total (USD)
Governmentjobs.com Subscription Recurring 7/1/2028 6/30/2029 Employee Based
$1,275.75
Insight Subscription Recurring 7/1/2028 6/30/2029 Employee Based
$5,785.50
Vetted Subscription Recurring 7/1/2028 6/30/2029 Usage Based $3,339.00 Background investigation software to manage process required for vetting a new employee. Provides centralized place to manage candidates through selection process for both recruiters and background investigators. Pricing for Vetted is based on the Quantity purchased where Quantity represents the anticipated use of the Vetted product taking into account Customer's historical use over the prior twelve month period. If Customer’s usage exceeds the Quantity during a given subscription year, NEOGOV will adjust the pricing for any subsequent year to take into account Customer's increased usage based on Customer’s actual usage in the twelve-month period preceding the new subscription year or in the case of a renewal term, the twelve month period preceding the generation of the renewal quote (or an annualization of usage if twelve months of usage are not yet available). For avoidance of doubt, nothing restricts NEOGOV from increasing its per unit pricing in the ordinary course of business.

Page 2 of 3 ends

67 Item 8 C.

Item Type Start Date End Date License Type Total (USD)
Onboard Subscription Recurring 7/1/2028 6/30/2029 Employee Based
$5,062.05
Learn Subscription Recurring 7/1/2028 6/30/2029 Employee Based
$10,782.45
Perform Subscription Recurring 7/1/2028 6/30/2029 Employee Based
$8,512.35
Year 3 TOTAL: $34,757.10

Total: | $95,446.43
This price does NOT include any sales tax. Total in USD Additional Terms and Conditions
License Terms: Enterprise license denotes that Customer has purchased an enterprise wide license up to the employee count specified above.

User based license denotes that Customer has purchased the number of licenses set forth in the quantity column. Item count denotes the number of items that Customer has licensed as set forth in the quantity column.

Payment Terms: All invoices issued hereunder are due upon the invoice due date. If the Order is for a period longer than one year, the fees for the first period shown shall be invoiced immediately and the fees for future years/periods shall be invoiced annually in advance of each 12 month period shown on the Order, but regardless of the billing cycle, Customer is responsible for the fees for the entire Order. The fees set forth in this Service Order are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities and Customer shall be responsible for payment of any such applicable taxes, levies, or duties. All payment obligations are non-cancellable, and all fees paid are non-refundable. Payment for services ordered hereunder shall be made to Governmentjobs.com, Inc., (D/B/A NEOGOV).

Terms & Conditions: This Order Form creates a legally binding contract on the parties. Unless otherwise agreed in a written agreement between GovernmentJobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV”) and Customer, this Order Form and the services to be furnished pursuant to this Order Form are subject to the terms and conditions set forth here: https://www.neogov.com/service-specifications. The Effective Date (as defined in the terms and conditions) shall be the Subscription Start Date.

Find a copy of our W-9 here.

Special Condition:

This Order Form creates a legally binding contract on the parties. Unless otherwise agreed in a written agreement between GovernmentJobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV”) and Customer, this Order Form and the services to be furnished pursuant to this Order Form are subject to the terms and conditions set forth in NEOGOV's Sourcewell contract #030425-PDMS (the "Sourcewell Agreement") and the most recently published version of the NEOGOV Services Agreement available at https://www.neogov.com/service-specifications with the following modifications: (i) the Effective Date (as defined in the NEOGOV Services Agreement) shall be the date set forth below, and (ii) the SKU and pricing applicable to this purchase shall be as specified in this Order Form. The services provided to Sourcewell member#39483 are being provided at the contractually obligated discount of 5% or more from NEOGOV's published MSRP. By signing below, Customer confirms it has the authority to use the Sourcewell Agreement for this purchase and that the use of the Sourcewell Agreement for this purchase is not prohibited by law or procurement regulations or standards applicable to Customer. The Effective Date (as defined in the terms and conditions) shall be the Subscription Start Date.

If this Order Form is executed and/or returned to NEOGOV by the Customer after the Subscription Start Date stated in this Order Form, NEOGOV may adjust the Subscription Start Date and the corresponding Subscription End Date, without increasing the total fees, based on the date NEOGOV activates the subscription, provided the total length of the subscription term does not change. Following activation, any adjustments to such Subscription Start Date and Subscription End Date may be confirmed by reference to the invoice sent by NEOGOV.

THIS ORDER FORM HAS NOT BEEN APPROVED

Page 3 of 3 ends

68 Item 8 C.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Community and Economic Development
Subject: PLHA Resolution
Recommended Action: Adopt a resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program Application 5-year plan, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents that are related to the Program or the PLHA grant award.

Background: In 2017, Governor Brown signed a 15-bill housing package aimed at addressing California’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act, known as Senate Bill 2 (SB 2) to increase the supply of affordable homes in California. The Bill established a $75 recording fee on real estate documents and created the Permanent Local Housing Allocation Fund (PLHA). Beginning in 2019, SB 2 authorized the California Department of Housing and Community Development (HCD) to allocate 70% of PLHA fund money to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to local governments for housing-related projects and programs that address the unmet housing needs of their local communities. HCD calculates and publishes the PLHA allocation annually.

Discussion: On November 10, 2022, the City Council adopted Resolution No. 4294 approving the submittal of the PLHA application and authorizing the City Manager to execute the PLHA Standard Agreement and related documents. At that time, HCD estimated the City's five-year PLHA allocation at $630,557. Since then, the City has implemented the program and expended PLHA funds consistent with the approved PLHA Plan.

Recently, HCD notified the City that the allocation amount was increased to $672,497. Staff has already accounted for this increase in the PHLA activity budgets and no significant changes are projected. PLHA funding is utilized for the City’s annual contribution to the regional shelter operation ($35,000). In addition, the City allocated remaining PLHA funding to the 100% affordable housing development at 1098 38th Avenue as a part of an affordable housing development loan in January 2025.

To remain in compliance with PLHA, the City is being asked to submit a new resolution with the final and updated allocation amount. No other changes are in the attached resolution.

Fiscal Impact: There is no matching fund requirement or fiscal impact associated with the recommended action.

Attachments:

1. Resolution – Revised PLHA Allocation
Alignment with 2025-2029 Strategic Plan Priority: Attainable Housing and Healthy Families, Report Prepared By: Katie Herlihy, Community and Economic Development Director Reviewed By: Julia Gautho, City Clerk, Jim Malberg, Administrative Services Director Approved By: Jessica Kahn, Acting City Manager
69 Item 8 D.

RESOLUTION NO.

A RESOLUTION OF THE CITY OF CAPITOLA AUTHORIZING THE APPLICATION AND

ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM
A majority of the City Council Members of the City of Capitola hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the California Department of Housing and Community Development is authorized to provide up to $335 million under the SB
2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2));
B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS, the City of Capitola is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $672,497.00 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
70 Item 8 D.

5. If applicable: Applicant certifies that it was delegated by City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED by the City Council of the City of Capitola at a regular meeting held this 23rd day of July, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Signature of Approving Officer:
______________________________
71 Item 8 D.

Mayor Margaux Morgan

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, City Clerk of the City of Capitola, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the Capitola City Council which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Julia Gautho, City Clerk
72 Item 8 D.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Police Department
Subject: California Highway Patrol Cannabis Tax Fund Grant Recommended Action: Adopt a resolution accepting a California Highway Patrol Cannabis Tax Fund Grant in the amount of $200,900.32 and amending the FY 2026-27 General Fund operating budget to increase revenues and expenditures by $200,900.32 related to the grant award.

Background: The California Highway Patrol (CHP), through the Cannabis Tax Fund Grant Program, has awarded the Capitola Police Department $200,900.32 to support impaired driving enforcement, education, and equipment. The grant program provides financial assistance to local law enforcement agencies to reduce impaired driving through education, prevention, enforcement, and equipment purchases. The grant performance period is July 1, 2026, through June 30, 2027.

Discussion: Grant funding will support the Police Department's impaired driving enforcement efforts through proactive enforcement, community education, officer training, and specialized equipment.

Grant-funded activities include eight DUI saturation patrols, two DUI checkpoints, and two DUI education operations to reduce alcohol- and drug-impaired driving throughout the City. Education efforts will include outreach at community events, school presentations, and public awareness campaigns regarding the dangers of impaired driving.

The grant will also fund the purchase and outfitting of a dedicated DUI enforcement patrol vehicle and DUI checkpoint trailer to improve officer safety, operational efficiency, and the Department's ability to conduct high-visibility DUI enforcement. The total grant award of $200,900.32 is allocated as follows:
• Personnel (Overtime): Total $22,191.82
 DUI Saturation Patrols: $11,661.60
 DUI Checkpoints: $9,329.32
 DUI Education and Outreach: $1,200.90
• Equipment: Total $178,708.50
 DUI Enforcement Patrol Vehicle and Outfitting: $112,608.50  DUI Checkpoint Trailer and Outfitting: $66,100.00
The Police Department will return with a Council agenda item in the fall to outline all grant funding received, expenditures related to grant funding opportunities, and outcomes of grant programming.

Fiscal Impact: Acceptance of the grant will increase General Fund revenues and expenditures by $200,900.32. The grant fully funds the proposed activities and equipment, resulting in no net fiscal impact to the General Fund. Any ongoing maintenance, operation, or replacement costs associated with the equipment following the grant period will be the responsibility of the City.

Attachments:

1. Grant Award Letter

2. Grant Agreement

3. Resolution – Accepting Grant/Amending Budget
Report Prepared By: Leo Moreno, Police Captain
Reviewed By: Julia Gautho, City Clerk; Sarah Ryan, Chief of Police; Jim Malberg, Administrative Services Director
Approved By: Jessica Kahn, Acting City Manager
73 Item 8 E.

State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 30, 2026
File No.: 060.17344.19741
Captain Leo Moreno
Capitola Police Department
422 Capitola Avenue
Capitola, CA 95010
Dear Captain Moreno:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Capitola Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $200,900.32. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
74 Item 8 E.

State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
30887 ________________________________________________________________

1. GRANT TITLE
FY26/27 CTFGP Law Enforcement – Capitola Police Department

2. NAME OF ORGANIZATION/AGENCY
Capitola Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Capitola Police Department

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2026 To: 06/30/2027

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $200,900.32

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Jamie Goldstein
Title: City Manager
Phone: (831) 475-7300
Address: 420 Capitola Avenue
Capitola, CA 95010
E-Mail: [email protected]
__________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Elliotte Johnson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Jim Malberg
Title: Finance Director
Phone: (831) 475-7300
Address: 420 Capitola Avenue
Capitola, CA 95010
75 Item 8 E.

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. 76 Item 8 E.

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
77 Item 8 E.

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4. 78 Item 8 E.

TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 79 Item 8 E.

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 80 Item 8 E.

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. 81 Item 8 E.

Schedule A
Capitola Police Department
The Grantor determined awards and adjustments based on the Project’s merit, operational scale, compliance with the Request for Application (RFA), and program regulations. Certain activities or budget items proposed in Schedule A may have been deemed ineligible for funding. The final, binding list of authorized activities and expenses is set forth in Schedule B - Detailed Budget Estimate.

Project Description
The Capitola Police Department requests funding from the California Highway Patrol Cannabis Grant Program to implement a targeted impaired driving project that enhances enforcement, training, fleet capacity, and public education to reduce collisions, injuries, and fatalities caused by alcohol, drug, and cannabisimpaired drivers.

Specifically, the funding will support 8 DUI saturation patrols, 2 DUI checkpoints, and 2 DUI education operations to ensure proactive, highly visible enforcement and community outreach. The grant will also fund the purchase of a new DUI enforcement patrol vehicle, including upfitting costs such as emergency lighting, communications, and enforcement equipment, as well as a dedicated DUI checkpoint trailer to improve efficiency and safety during checkpoint operations. The department’s aging fleet limits reliability and deployment capacity; these new resources will enhance operational readiness, visibility, and enforcement effectiveness.

Funding will also support officer training to maintain proficiency in field sobriety testing, impaired driving detection, and DUI investigation and documentation. Field Training Officers will provide hands-on instruction to new personnel, and Sergeants will deliver updates on DUI case law and best practices.

Finally, grant resources will support public education to raise awareness of the dangers and legal consequences of impaired driving through outreach at community events, school presentations, neighborhood meetings, and social media engagement. By funding this project, the department will strengthen its ability to detect, deter, and prevent impaired driving and improve roadway safety throughout the community.

Problem Statement
The Capitola Police Department serves a permanent population of approximately 9,500 within just 1.6 square miles; however, daily visitors routinely triple the city’s population, creating significant traffic safety challenges.

High pedestrian density, compact streets, and a concentration of restaurants, entertainment venues, and beach attractions increase the risk of alcohol, drug, and cannabis-impaired driving, particularly during major events such as the Wharf-to-Wharf Race, Art and Wine Festival, and Fourth of July Fireworks Show. These events draw thousands of visitors and significantly increase vehicle, bicycle, and pedestrian traffic within an already dense coastal community.

Traffic data from 2023 to 2025 demonstrates a growing risk to public safety. Total injury victims increased

38.4 percent, alcohol-involved injury crashes doubled, and pedestrian-related crashes rose 20 percent.

Primary contributing factors include unsafe speed, unsafe turning movements, and failure to yield to pedestrians. Impaired driving has emerged as a critical and increasing threat, with DUI-involved crashes contributing to injuries and multi-modal collision risks, particularly in high-density areas such as Capitola Village (Downtown commercial district) and along major corridors, including 41st Avenue and Bay Avenue.

To address this problem, the department proposes conducting 8 DUI saturation patrols staffed by three officers each, 2 DUI checkpoints staffed by six officers each, and 2 DUI education operations. These highvisibility enforcement efforts are necessary to create deterrence, increase officer presence, and reduce impaired driving in identified high-risk locations and during peak periods.

The department’s aging patrol fleet and limited checkpoint equipment reduce operational efficiency and visibility. The current lack of a modern, fully equipped DUI trailer limits the department’s ability to safely and effectively conduct checkpoint operations. Funding for a dedicated DUI checkpoint trailer and associated outfitting will enhance officer safety, improve lighting and communications, provide secure equipment storage, and increase operational efficiency during checkpoints. In addition, continued fleet limitations hinder highvisibility DUI enforcement efforts. 82 Item 8 E.

Schedule A
Grant-funded overtime, a dedicated DUI checkpoint trailer with proper outfitting, and enhanced enforcement resources are necessary to improve deployment capacity, increase deterrence, and reduce impaired driving incidents. Without these additional resources, the department’s ability to respond proactively to the growing impaired driving problem will remain limited. This project will improve safety for drivers, pedestrians, bicyclists, residents, and visitors, particularly vulnerable populations such as seniors, youth, and those frequenting highdensity pedestrian areas, ultimately reducing injuries and preventing fatalities within the community.

Performance Measures/Scope of Work (Proposed Solution)
Traffic data from 2023 to 2025 indicates a growing impaired driving concern within the City of Capitola. During this period, total injury victims increased 38.4 percent, alcohol-involved injury crashes doubled, and pedestrian-related crashes increased 20 percent. Alcohol- and cannabis-involved collisions continue to pose a significant risk in high-density areas such as Capitola Village and along 41st Avenue and Bay Avenue. The department’s performance measure will be determined by reductions in alcohol- and drug-involved collisions and increases in DUI/DUID arrests.

With support from the Cannabis Grant Program, the Capitola Police Department proposes to conduct eight (8) three-officer DUI saturation patrols, two (2) six-officer DUI checkpoints, and two (2) DUI education operations.

The overall goal is to increase DUI/DUID arrests by 10 percent and reduce alcohol-, drug-, and cannabisinvolved crashes by 10 percent in targeted corridors.

Eight (8) DUI Saturation Patrols (Q1 = 2, Q2 = 2, Q3 = 2, Q4 = 2): These three-officer saturation patrols will focus on high-risk locations including Capitola Village, 41st Avenue, and Bay Avenue. The saturation patrols will aim to increase proactive DUI/DUID arrests by 10 percent and reduce impaired driving collisions by 10 percent. Increased high-visibility enforcement will deter impaired driving by increasing the perceived risk of arrest.

Two (2) DUI Checkpoints (Q2 = 1, Q4 = 1): These six-officer checkpoints will support saturation patrol efforts and further increase DUI/DUID arrests by 10 percent. DUI checkpoints serve as a proven deterrent by discouraging impaired driving, reducing alcohol-related crashes and injuries, and protecting pedestrians, bicyclists, and motorists in high-density areas.

DUI Checkpoint Trailer Acquisition and Outfitting: The department is requesting funding for a dedicated DUI checkpoint trailer and associated outfitting to be deployed during both checkpoint operations. The trailer will improve operational efficiency, enhance officer safety, provide proper lighting and communications capability, and allow for secure storage of traffic control devices and enforcement equipment. The trailer will enable officers to set up checkpoints more effectively in high-risk areas and support the overall goal of increasing DUI arrests by 10 percent.

DUI Enforcement Vehicle Acquisition and Outfitting: The department is requesting funding for a dedicated, clearly marked DUI enforcement vehicle to be used during all DUI saturation patrols and checkpoints. The vehicle will enhance high-visibility enforcement, improve deployment capacity, and strengthen deterrence efforts. The acquisition aligns with the goal of increasing DUI/DUID arrests by 10 percent and reducing impaired driving collisions.

Two (2) DUI Education Operations (Q1 = 1, Q4 = 1): Education efforts will include outreach at National Night Out, school presentations, and Neighborhood Watch meetings. These operations will aim to increase community awareness of impaired driving risks by at least 10 percent through engagement tracking and community feedback. Approximately 300 attendees are reached at National Night Out, 200 students during school presentations, and 10 to 20 participants at Neighborhood Watch meetings. Education complements enforcement by increasing awareness and reinforcing deterrence.

This combined enforcement, equipment, and education strategy directly addresses Capitola’s impaired driving problem by increasing visibility, strengthening deterrence, and improving operational capacity to reduce collisions, injuries, and fatalities.
83 Item 8 E.

Schedule A
Project Performance Evaluation
The Capitola Police Department will evaluate project effectiveness using both quantitative and qualitative methods to measure outcomes and community impact. Quantitative data will include the number of DUI and DUID contacts and arrests, drivers screened at checkpoints, frequency and location of saturation patrols, and traffic collision data, particularly alcohol, drug, and cannabis-involved crashes, with a goal of at least a ten percent reduction in targeted areas. The dedicated DUI enforcement vehicle will be clearly marked as a DUI vehicle to provide high visibility, enhance officer presence during patrols and checkpoints, and improve deployment and coverage for impaired driving enforcement operations.

Qualitative evaluation will include officer feedback on patrols, checkpoints, and the vehicle’s effectiveness, as well as community feedback from educational outreach. DUI education and awareness activities will be conducted at special events such as National Night Out, community meetings including Neighborhood Watch sessions, and senior community gatherings. Feedback and engagement from these events will be used to assess increases in public knowledge of impaired driving risks, safe driving behaviors, and awareness of cannabis-related DUI laws.

To maximize deterrence and increase the perceived risk of detection, the department will implement highvisibility enforcement campaigns for all DUI checkpoints and saturation patrols. The Traffic Sergeant, in coordination with department leadership, will prepare and distribute press releases prior to and following major enforcement operations. Enforcement results and DUI awareness messaging will also be shared through the department’s social media platforms. These communication efforts increase public awareness of impaired driving laws, reinforce deterrence, promote transparency, and support the overall goal of increasing DUI/DUID arrests and improving roadway safety.

Project results will be communicated internally through quarterly briefings to department leadership summarizing enforcement activity, educational outreach, and trends in impaired driving. Externally, outcomes will be shared with the community through social media updates and a dedicated DUI awareness campaign.

This comprehensive evaluation strategy ensures that enforcement, education, DUI trailer and vehicle utilization are measured, community impacts are documented, and the public is informed of safety improvements resulting from the grant.

Program Sustainability
The Capitola Police Department is requesting funding to purchase a DUI enforcement vehicle, and DUI trailer due to limitations in the department’s current fleet. If approved, these resources will allow the department to continue conducting DUI saturation patrols, DUI checkpoints, and educational operations on an ongoing basis. The vehicle will remain highly visible to enhance officer presence and deterrence, and the trailer will support checkpoint operations by providing storage, improving efficiency, and enhancing officer safety.

Even without future grant funding, the department will maintain and operate the vehicle and trailer to sustain impaired driving enforcement efforts, ensure consistent public education, and continue long-term improvements in roadway safety.

Administrative Support
The Capitola Police Department has a dedicated team of experienced professionals who will oversee the implementation and management of this project.

Administrative Analyst Esmeralda Gonzalez – Grant Manager • Responsible for overall project coordination
• Tracks project timelines and performance metrics
• Ensures compliance with all grant reporting requirements 84 Item 8 E.

Schedule A
Operations Captain Leo Moreno
• Provides oversight and support for project activities • Ensures goals and objectives are met
• Assists in operational planning and resource allocation Patrol and Traffic Sergeants, Officers, and Detectives
• Conduct DUI enforcement operations and saturation patrols • Staff DUI checkpoints
• Lead and participate in DUI education and community outreach activities • Utilize specialized training in field sobriety testing and impaired driving detection The Capitola Police Department is currently budgeted for 22 sworn personnel. While vacancies exist, all operations will be conducted on overtime, and staffing is sufficient to conduct the proposed enforcement and education activities. Administrative and physical resources, including office support, communication systems, vehicles, and the proposed DUI trailer, are adequate to support the project throughout the performance period.

The department is actively seeking quotes for a 2026 Ford Interceptor SUV patrol vehicle and its outfitting, the DUI trailer, and outfitting for the DUI trailer. The department has prior experience managing state and federal grants, ensuring that this project will be completed successfully, on time, and in compliance with all program requirements.
85 Item 8 E.

Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
30887 Capitola Police Department $200,900.32
Cost Category Line Item Name Total Cost to Grant
Personnel
Educational/Outreach $1,200.90
DUI Saturation Patrol $11,661.60
DUI Checkpoint $9,329.32
Category Sub-Total $22,191.82
Equipment
DUI Trailer $66,100.00
DUI Patrol Vehicle $112,608.50
Category Sub-Total $178,708.50
Grant Total $200,900.32
86 Item 8 E.

Schedule B-1
Budget Narrative
Capitola Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Personnel
DUI Checkpoint
$9,329.32
DUI Checkpoints
2 DUI Checkpoints × 8 hours each = 16 total hours per position Officers: 4 officers × 16 hours = 64 officer-hours × $91.39 overtime rate = $5,849.00 Sergeants: 2 sergeants × 16 hours = 32 sergeant-hours × $108.76 overtime rate = $3,480.32 Total Overtime Wages for DUI Checkpoints: $5,849.00 + $3,480.32 = $9,329.32 DUI Saturation Patrol
$11,661.60
DUI Saturation Patrols
8 DUI Saturation Patrols × 5 hours each = 40 total hours per position Officers: 2 officers × 40 hours = 80 officer-hours × $91.39 overtime rate = $7,311.20 Sergeants: 1 sergeant × 40 hours = 40 sergeant-hours × $108.76 overtime rate = $4,350.40 Total Overtime Wages for Saturation Patrols: $7,311.20 + $4,350.40 = $11,661.60 Educational/Outreach
$1,200.90
DUI Education Operations
2 DUI Education Operations × 3 hours each = 6 total hours per position Officers: 1 officer × 6 hours = 6 officer-hours × $91.39 overtime rate = $548.34 Sergeants: 1 sergeant × 6 hours = 6 sergeant-hours × $108.76 overtime rate = $652.56 Total Overtime Wages for Education Operations: $548.34 + $652.56 = $1,200.90 Equipment
DUI Patrol Vehicle
$112,608.50
DUI patrol Vehicle $61,008.50
DUI Vehicle - Outfitting $43,100
DUI Enforcement Patrol vehicle Radio system $8500.00
* NOTE: CGU WILL ONLY COVER 1 YEAR RADIO ESSENTIAL SERVICE- AGENCY IS RESPONSIBLE FOR

REMAINING WARRANTY COSTS
DUI Trailer
$66,100.00
DUI Trailer $ 55,000.00
DUI Trailer Outfitting $ 11,100.00
87 Item 8 E.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA ACCEPTING

GRANT FUNDING FROM THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND

GRANT PROGRAM TO SUPPORT IMPAIRED DRIVING ENFORCEMENT, EDUCATION, AND EQUIPMENT, AND AMENDING THE FISCAL YEAR 2026-27 BUDGET
WHEREAS, the California Highway Patrol (CHP) administers the Cannabis Tax Fund Grant Program to assist local law enforcement agencies in addressing impaired driving involving alcohol and drugs, including cannabis; and
WHEREAS, the Capitola Police Department has been awarded $200,900.32 through the California Highway Patrol Cannabis Tax Fund Grant Program to support impaired driving enforcement, education, and the purchase of specialized enforcement equipment during the Fiscal Year 2026-27 grant performance period; and
WHEREAS, the grant award provides funding for DUI saturation patrols, DUI checkpoints, DUI education and outreach activities, a dedicated DUI enforcement patrol vehicle, and a DUI checkpoint trailer to enhance public safety and reduce impaired driving within the City of Capitola; and
WHEREAS, the grant funds will be used for eligible personnel overtime costs and the purchase and outfitting of specialized enforcement equipment, with no local matching funds required; and
WHEREAS, acceptance of the grant funding requires an amendment to the Fiscal Year 2026-27 Adopted Budget to recognize and appropriate the $200,900.32 of grant revenues and expenditures in accordance with the grant agreement; and WHEREAS, it is necessary to adopt the 2026-27 Fiscal Year Budget for all City funds; and
WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 11, 2026, adopted such budget for the Fiscal Year July 1, 2026, through June 30, 2027; and WHEREAS, since the adoption of the FY 2026-27 Budget the City has been awarded a California Highway Patrol Cannabis Tax Fund Grant; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2026-27 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Administrative Services Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Administrative Services Director's assistance, shall assure compliance therewith;
88 Item 8 E.

I HEREBY CERTIFY that the above and foregoing Resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 23rd day of July 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Margaux Morgan, Mayor
ATTEST:
____________________________
Julia Gautho, City Clerk
89 Item 8 E.

Budget Adjustment Request
Date
07/08/2026
Requesting Department *
Police
Type of Adjustment
Administrative
Council
Item #
Council Date
July 23, 2026
Council Approval
Revenues
Account Number Account Description Increase/Decrease
Search
1000-20-20-000-3320.100 State Grants - Operating $ 200,900.32 Total Revenues
$ 200,900.32
Expenditures
Account Number Account Description Increase/Decrease
Search
1000-20-20-000-4130.200 Wages Overtime - grant funded $ 22,191.82 1000-20-20-000-4650.400 Capital Outlay-Equipment $ 178,708.50 Total Expenditures
$ 200,900.32
Net Impact
$ 0.00
Purpose
Accept and appropriate California Highway Patrol Cannabis Tax Fund Grant. 7/10/26, 8:21 AM Laserfiche | Process Form
https://app.laserfiche.com/tasks/Approval/b48300fc-f363-4de0-96ac-3caafb04d0a4 1/2 90 Item 8 E.

Comments:

Department Head Approval
Finance Director Approval
City Manager Approval
7/10/26, 8:21 AM Laserfiche | Process Form
https://app.laserfiche.com/tasks/Approval/b48300fc-f363-4de0-96ac-3caafb04d0a4 2/2 91 Item 8 E.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Grant Funding for Beach and Wharf Accessibility Improvements Recommended Action: 1) Accept grant funding totaling $43,362.63 through the Beach and Coast Accessibility Program administered by Orange County Coastkeeper and funded by the State Coastal Conservancy; 2) adopt a resolution amending the FY 2026-27 Budget to appropriate grant revenues and expenditures for beach and wharf accessibility improvements; and 3) authorize the City Manager to execute any documents necessary to implement the grant-funded improvements.

Background: Approximately one year ago, the City applied for grant funding through the Beach and Coast Accessibility Program, a statewide initiative funded by the State Coastal Conservancy, to improve beach and coastal access for individuals with disabilities. The City has now been awarded a total of $43,362.63 in grant funding for accessibility improvements at Capitola Beach and the Capitola Wharf. These projects are intended to improve access to some of Capitola's most heavily used public recreational facilities and support the City's ongoing efforts to provide equitable access to coastal resources.

Discussion: The Beach and Coast Accessibility Program grant award provides an opportunity to implement two accessibility improvements that expand access to Capitola's coastal recreational resources. The improvements include a beach access mat system at Capitola Beach and accessibility equipment on the Capitola Wharf. Both are intended to improve access for individuals with mobility limitations and enhance the overall visitor experience (Attachment 3).

Upon execution of the grant agreements, staff will begin procurement of the accessibility improvements.

Based on current vendor information, staff anticipates equipment lead times of approximately 8 to 12 weeks and expects both improvements to be operational by late summer or early fall 2026.

Beach Accessibility Improvements: The beach access mat system will provide an accessible route across the sand, improving access for individuals using wheelchairs, walkers, strollers, and other mobility devices.

The City currently utilizes a temporary plywood pathway to improve beach access during portions of the summer season. While functional, the existing system requires significant annual installation effort and provides a less durable and less user-friendly surface. The proposed beach access mat system is specifically designed for beach environments and has been successfully implemented in coastal communities throughout California and the United States.

Staff anticipates an annual installation of the proposed mat system in generally the same location as the City's existing seasonal beach access route, continuing enhanced access to the beach on a seasonal basis. In addition to replacing the current plywood pathway, the new system will provide a more durable and accessible solution and offer flexibility for future expansion of accessible beach access opportunities as community needs evolve.

Capitola Beach is one of the City's most heavily used recreational resources. Improving access supports the City's goal of ensuring that residents and visitors of all abilities can enjoy the beach and participate in coastal recreation opportunities.

Wharf Accessibility Improvements: The grant also provides funding for accessibility improvements on the Capitola Wharf.

This accessibility feature was originally included as part of the Wharf Rehabilitation Project but was ultimately removed from the project scope due to funding limitations. The grant award provides an opportunity to complete the improvement in generally the same location previously identified during 92 Item 8 F.
project development. The mobility improvements proposed would be in place consistently through the year, not seasonally.

Similar accessibility equipment has been successfully piloted at other public coastal facilities and has demonstrated positive results in improving access for visitors with mobility limitations.

The Capitola Wharf serves as a regional destination for fishing, sightseeing, and coastal recreation.

Improving accessibility on the Wharf expands opportunities for visitors of all abilities to access and enjoy the facility. The City has also received public feedback requesting enhanced accessibility improvements on the Wharf, and this project directly responds to those requests.

Fiscal Impact: The City has been awarded a total of $43,362.63 in grant funding through the Beach and Coast Accessibility Program. The grant funding includes $29,362.63 for beach accessibility improvements and $14,000 for wharf accessibility improvements.

Staff recommends amending the FY 2026-27 Budget to appropriate the grant revenues and corresponding project expenditures. The grant funds are expected to fully fund equipment purchases associated with these improvements, and do not require a local funding match.

Any future maintenance, replacement parts, storage, or operational costs associated with the improvements will be incorporated into future operating budgets as necessary.

Attachments:

1. Budget Amendment Resolution

2. Grant Award Letters

3. Access Mat Locations and Product Information
Alignment with 2025-2029 Strategic Plan Priority: Healthy Families, Community, and Environment; Sustainable Infrastructure
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Administrative Services Director; Chloé Woodmansee, Assistant to the City Manager
Approved By: Jessica Kahn, Acting City Manager
93 Item 8 F.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2026-27 FISCAL YEAR CITY BUDGET
WHEREAS, it is necessary to adopt the 2026-27 Fiscal Year Budget for all City funds; and WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 11, 2026, adopted such budget for the Fiscal Year July 1, 2026, through June 30, 2027; and WHEREAS, since the adoption of the FY 2026-27 Budget the City has been awarded grant funding through the Beach and Coast Accessibility Program administered by Orange County Coastkeeper and funded by the State Coastal Conservancy; and WHEREAS, it is necessary to amend the FY 2026-27 Budget to receive and appropriate $43,262.63 of grant funding beach and wharf accessibility improvements; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2026-27 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Administrative Services Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Administrative Services Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 23rd day of July 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Morgan, Mayor
ATTEST:
____________________ ___
Julia Gautho, City Clerk
94 Item 8 F.

Budget Adjustment Request
Date
07/08/2026
Requesting Department *
Public Works
Type of Adjustment
Administrative
Council
Item #
Council Date
July 23, 2026
Council Approval
Revenues
Account Number Account Description Increase/Decrease
1000-30-30-000-3320.200 State Grants $43,362.63
Total Revenues
$43,362.63
Expenditures
Account Number Account Description Increase/Decrease
1000-30-30-000-4450.500 Supplies - General $43,362.63
Total Expenditures
$43,362.63
Net Impact
$0.00
Purpose
To receive and appropriate grant funding for beach and wharf accessibility improvements.

Department Head Approval
95 Item 8 F.

Finance Director Approval
City Manager Approval
96 Item 8 F.
3151 Airway Ave, Suite F-110 Costa Mesa, CA 92626 / 714-850-1965 / www.coastkeeper.org October 21st, 2025
City of Capitola
Kailash Mozumder
420 Capitola Avenue, Capitola CA 95010
Dear Kailash,
On behalf of Orange County Coastkeeper, in partnership with the California State Coastal Conservancy, I am pleased to inform you that the City of Capitola’s grant request for beach access equipment has been approved for funding. Through the Beach and Coast Accessibility Program, a grant of $14,000.00 will be forthcoming to support your efforts to improve access to California’s most precious places!
I look forward to working with you to finalize the details of this grant, including sharing the good news on social media! Prior to receiving your funding, please look for an email in the coming weeks containing a contract to review, sign, and return.

Congratulations, and thank you again for your dedication to enhancing accessibility along California’s coast and waters! I look forward to seeing the positive impact your work will have on our community. If you have any further questions about this contribution, please feel free to contact Genesee Ouyang ([email protected]).

Congratulations,
Garry Brown, Founder and Executive Director of Orange County Coastkeeper [on behalf of Orange County Coastkeeper and the California State Coastal Conservancy] 97 Item 8 F.
3151 Airway Ave, Suite F-110 Costa Mesa, CA 92626 / 714-850-1965 / www.coastkeeper.org May 6th, 2026
City of Capitola
Kailash Mozumder
420 Capitola Avenue, Capitola CA 95010
Dear Kailash,
On behalf of Orange County Coastkeeper, in partnership with the California State Coastal Conservancy, I am pleased to inform you that the City of Capitola’s grant request for beach access equipment has been approved for funding. Through the Beach and Coast Accessibility Program, a grant of $29,362.63 will be forthcoming to support your efforts to improve access to California’s most precious places!
I look forward to working with you to finalize the details of this grant, including sharing the good news on social media! Prior to receiving your funding, please look for an email in the coming weeks containing a contract to review, sign, and return.

Congratulations,
Garry Brown, Founder and Executive Director of Orange County Coastkeeper [on behalf of Orange County Coastkeeper and the California State Coastal Conservancy] 98 Item 8 F.
1 AccessMat Connecting Angle (5' x 45°) Brown
2 AccessMat (5' x 33') Brown
2 AccessMat (5' x 12.5') Brown
1 AccessMat Connecting Square (5' x 5') Brown
CONFIDENTIAL IN COMMERCIAL 99
Item 8 F.

Existing Beach Access
100
Item 8 F.
access rec
101
Item 8 F.

Location of Access Mats
102
Item 8 F.

Email: [email protected]
Ph: +1-973-955-0514 / Fax: +1-201-624-7007
67 Sand Park Rd. Suite A
Cedar Grove, NJ 07009 - USA
Screws & washers
Placed through AccessMat® edges every 10 to 20 inches
#8 Stainless Steel Truss head wood screws 1 1/2" length with Stainless Steel Fender Washers Size #8 x 3/4" OD washer:
• Square drive
• Type-17 point
• Coarse thread
• Oversized head
• #2 square drive
103
Item 8 F.

Email: [email protected]
Ph: +1-973-955-0514 / Fax: +1-201-624-7007
67 Sand Park Rd. Suite A
Cedar Grove, NJ 07009 - USA
104
Item 8 F.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Community Services & Recreation Department
Subject: SUESD ELO-P Services Agreement
Recommended Action: Authorize the City Manager to execute a services and facility agreement between the City of Capitola and the Soquel Union Elementary School District (SUESD) for Expanded Learning Opportunities Program services and the use of the Opal Cliffs facility for the period of July 1, 2026 through June 30, 2028, with compensation to the City in the amount of $66,000.

Background: Since 2020, the City of Capitola and the Soquel Union Elementary School District (SUESD) have partnered to provide expanded learning opportunities for students. Initially developed in response to the COVID-19 pandemic, the City's Afterschool Rec Club has evolved into a comprehensive afterschool enrichment program serving elementary and middle school students through academic support, recreation, and social-emotional learning.

In addition to the Afterschool Rec Club, the City and SUESD partner to offer the Equity Swim Program, which provides swim instruction and water safety education to elementary school students. As a coastal community, ensuring children have access to swim lessons and water safety instruction supports both public safety and equitable access to recreational opportunities.

The California Expanded Learning Opportunities Program (ELO-P) provides funding to school districts to offer after-school, summer, and intersession programs that support students' academic, social, emotional, and physical development. Under the proposed agreement, SUESD would contract with the City to provide eligible ELO-P services on behalf of the District and provide for the City’s use of the Opal Cliff Facility (excluding the portion under contract by Campus Kids Connection) for year-round youth programs.

Discussion: The City currently provides Afterschool Rec Club to elementary students attending Soquel Elementary, Main Street Elementary, and New Brighton Middle School, and offers School Break and Summer Camps to the public. The proposed agreement establishes the City as SUESD's provider of New Brighton Middle School’s ELO-P services for the 2026-27 and 2027-28 school years.

The agreement includes three primary program components: (1) ELO-P services for sixth-grade SUESD students; (2) the Equity Swim Program (which has previously been an ELO-P funded program); and (3) the City’s continued use of the Opal Cliffs facility classrooms. The City will continue to provide year-round youth programs to the public at the Council-established fees. SUESD will reimburse the City for any enrolled ELO-P middle school students at this established rate. The agreement also provides the option for one-year renewals, upon mutual agreement of the parties, for a maximum contract term of five years.

SUESD provided the use of the Opal Cliffs facility to the Community Services & Recreation Department (CS&R) during the Capitola Community Center Remodel. Now that the CS&R offices and programs have returned to the Capitola Community Center, there is no planned use for the facility. Since the development of the Afterschool Rec Club, the program has been held at New Brighton Middle School, using open classrooms on campus.

The proposed agreement would allow youth programs to relocate to the Opal Cliffs facility, which has programmatic advantages due to its proximity to Jade Street Park facilities and CS&R staff. For the use of the Opal Cliffs facility, the City will provide SUESD with a payment of $500 per month for utilities.

Responsibilities for facility maintenance and capital improvements are divided between the District and the City, and are included within the proposed agreement to clearly outline each party's obligations. 105
Item 8 G.

The Equity Swim Program will continue providing swimming instruction and water safety education to eligible kindergarten through third-grade students from SUESD elementary schools at the Soquel High School pool. The City will remain responsible for program administration, staffing, transportation, aquatic safety, and securing the necessary pool use agreements. SUESD will remain responsible for facilitating ELO-P student enrollment in the program and providing a contribution of $16,000 for the funding of the program.

Fiscal Impact: For the 2026-27 school year, SUESD will compensate the City in an amount not to exceed $66,000, consisting of $50,000 for the ELO-P middle school student programming and $16,000 for the Equity Swim Program. Compensation for the 2027-28 school year will be reasonably adjusted for inflation and established by amendment prior to July 1, 2027. Funding is contingent upon SUESD's receipt of State Expanded Learning Opportunities Program (ELO-P) funding. The City will also be responsible for a monthly utility payment of $500 for use of the Opal Cliff Facility, as provided in the agreement.

Attachments:

1. SUESD ELO-P Services Agreement with City of Capitola Alignment with 2025-2029 Strategic Plan Priority: Accountable Government; Economic Opportunity; Healthy Families, Community, and Environment; Sustainable Infrastructure Report Prepared By: Nikki Bryant, Community Services & Recreation Director Reviewed By: Julia Gautho, City Clerk; Marc Tran, City Attorney Approved By: Jessica Kahn, Acting City Manager
106
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Page 1 Soquel Union Elementary School District
DWK 4628610v1

INDEPENDENT CONTRACTOR AGREEMENT
Between

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT
And

CITY OF CAPITOLA
For

ELO-P SERVICES
THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) is made July 1, 2026 (“Effective Date”), by and between the SOQUEL UNION ELEMENTARY SCHOOL DISTRICT, a California public school district (“District”), and CITY OF CAPITOLA, a political subdivision of the state of California (“City”), herein referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the California Department of Education (“CDE”) apportions state Expanded Learning Opportunities Program (“ELO-P”) funding to local education agencies, including the District, to provide after-school and summer school/intersession learning programs for students in grades TK through 6 that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences; WHEREAS, District desires a contractor to operate and provide an ELO-P pursuant to Education Code section 46120 to District’s eligible students; WHEREAS, City desires to operate an ELO-P known as Afterschool Rec Club, which provides activities in sports, technology, art and performance that focus on participant’s interests with the opportunity for leadership and decision making to enhance life, college and career readiness (“Afterschool Program”) during the regular school year, and a similar program during intersession breaks (“School Break Camps”), in certain facilities at District’s site known as Opal Cliffs, located at 4510 Jade Street in Capitola (“Opal Cliffs Property”), solely for District’s students in 6th grade, and potentially students in 7th and 8th grade if space allows; WHEREAS, the Parties further have jointly collaborated on delivering a program known as Equity Swim where District students in grades K through 3rd are taught fundamental swimming mechanics and water safety (“Equity Swim Program”);
WHEREAS, the Parties desire to continue the Equity Swim Program as a part of District’s ELO-P to support District students’ physical development, wellness, safety, and engagement, with the Equity Swim Program held at the swimming pool at Soquel High School, owned and operated by the Santa Cruz City Schools, and located at 401 Soquel San Jose Road in Soquel (“Soquel High School”); and
WHEREAS, the Parties now desire to enter into this Agreement for City’s operation of the Afterschool Program and School Break and Summer Camps at the Opal Cliffs Property, and Equity Swim Program at the Soquel High School, as a part of District’s ELO-P (“Services”), and to set forth the terms and conditions governing City’s provision of the Services for the 2026-27 and 2027-28 school years.

NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the Parties agree as follows:

AGREEMENT

1. Services. City shall provide the Services as further described in Exhibit “A”, attached hereto and made part of this Agreement. City shall perform, deliver, and complete the Services to the satisfaction of the District, in compliance with all specifications, terms and conditions of this Agreement. City shall comply with all ELO-P administrative, programmatic, and fiscal requirements 107
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Page 2 Soquel Union Elementary School District
DWK 4628610v1
issued by the CDE and effective during the Term and any Renewed Term of this Agreement, including without limitation, those set forth in Exhibit “A”. Use of the Opal Cliffs Property and District-owned facilities by City to deliver the Services shall be subject to the terms and conditions set forth in the attached Exhibit “B”.

2. Term. The term of this Agreement shall commence on July 1, 2026, and end on June 30, 2028, if not sooner terminated pursuant to the terms of this Agreement (“Term”).

3. Renewal. This Agreement may be renewed for additional one (1) year terms (each a “Renewed Term”) upon the mutual written agreement of the Parties, which written agreement shall include the compensation applicable to each Renewed Term, but in no event shall this Agreement’s Term and Renewed Terms collectively exceed a total of five (5) years. If either Party wishes to renew this Agreement, it shall notify the other Party in writing at least ninety (90) days before the expiration of the Term or then-current Renewed Term.

4. Compensation. The total compensation paid by District to City for the 2026-27 school year shall not exceed the amount of Sixty-Six Thousand and 00/100 Dollars ($66,000.00) for the Services, which represents Fifty Thousand and 00/100 Dollars ($50,000.00) for qualifying students attending the Afterschool Program and School Break and Summer Camps, and Sixteen Thousand and 00/100 Dollars ($16,000.00) for qualifying students attending the Equity Swim Program, in accordance with the fee schedule attached as Exhibit “C”, and inclusive of any costs or expenses paid or incurred by City in performing the Services under this Agreement. Compensation by District to City for the 2027-28 school year, including the not-to-exceed total amount and fee schedule, shall be agreed to by the Parties and memorialized by written amendment no later than July 1, 2027. Compensation to City will consist solely of state ELO-P funding allocated to the District for the Term (“State Funding”), and in no event shall compensation to City exceed the amount of State Funding allocated to District for the Term, or any Renewed Term, less any other amounts of State Funding that District may reserve or expend for its ELO-P within the District’s sole discretion. City’s expenditure of State Funding shall be in accordance with all ELO-P funding and programmatic requirements, as set forth in Education Code and any and all applicable CDE regulations and guidance.

A. City understands and acknowledges that State Funding, including its availability and its amount, is contingent on allocations from the state, and State Funding to City shall be made subject to the availability and appropriation of State Funding to District. The amount of State Funding and the basis of compensation may be subject to change for the Term or any Renewed Term as determined by the District, in accordance with applicable ELO-P requirements, and to account for any allowable costs for the ELO-P that are paid for or provided by District.

B. City shall submit a monthly, itemized invoice for Services completed, or the portion of the Services for which payment is to be made, in arrears, to District’s Accounts Payable Department, no later than the fifth (5th) calendar day of the month following the month during which Services were rendered. Incomplete or disputed invoices shall be returned to City unpaid and for correction. Payment shall be made for all undisputed amounts based upon the delivery of the Services as determined by District, by the twentieth (20th) day of the month in which City submits a detailed invoice to the District’s Accounts Payable Department for Services actually performed in compliance with this Agreement, and contingent upon accurate attendance reporting and supporting documentation that may be requested by District.

C. City, on a monthly basis, shall provide District with the following reports with the monthly invoice of Services rendered:
108
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Page 3 Soquel Union Elementary School District
DWK 4628610v1
i) Daily enrollment for the month and school year to date, itemized by grade level and student classification as an English learner or socio-economically disadvantaged student;
ii) Actual daily attendance for the month and school year to date, itemized by grade level and student classification as an English learner or socioeconomically disadvantaged student; iii) Daily sign-in and sign-out sheets for the month;
iv) Transportation logs, including which students were provided with transportation to the off-site ELO-P locations.
v) Documentation for any student arriving to the program late; vi) Number and description of snacks and meals served;
vii) Any uniform complaints received; and
viii) Licensing reports.

5. Termination.

A. Termination for Convenience.
i) District shall have the right to terminate this Agreement, without liability on the part of District, by giving City written notification at least one-hundred-twenty (120) days prior to the effective date of the termination. ii) City shall have the right to terminate this Agreement, without liability on the part of City except as otherwise provided herein, by giving District written notification at least one-hundred-twenty (120) days prior to the effective date of the termination. During such notice period, City shall continue to perform the Services in accordance with this Agreement and shall cooperate with District in transitioning the Services to a replacement provider as requested by District, including providing all records, documentation, and information necessary for a smooth transition.
iii) Neither Party shall be required to provide just cause for termination for convenience in the written notification.

B. Termination for Cause. This Agreement may be immediately terminated for cause, following the expiration of any applicable cure period for cause, except as otherwise provided in subsection (iv) below. Cause shall include, without limitation, the following, and the Parties shall have the cure periods provided below:
i) A default or material violation of this Agreement by either Party if such violation shall continue for thirty (30) days after written notice is given by either Party to the other Party of such violation; or
ii) If, in the reasonable judgment of District, City’s acts or omissions: (a) interfere with the educational programs or activities of the District or any school or class conducted at the Opal Cliffs Property or in any building; (b) represent an immediate threat to the health, welfare or safety of District’s students, staff, 109
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Page 4 Soquel Union Elementary School District
DWK 4628610v1
or the public; (c) violate applicable laws, codes, rules, regulations, or ordinances; (d) subject or expose District and/or its Board of Trustees (“Board”) to liability to others for personal injury or property damage; or (e) unduly disrupt the residents in the surrounding neighborhood, then District shall have the right, in its sole discretion, to terminate this Agreement immediately, unless, at District’s sole option, City cures such default within twenty-four (24) hours of notice of termination, or longer in District’s sole discretion; or
iii) City is adjudged bankrupt, City makes a general assignment for the benefit of creditors, or a receiver is appointed on account of City’s insolvency; or iv) If State Funding for any reason is reduced, stopped or eliminated, District will provide written notice of termination to City, or written notice of a reduction in scope of Services provided under this Agreement, and City shall cease providing the Services, or reduce the scope of Services provided, as applicable, upon either: (a) the effective date of the notice or (b) the date indicated by District in the notice, within District’s discretion, and District will compensate City for Services rendered up to the date therein indicated.

C. Effect of Termination. In the event of termination of this Agreement, City shall stop providing the Services as of the effective date of termination and begin to cooperate with District in diligently fulfilling any District or CDE requirements in closing out the Services, including but not limited to, reconciliation of any outstanding administrative, programmatic and fiscal matters and the return of any equipment or supplies purchased with State Funding to District. District shall compensate City for Services satisfactorily rendered through the effective date of termination, subject to the terms and conditions of this Agreement. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to the District in the event of termination.

6. Equipment and Materials. City shall furnish, at its own expense, all tools, labor, materials, equipment, supplies, and any other items necessary for the Services to be provided in a manner which is consistent with generally accepted standards of the profession for similar services except for any facilities, furnishings, equipment, or other resources that the District may agree to provide. City shall be responsible for the use of equipment under its possession or control by its employees, agents, volunteers, contractors, and subcontractors. District shall not be liable for injury, loss, or damage arising from City’s negligent use or misuse of such equipment.

However, nothing in this Agreement shall relieve District of responsibility for injury, loss, or damage caused by the District’s own negligence, willful misconduct, or failure to properly maintain equipment owned, furnished, rented, or loaned by the District.

7. Independent Contractor. City, in the performance of this Agreement, shall be and act as an independent contractor with the sole authority for controlling and directing the performance of the details of the Services, including compliance with all ELO-P requirements, District being interested only in the results obtained. City understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partners, or joint venture of District, and are not entitled to benefits of any kind or nature normally provided employees of District and/or to which District’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation. City shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to City’s employees. 110
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Page 5 Soquel Union Elementary School District
DWK 4628610v1

8. Program, Staffing and Background Verification.

A. City represents that City has the qualifications, knowledge, and ability to perform the Services in a professional manner, without the advice, control or supervision of District in accordance with generally and currently accepted principles and practices of its profession for services to California school districts. City is solely responsible for being informed of and updated on all ELO-P requirements, providing the Services in compliance with all ELO-P requirements and District Board policies, and maintaining safety when delivering the Services pursuant to this Agreement.

B. City represents that it is duly authorized to provide the Services, and at District request, City shall provide copies of relevant license(s), permit(s), accreditation(s), and/or certification(s) to District. City shall be solely responsible for obtaining all necessary permits, licenses, and approvals from any and all applicable state, local or other regulatory agencies related to the provision of Services.

C. City shall be solely responsible for the hiring of all employees. City shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its employees, staff, agents, volunteers, consultants, and/or subcontractors who may provide the Services in conjunction with City’s operation and administration of the ELO-P activities.

D. Prior to commencement of Services, City shall complete the Criminal Background Investigation/Fingerprinting Verification Certification attached hereto as Exhibit “D” and shall be responsible for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements described in Education Code section 45125.1. City shall provide to District written verification of compliance with the aforementioned fingerprinting and criminal background investigation requirements prior to each individual’s commencement of employment or participation in providing the Services. City shall not allow any person for whom the District has not received satisfactory written verification of compliance to enter the Opal Cliffs Property or provide the Services for any purpose related to or arising out of this Agreement at any time that District pupils may be present or otherwise have contact with District pupils.

9. District’s Evaluation of City. The District may evaluate the City in any way the District is entitled pursuant to applicable law. The District’s evaluation may include, without limitation, announced and unannounced observance of City’s Services.

10. Tuberculosis Risk Assessment/Testing and Immunizations. City agrees to have its employees and employees of its subcontractors submit to a Pre-K and K-12 Tuberculosis Risk Assessment Questionnaire and Certificate of Completion Form from the California Department of Public Health. A licensed health care provider, including registered nurses, must administer the assessment within 60 days of hire. If tuberculosis risk factors are identified, a TB test is required.

City shall also comply with the licensing requirements of California Health & Safety Code Section 1596.7995 by requiring that all of City’s employees and employees of its subcontractors be immunized against measles, pertussis, and influenza, unless the individual presents a valid medical exemption. City shall maintain written documentation that all employees have satisfied this requirement and shall make such records available, upon request of the District. City further agrees to comply with all applicable federal, state, and local regulations and laws regulating child immunization requirements and admittance of children in public school, child care, and/or preschool programs, as applicable, including California Health & Safety Code section 120325, et seq.

11. Hold Harmless/Indemnification. To the furthest extent permitted by California law, City shall, at its sole expense, defend, indemnify, and hold harmless the District, its Board and members of the Board, agents, representatives, officers, consultants, employees, trustees, and volunteers (the 111
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“District Indemnified Parties”) from and against claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, but only to the extent caused by the negligent acts, errors, omissions, or willful misconduct of the City, its officers, employees, agents, volunteers, contractors, or subcontractors in the performance of this Agreement or operation of City’s programs or breach of this Agreement by City. City’s obligations under this section shall not apply to the extent any claim, loss, damage, liability, cost, or expense is caused by the negligence, active negligence, sole negligence, comparative fault, willful misconduct, or unlawful acts or omissions of the District or any District Indemnified Party, or by defects in, dangerous conditions of, or failure to maintain the Opal Cliffs Property or District-owned equipment or facilities. Each party shall be responsible for the consequences of its own negligent or wrongful acts and omissions and those of its officers, employees, agents, contractors, and volunteers. Where liability arises from the concurrent negligence or fault of both City and District, City’s indemnification obligations shall be allocated in proportion to its respective degree of fault. The City shall have the right to control the defense of any claim subject to indemnification under this section through counsel reasonably acceptable to the District. The District may participate in the defense with counsel of its own choosing at its own expense. City shall not settle any claim affecting the District’s rights or obligations without the District's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.

12. Insurance.

A. City is a public entity duly organized and existing under the laws of the State of California and maintains a program of self-insurance and/or participates in one or more public entity risk-sharing pools for the liabilities arising out of its operations. City does not maintain commercial general liability insurance except as it may determine appropriate in its sole discretion. City maintains funding and risk-financing mechanisms for liabilities arising from its operations, including claims arising out of its youth programs. City's selfinsurance and/or participation in a public entity risk pool shall satisfy any requirement to maintain liability insurance, including any requirement for sexual abuse, molestation, or sexual misconduct liability coverage, to the extent such risks are covered through City's self-insurance program or risk pool.

B. The parties acknowledge and agree that City's self-insurance program, risk financing mechanisms, reserve funds, and participation in public entity risk pools satisfy any insurance requirements applicable to City under this Agreement.

C. Upon request, City shall provide District with a letter or certificate of self-insurance, evidence of participation in a joint powers authority (JPA) risk pool, or other documentation reasonably evidencing City's self-insured status and ability to satisfy its liabilities under this Agreement.

13. Cooperation with Other Occupants of the Opal Cliffs Property. It is understood and recognized by City that the Opal Cliffs Property will be used by other parties, including District, and City shall cooperate with the other parties in reaching amicable arrangements regarding matters of concern, such as use of common areas, security measures, etc.

14. Non-Discrimination. City and its employees shall not discriminate against any person because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. City shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. City covenants to meet all requirements of District pertaining to non-discrimination in employment. If City is found in violation of the non-discrimination provision of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in 112
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the conduct of its activities under this Agreement by the State of California Fair Employment Practices Commission or the equivalent federal agency or officer, it shall thereby be found in default of this Agreement.

15. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by electronic mail transmission or overnight delivery service addressed as follows:

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT
ATTN: Superintendent
620 Monterey Avenue
Capitola, CA 95010
Email: [email protected]

CITY OF CAPITOLA
ATTN: Director
Community Services and Recreation
4400 Jade St
Capitola, CA 95010
Email: [email protected]
Any notice personally given or sent by electronic mail transmission shall be effective upon receipt.

Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective three (3) calendar days after deposit in the United States mail.

16. Assignment. City shall not assign its rights, duties or privileges under this Agreement, without the written consent of District. Any such attempt without District written consent shall be void.

17. Entire Agreement of Parties. This Agreement constitutes the entire agreement between the Parties with respect to City’s provision of the ELO-P Services and supersedes all prior discussions, negotiations, and agreements, whether oral or written, with respect to the same. This Agreement may be amended or modified only by a written instrument mutually executed by the Parties and approved by the District’s Board.

18. California Law. This Agreement shall be governed by, and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with, the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the County of Santa Cruz, California.

19. Attorneys’ Fees. In the event of any dispute under this Agreement, or the default by any Party of that Party’s obligations hereunder, then each Party shall be responsible for its own attorneys’ fees.

20. Waiver. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

21. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

22. Interpretation. No provision of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.
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23. Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

24. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

25. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party except as may be expressly provided herein.

26. Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein.

27. Authority. Each person signing this Agreement represents and warrants that he/she/they is duly authorized and has legal capacity to execute this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized, and this Agreement is valid and a legal agreement binding on such Party and is enforceable in accordance with its terms.

28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of the actual original signature. All counterparts so executed shall constitute one Agreement binding all the Parties hereto.

29. Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.
[SIGNATURE PAGE AND EXHIBITS FOLLOW.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.

Dated: , 2026

SOQUEL UNION ELEMENTARY SCHOOL
DISTRICT, a California public school district
By: __________
Scott Turnbull, Superintendent
Dated: , 2026
CITY OF CAPITOLA, a political subdivision of
the state of California
By: __________
Jamie Goldstein, City Manager
Information regarding City:

License No.:

Address:

Telephone:

Facsimile:

E-Mail:

Type of Business Entity:
____ Individual
____ Sole Proprietorship
____ Partnership
____ Limited Partnership
____ Corporation, State: ______
____ Limited Liability Company
____ Other:
______________________________:

Employer Identification and/or
Social Security Number
NOTE: Section 6041 of the Internal
Revenue Code (26 U.S.C. 6041)
and Section 1.6041-1 of Title 26 of
the Code of Federal Regulations
(26 C.F.R. 1.6041-1) requires the
recipients of $600.00 or more to
furnish their taxpayer information
to the payer. In order to comply
with these requirements, District
requires City to furnish the
information requested in this
section.
[EXHIBITS FOLLOW.]
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EXHIBIT “A”

EXPANDED LEARNING SERVICES
City shall operate the District’s ELO-P in conformance with the specifications set forth as follows in this Exhibit “A”, applicable state law, including without limitation Education Code section 46120 and CDE guidance.

1. City shall provide the Services to qualifying students, as identified by District, as follows:
a. Afterschool Program: City shall operate and administer the Afterschool Program, including coordinating the enrollment and registration of students, at the Opal Cliffs Property for those eligible District students identified by District and enrolled in the 6th grade at New Brighton Middle School. Pending space availability, the Afterschool Program may be expanded to include eligible 7th and 8th grade students, identified by the District, who are enrolled in New Brighton Middle School. City will be compensated by District for the Services delivered to eligible students, identified by District, in accordance with Exhibit “C”.

Use of the Opal Cliffs Property is subject to the terms and conditions in Exhibit “B,” and City shall provide the program in the facilities designated in Exhibit “B.1.” The Afterschool Program shall be provided for a minimum of three (3) hours per school day, Monday through Friday, commencing at the end of the school day, during the regular school year. The Afterschool Program includes time for students to have a snack and outdoor recess.

The City shall provide daily transportation for the eligible students, as identified by District, from New Brighton Middle School to the Opal Cliffs Property for the Afterschool Program.

District has designated the Opal Cliffs Property as the pick-up site for students, and City shall inform all parents/legal guardians of students enrolled in the Afterschool Program of the student pick-up location at the Opal Cliffs Property. b. Intersession School Break & Summer Camps: City shall operate and administer a program with activities similar to the Afterschool Program, including coordinating the enrollment and registration of students, at the Opal Cliffs Property during intersession and summer breaks for those eligible District students identified by District and enrolled in the 6th grade at New Brighton Middle School. Pending space availability, the School Break and Summer Camps may be expanded to include eligible 7th and 8th grade students, identified by the District, who are enrolled in New Brighton Middle School. City will be compensated by District for the Services delivered to eligible students, identified by District, in accordance with Exhibit “C”.

Use of the Opal Cliffs Property is subject to the terms and conditions in Exhibit “B,” and City shall provide the program in the facilities designated in Exhibit “B.1.” School Break and Summer Camps shall be provided for a minimum of nine (9) hours per day during intersession and summer breaks that occur during the 2026-27 school year, on the dates indicated below, with the dates for Camp Capitola to be held during summer break to be mutually agreed upon by the Parties in writing. District and City will cooperate to finalize the School Break Camps intersession schedule for the regular 2027-28 school year based on the school’s schedule.

October Break October 12 - 13, 2026 2 days
Thanksgiving Break November 23 – 25, 2026 3 days
Winter Break 1 December 21 – 23, 2026 3 days
Winter Break 2 December 28 – 31, 2026 4 days
Winter Break 3 January 4 – 5, 2027 2 days
Spring Break April 5 – 9 & 12, 2027 6 days
Camp Capitola Summer Months 2-week session / 10 days
Total 30 days
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The City shall provide daily transportation for the eligible students, as identified by District, from New Brighton Middle School to the Opal Cliffs Property for the School Break and Summer Camps. District has designated the Opal Cliffs Property as the pick-up site for students following the conclusion of the program, and City shall inform all parents/legal guardians of students enrolled in the School Break Camps of the student pick-up location at the Opal Cliffs Property.
c. Equity Swim Program: City shall operate and administer the Equity Swim Program, including coordinating the enrollment and registration of students, at the Soquel High School from August through May for District’s eligible K through 3rd grade students, as identified by District, enrolled at Soquel, Main Street, and Santa Cruz Gardens Elementary Schools. City will be compensated by District for the Services delivered to eligible students, identified by District, in accordance with Exhibit “C”.

The Equity Swim Program shall be provided for a minimum of three (3) hours on Tuesdays, Thursdays and Sundays, commencing at the end of the school day on Tuesdays and Thursdays. Notwithstanding the student to staff ratio contained in this Exhibit “A”, for the Equity Swim Program, City must maintain a staff to pupil ratio of no greater than 1:5 for all grade levels, with at least one certified lifeguard on duty at all times during swimming activities
The City shall provide daily transportation for the eligible students, as identified by District, from their school site to Soquel High School for the Equity Swim Program. District has designated the Soquel High School as the pick-up site for students, and City shall inform all parents/legal guardians of students enrolled in the Equity Swim Program of the student pickup location at the Soquel High School.

The City shall be responsible for securing and maintaining all necessary agreements or use permits with the Santa Cruz City Schools for City’s use of the swimming pool at Soquel High School for the Equity Swim Program. The City shall ensure that any agreement with Santa Cruz City Schools does not impose operational, indemnity, insurance, payment, supervision, or facility-use obligations on the District without the District’s prior written consent.

The City shall be solely responsible for the planning, administration, staffing, supervision, transportation, instruction, operation, and management of the Equity Swim Program, including all activities occurring at or in connection with the swimming pool located at Soquel High School. The District shall not be deemed to operate, control, supervise, staff, inspect, manage, or direct the Equity Swim Program or the swimming pool facility by virtue of allowing District students to participate, communicating Program information to families, receiving Program records, or coordinating with the City regarding student participation.

The City shall be solely responsible for all aquatic safety measures for the Equity Swim Program, including, without limitation, swim testing, participant classification by swimming ability, supervision of participants in and around the pool, lifeguard coverage, instructor qualifications, rescue readiness, emergency response, enforcement of pool rules, participant head counts, buddy checks, monitoring of non-swimmers and weak swimmers, and exclusion or restriction of any participant whose swimming ability, medical condition, behavior, or other circumstances create an unreasonable safety risk.

The City shall ensure that all persons providing aquatic instruction, swimming instruction, water safety instruction, water-contact activities, lifeguard services, or participant supervision in connection with the Equity Swim Program possess all certifications, qualifications, training, and clearances required by applicable federal, state, and local law, including, without limitation, current lifeguard training, first aid, and CPR certifications 117
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required under California Health and Safety Code section 116033 and related public-pool safety requirements.

Lifeguards assigned to the Equity Swim Program shall have no duties during pool use other than supervising the safety of participants in water-contact activities, performing rescue functions, enforcing pool-safety rules, and responding to emergencies.

Before each Equity Swim session, the City shall determine and document appropriate lifeguard, instructor, and adult-supervisor staffing levels based on the number of participants, participants’ ages, swimming abilities, medical or disability-related needs, pool configuration, activities offered, and applicable law, standards, and guidance. In no event shall the City conduct any Equity Swim session unless the City has sufficient certified lifeguards and trained adult supervisors on site to provide continuous supervision of all participants in and around the pool.

The City shall provide additional staffing, restrictions, flotation devices, or individualized supervision for non-swimmers, weak swimmers, participants with disclosed medical or disability-related needs, or participants whose behavior presents safety concerns.

The City shall maintain and implement a written emergency action plan for the Equity Swim Program addressing, at minimum, drowning, near-drowning, missing participant, medical emergency, seizure, cardiac or respiratory distress, severe weather, evacuation, lockdown or security event, and reunification with parents/guardians. The emergency action plan shall identify responsible personnel, emergency communication procedures, rescue procedures, first aid/CPR/AED procedures, 911 activation protocols, parent/guardian notification procedures, and incident-reporting requirements.

The City shall train all Program staff on the emergency action plan before the first Equity Swim session and at reasonable intervals thereafter. The City shall provide the District with a copy of the emergency action plan upon request.

The City shall ensure that all legally required and reasonably necessary safety, rescue, firstaid, and emergency equipment is present, accessible, operational, and appropriately located during each Equity Swim session, including, without limitation, rescue tubes, reaching poles, ring buoys or equivalent rescue devices, first-aid supplies, emergency communication equipment, and access to an automated external defibrillator where required or reasonably appropriate. The City shall confirm before each session that such equipment is available and functional.

2. Transportation. When transporting District students from their respective school sites to Opal Cliffs Property or Soquel High School, City shall use vehicles and drivers that comply with all applicable federal, state, and local transportation safety laws and regulations, including but not limited to California Vehicle Code and Education Code requirements for the transportation of pupils.

City shall ensure all drivers are properly licensed, have completed background checks in accordance with this Agreement and Exhibit “D,” and have completed the Tuberculosis Risk Assessment/Testing and Immunizations requirements set forth in the Agreement.

3. Enrollment; Early Release. The Services shall be provided to those eligible District students identified by District, which students shall be given first priority for enrollment in the City’s programs. District shall be responsible for outreach to families of students who are eligible for the Services and for assisting eligible families in applying for and enrolling in City’s programs. Other than the eligible students identified by District, District’s other students may also attend the City’s programs, subject to the priority of eligible student enrollment set forth herein, provided that the District will not compensate or provide reimbursement to City for these students and that City shall 118
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obtain a completed Waiver from the students parent or legal guardian, as required in this Section, below. City shall be solely responsible for the program costs and securing any payment or separate written permission from the parents/legal guardians to transport District’s non-eligible students to the off-site program locations.

City shall request, in writing, from parents or guardians each pupil’s health information, such as whether a pupil has allergies or asthma, before pupil’s enrollment in the program. Parents or guardians may provide this information at their discretion and are not required to provide pupil health information in order for the pupil to receive the Services or enroll in any program.

During enrollment of any District student in any program provided by City, regardless of whether City will be compensated by District, City shall have the child’s parent/legal guardian complete and submit the Acknowledgement and Assumption of Risk; Release and Waiver of Liability and Indemnity Agreement (“Waiver”) attached hereto as Exhibit “F”. City shall submit to District copies of all completed Waivers for students following the close of a program’s registration.

In no event shall the number of enrolled students plus staff exceed the maximum occupancy set by the fire marshal for the facilities used by City, nor shall enrollment exceed the maximum capacity permitted under City’s license as applicable. Any additional activities shall only be permitted with the prior express written approval and consent of District. District may, at its sole discretion, assess a surcharge to cover the additional impact on the Opal Cliffs Property of any change to City’s Services in an amount to be separately agreed by District and City.

City, in coordination with and with the approval of the District, shall establish a policy regarding reasonable early daily release of students from the programs. It is the Parties’ intent that students participate in the full daily offering of the programs, except as allowed by the early release policy.

4. Meeting Participation. City and District shall meet prior to the beginning of each new school year and as may be requested by either Party to coordinate and discuss the Services.

5. Coordination with Community Organizations. City may coordinate with community-based organizations supporting students. In the event that City subcontracts for a portion of the Services with a community-based organization, City shall enter into a written agreement for the subcontracted services, which written agreement shall require subcontractor to adhere to all requirements set forth in this Agreement, including without limitation, indemnification of the District, satisfaction of insurance requirements naming City, District and its Board as an additional insured, completion of a fingerprint and background check certification, and maintaining confidentiality of student records. City shall not share student records with any subcontractor unless a Form of Academic Release, attached hereto as Exhibit “E”, is obtained from the student’s parent or legal guardian permitting release of student records specifically to subcontractor. All subcontracts shall be submitted to District by City, before execution, for review and preapproval to ensure all applicable requirements of this Agreement are included, and insurance certificates and fingerprinting certificates shall be provided to District before commencement of subcontractor’s services.

6. Parent Outreach and Communication. City will host events for District’s parent/families of the participating students to improve access and engagement with the District’s families. City shall have check-in meetings with parents/legal guardians and students on a regular basis to discuss student performance, successes and needs.

7. Student Discipline. City shall report any disciplinary issues to District that occur while delivering the Services. City’s staff shall use referral forms agreed to by the Parties for any behavior management issues.

8. Quality Improvement. City shall implement a continuous quality improvement cycle to assess, plan and improve program based on the quality standards for ELO-P expanded learning. 119
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9. Staffing Ratios. All City’s employees who supervise students must meet the District’s minimum instructional aide qualifications. City must maintain a staff to pupil ratio of 1:20, unless working with TK/K pupils, where the staff to pupil ratio must be at least 1:10. Mixed pupil groups that include any TK/K pupils shall adhere to the 1:10 staff to pupil ratio requirement.

10. ELO-P Plan. District’s Board approved “Expanded Learning Opportunities Program Plan Guide”, attached hereto as Exhibit “A-1” (“ELO-P Plan”) as a part of this Exhibit “A”, applies to District’s ELO-P. City shall comply with the ELO-P Plan as applicable to Services provided by City after school during the regular school year, and during any intersession programming if applicable.

The Parties will annually review the ELO-P Plan prior to the start of each new school year during the Term and any Renewed Term and, as applicable, every three (3) years the ELO-P Plan shall be updated and approved at the discretion of the District’s Board, and attached to this Agreement as a part of Exhibit “A-1.”

11. Attendance. City shall maintain accurate daily student attendance in compliance with all ELO-P requirements and submit them to the District within two (2) business days of a District request or as required by this Agreement. Failure to maintain attendance may result in non-renewal or early termination of this Agreement.

12. ELO-P Requirements.
a. City shall provide the Services in accordance with Education Code section 46120 and any and all applicable state regulations and audit requirements that are currently or may become effective during the Term, or any Renewed Term, of this Agreement. b. The Services shall comply with the following requirements:
i) The expanded learning activities shall focus on developing the academic, social, emotional, and physical needs and interests of children through hands-on and engaging learning experiences. The program should be pupil-centered, results driven, including community partners where appropriate, and complement (but do not replicate) learning activities in the regular school day. Each component of the program shall consist of the following two elements:

1. An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.

2. An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
ii) City shall provide Services to students with disabilities and shall cooperate with District’s Special Education Department to determine the needs and services and provision thereof for children requiring additional support or services based on reasonable accommodations.
iii) City shall comply with the program requirements set forth in subdivision (b) of Education Code Section 46120, including the following:

On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 175- instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
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For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day.

City and District will work cooperatively to establish a program schedule that complies with these requirements, with City providing the Services necessary to fulfill the required time for each school day.
iv) Every District student is eligible to participate in the City’s programs, subject to program capacity, and the priority of student enrollment for ELO-P set forth in this Exhibit “A”. The City may charge family fees for the City’s programs for students not compensated by District with ELO-P funds, provided that such fees shall be on a sliding scale that considers family income and ability to pay, pursuant to Education Code sections 46120(b)(8) and 8482.6. City’s fees and sliding scale shall be subject to District review to ensure compliance with Education Code. Fees shall be waived for children who are English language learners, eligible for free or reduced-priced meals, for a child that is a homeless youth as defined by the federal McKinney-Vento Homeless Assistance Act (42 United States Code Section 11434a), or for a child who City or District knows is in foster care. City shall use reasonable efforts to ensure that program access remains free or low-cost for families with demonstrated need, consistent with applicable law and District-approved fee policies. City shall maintain records of all family fees charged, collected, and waived, and shall make such records available to District for review and audit upon request. v) City shall cooperate with District in regard to any audit conducted pursuant to Education Code Section 41020 to determine compliance with the programmatic requirements of subdivision (b) of Section 46120. Fiscal data, including attendance data, evaluation data, and any additional requested data must be accurate and provided to District in a timely manner. City shall be responsible for reimbursing the District for any loss of State Funding, or for the payment of any financial fees or penalties, that result from any and all audit findings due to the acts or omissions of City.

At City’s sole cost and expense, City shall maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of City transacted under this Agreement. City shall retain these books, records, and systems of account during the Term and any Renewed Term of this Agreement and for five (5) years thereafter. City shall permit District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to this Agreement.

Audit(s) may be performed at any time, provided that District shall give reasonable prior notice to City and shall conduct audit(s) during City’s normal business hours, unless City otherwise consents.
vi) Meals and snacks shall be provided by City to students at City's sole cost and expense and shall comply with the nutrition standards set forth in The Pupil Nutrition, Health, and Achievement Act of 2001 (Education Code Sections 49430–49434). Any meals made available shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 United States Code Section 1766).

13. Other Programmatic and Staffing Requirements.
a. Pursuant to Education Code section 46120(b)(13), an ELO-P may operate without obtaining a child daycare facility license or special permit under Chapter 3.4, commencing with section 1596.70, or Chapter 3.5, commencing with section 1596.90, of Division 2 of the California 121
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Health and Safety Code; provided, however, that nothing in Education Code section 46120 exempts a program from applicable child daycare facility licensing requirements when serving children who do not participate in an After School Education and Safety Program, the 21st Century Community Learning Centers program, or an ELO-P. City represents and warrants that, based on the nature, scope, funding, participants, hours of operation, and manner of delivery of the Services or its programs, City is not required to obtain or maintain a child daycare facility license or special permit under Chapter 3.4, commencing with section 1596.70, or Chapter 3.5, commencing with section 1596.90, of Division 2 of the California Health and Safety Code in order to perform the Services or operate its programs. City shall be solely responsible for determining whether any license, permit, registration, approval, waiver, exemption, or other authorization is required for City’s performance of the Services or the operation of its programs, including as a result of any change in applicable law, program structure, funding source, participant population, location, schedule, staffing model, or scope of services. If City becomes aware of any fact, circumstance, governmental communication, or change in law that may affect the accuracy of the representations and warranties in this section, or may require City to obtain a child daycare facility license or special permit, City shall promptly notify District in writing and shall, at City’s sole cost and expense, obtain and maintain any required license, permit, approval, or authorization before continuing the affected Services or operating the programs. City’s use of the Opal Cliffs Property to offer the Services shall comply with the terms of this Agreement, all District Policies, rules and regulations, and any regulation, order, law, statute, or ordinance of a governmental agency having jurisdiction over the Services and use of the Opal Cliffs Property and facilities.
b. Health and Safety. City agrees that it will deliver the Services offered in a competent, safe, sanitary and efficient manner at least comparable to other well-managed operations of a similar type. City shall comply with all legal obligations, as well as all local, state, and federal laws and regulations, in delivering the Services, including without limitation background clearance, mandated reporter training, and health and safety certifications. City represents to District that it is qualified to deliver the Services. City shall be solely responsible for all aspects of the Services, including the enrollment of students, the recruitment, employment, and training of employees, the payment of employment, income, sales, and the collection of fees in accordance with all applicable laws. City shall develop and observe security measures to protect children enrolled in the program and provided the Services, including but not limited to emergency contact information, sign-in/sign-out procedures, and a visitor sign-in log, and otherwise as required by license and law. City understands that California Senate Bill 553 requires implementation of a Workplace Violence Prevention Plan, effective July 1, 2024, and City agrees to adhere to the District’s Workplace Violence Prevention Plan applicable to the Opal Cliffs Property.

Pursuant to Education Code sections 46120(b)(2)(D) and 8483.4, City shall notify the District by the next working day following, and submit to District a written report within seven (7) days of, the occurrence of any health- or safety-related issues, including, but not limited to, issues involving criminal background clearances for employees and other individuals participating in the provision of the Services as identified in the Criminal Background Investigation/Fingerprinting Certification in Exhibit “D”, building safety at the Opal Cliffs Property or the Soquel High School, and any of the following events:
i) Death of a child from any cause;
ii) Any injury to a child that requires medical treatment; iii) Any unusual incident or child absence that threatens the physical or emotional health or safety of a child;
iv) Any suspected child abuse or neglect, as defined in Penal Code section 11165.6; v) Epidemic outbreaks;
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vi) Poisonings;
vii) Fires or explosions that occur in or on the Opal Cliffs Property or Soquel High School; viii) Exposure to toxic substances;
ix) An arrest of an employee of the City or other individual participating in the provision of the Services; or
x) Any other health and safety event as may be requested, in writing, by District. c. City, at its sole cost and expense, shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants, and/or subcontractors who may provide a portion of the Services in conjunction with City’s activities. d. City shall at all times retain active, qualified, competent, and experienced personnel to supervise Services and to represent and act for City. City shall require its personnel to be properly dressed, clean, courteous, efficient, and neat in appearance at all times. City shall not allow any person(s) to use offensive language and/or act in a boisterous or otherwise improper manner. City’s personnel will ensure the maintenance of a high standard of service to the public. City shall replace any employee whose conduct is detrimental to the best interests of the public. Such employee shall be replaced pursuant to the following standards:
i) If, in the reasonable judgment of District, City’s employee(s) represent an immediate threat to the health, welfare or safety of the children of the District, District’s students, staff, or the public, or if City’s employee(s) acts or omissions violate applicable laws, codes, rules, regulations, or ordinances, or otherwise subject or expose District to liability to others, City shall replace the employee(s) immediately and shall not employ said employee(s) with the Services or at the locations of the Services which are the subject of the Agreement.
ii) If City’s employee(s) engage in conduct or behavior which interferes with the educational program or activities of the District on the Opal Cliffs Property, unduly disrupts the residents of the surrounding neighborhood, or otherwise is detrimental to the best interest of the public, District may provide City with a written statement of complaint describing the conduct or behavior complained of and the corrective action required to resolve the complaint. If, in the reasonable judgment of District, the complaint has not been satisfactorily resolved within thirty (30) days of receipt by City, the employee shall be replaced immediately and shall not be employed on the Opal Cliffs Property.

14. Confidentiality.
a. The Parties acknowledge that they may be exposed to confidential and proprietary information of the other including, without limitation, student records, curriculum and instructional materials, other technical information (including functional and technical specifications, designs, analysis, research, processes, computer programs, and methods), business information (including marketing, financial, and personnel information), intellectual property, trade secrets, and other information designated as proprietary or confidential expressly or by the circumstances in which it is provided (“Confidential Information”).

Confidential Information does not include (i) information already known (outside a contractual relationship between the Parties) or independently developed by the receiving Party, (ii) information in the public domain through no wrongful act, (iii) information received from a third party who was free to disclose it, or (iv) information subject to disclosure pursuant to the California Public Records Act (Gov. Code, § 7920.000 et. seq.), court issued subpoena, or other applicable federal or state law.

b. The Parties shall maintain the confidentiality of all Confidential Information received in the course of this Agreement and comply with all state and federal laws concerning the 123
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maintenance and disclosure of such Confidential Information, including, without limitation, the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and its implementing regulations (34 C.F.R. § 99.1 et. seq.) (collectively, “FERPA”), and California Education Code Sections 49073-49079.9. City shall promptly notify District, and in no event later than seventy-two (72) hours, of any unauthorized access to, disclosure of, or breach involving Confidential Information or student records, and shall cooperate with District in investigating and remediating any such breach. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.
c. Covenant Not to Disclose or Misuse Confidential Information. Each Party agrees that, with respect to the other Party’s Confidential Information, it shall not, without the other Party’s prior written approval, use, disclose to third parties, alter, or remove the Confidential Information in a manner not expressly authorized by this Agreement except as approved in advance by the owner of the information, or as required to comply with federal or state laws or regulations, including without limitation, the California Public Records Act. Each Party shall use at least the same degree of care in safeguarding the other Party’s Confidential Information as it uses in safeguarding its own confidential information. d. Student Records. Prior to District providing City’s access to student records, City shall submit to District written consent from each student’s parent or legal guardian for the release of the student’s records on the “Form of Academic Release” attached hereto as Exhibit “E”.

City shall not provide any subcontractor access to student records unless and until an Academic Release is obtained from each student’s parent or legal guardian that specifically allows that subcontractor to receive such student record. Upon submission of a completed Academic Release, to the extent permissible under applicable state law and in accordance with Board Policies and Administrative Regulations 5125 and 5125.1, the District will provide student information, including grades, progress reports, transcripts, IEPs, SSTs meeting notes and test scores. City will also attend IEP and SST meetings when welcomed by the parent or legal guardian, and as consented to in the Academic Release. District will provide an email address and log in access to Catapult Connect and AERIES for City’s staff as needed. e. District may disclose to City information from student education records as permitted by 34 C.F.R. Section 99.31, as City has “a legitimate educational interest” in providing the Services for the District’s ELO-P pursuant to this Agreement. City shall be considered to be under the direct control of the District for the limited purpose of City’s use and maintenance of student records in order to meet requirements of FERPA and California Education Code. City shall comply with the relevant requirements of FERPA, California Education Code Sections 49073-49079.9, and all other applicable federal and state laws regarding the confidentiality of personally identifiable student information provided by the District. City shall not release any information contained in student records without District’s prior written approval. To protect the confidentiality of student records provided by the District, City will limit access to such records to those employees who reasonably need access to them in order to perform their responsibilities under this Agreement. Upon termination of this Agreement, City shall return to the District all originals and/or copies of student records, in hard copy or electronic format, that it may access in performing Services. All student records shall remain the property of the District.
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EXHIBIT “A-1”
(subpart of Exhibit “A”)

ELO-P PLAN
All ELO-P Plans approved by the District’s Board during the Agreement’s Term and any Renewed Term shall each be incorporated into this Agreement as a part of this Exhibit “A-1” by this reference.

Copies of the ELO-P Plans are available from the District’s Educational Services Office or online at:
https://www.suesd.org/curriculum-instruction.
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Independent Contractor Agreement (ELO-P Services) Exhibit B Soquel Union Elementary School District Page 1
EXHIBIT “B”

USE OF OPAL CLIFFS PROPERTY
Use of the Opal Cliffs Property by City to deliver the Services shall be subject to the following terms and conditions:

1. Title to Opal Cliffs Property. The Parties acknowledge that title to the Opal Cliffs Property is held by the District. Nothing contained in this Agreement shall constitute an agreement by District to subject its fee interest in the Opal Cliffs Property to any lien.

2. Facilities. The facilities in which City shall deliver the Services at the Opal Cliffs Property are defined and described in the attached Exhibit “B-1.”
a. District shall not be responsible for the security of City’s personal property, including supplies and materials for the program, and District shall not be responsible or liable for the loss, theft or damage of any City’s personal property used, kept or stored at the Opal Cliffs Property.
b. City acknowledges and understands that City will be delivering the Services at operating public school campuses. District shall have access to and use of any of the classrooms and storage areas, excepting City-owned facilities, during the times these areas are not used by City for the program, including use by third parties arranged by District. City shall cooperate with District following its scheduled use so as not to interfere with the District’s or a thirdparty’s use. Entrance into any areas of the Opal Cliffs Property other than those designated for City’s use herein is prohibited unless an authorized representative of the District provides written consent for use of such other areas.

3. Facility Maintenance.
a. District Responsibilities: District shall be responsible for routine maintenance, repair, and replacement of the building and its permanent systems, including the roof, foundation, structural components, HVAC, plumbing, electrical, fire and life safety systems, and other permanent building infrastructure, except to the extent repairs are necessitated by damage caused by City’s negligent acts or omissions. District shall also be responsible for:
i) maintaining the Property in compliance with applicable building, fire, health, safety, and accessibility laws applicable to the Property as a public school district facility; ii) maintaining all parking areas, sidewalks, walkways, exterior lighting, landscaping, playgrounds, and other common or exterior areas serving the Property, except to the extent damage is caused by City;
iii) major capital repairs, replacements, and improvements to the Property, within the sole discretion of the District;
iv) abatement of hazardous materials, including asbestos, lead-based paint, mold, or other environmental conditions existing prior to City's occupancy or not caused by City; v) maintaining and repairing furnishings, fixtures, equipment, and other property owned by District and made available for City's use, within the sole discretion of the District; vi) maintaining adequate property insurance or self-insurance for the Property and Districtowned improvements. b. City Responsibilities: City shall be responsible for all routine custodial services associated with its use of the Opal Cliffs Property, including daily cleaning of program areas, trash removal, restroom servicing during program operations, and maintaining the facility in a clean and orderly condition. City shall also be responsible for utility costs associated with 126
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the Opal Cliffs Property during the Term or any Renewed Term and for maintaining any equipment or improvements installed by City.

4. Damage to Opal Cliffs Property. City shall promptly report to District any damage or disrepair of District facilities or improvements known to City and/or caused or discovered by City during City’s use of the Opal Cliffs Property.

5. Utilities. City shall pay District a fixed monthly amount of $500.00 for water, sewer, storm water, gas, electricity, heat, cooling, telephone, refuse collection, janitorial, pest control, security and monitoring services furnished to the facilities used by City, together with all related installation or connections charges or deposits. If during any month of the Term, or any Renewed Term, the District determines that the cost of the City’s monthly consumption of utilities materially exceeds the fixed charge described above then the District shall notify the City and provide an invoice of additional charges due within (30) thirty days of receipt.

6. Condition of Opal Cliffs Property.
a. City acknowledges that it has had an opportunity to inspect the Property and accepts the Property subject to conditions that are reasonably discoverable upon inspection. b. Notwithstanding the foregoing, nothing in this section shall be construed to waive or limit District's responsibility for (i) dangerous conditions of public property, (ii) violations of applicable building, fire, health, safety, or accessibility laws as applicable to the areas and facilities of the Opal Cliffs Property used by City pursuant to this Agreement, (iii) latent defects known to District and not disclosed to City, (iv) District's obligations expressly set forth in this Agreement, or (v) District’s negligence or willful misconduct.

7. City Improvements or Alterations. City shall not construct or cause to be constructed on the Opal Cliffs Property any improvements or alterations of any kind without the prior written approval of District. City shall, at its own expense, obtain all necessary environmental and governmental approvals and permits, including, without limitation, any necessary approvals from the Division of the State Architect (“DSA”), and any local authority including any site, grading, zoning, design review, and other required permits or approvals, if applicable, prior to commencing construction, and shall provide District with evidence of approval by all applicable governmental agencies. All contractors and subcontractors of City, if any, shall be duly licensed and registered in the State of California. City shall be solely responsible for compliance with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the construction or installation of any improvements that are performed by City or on City’s behalf, including, without limitation, prevailing wage requirements. City shall be solely responsible for maintaining the improvements installed thereon during the Term or any Renewed Term of this Agreement and for compliance with all applicable laws, ordinances, rules and regulations.

District is in no manner responsible for damage or theft of City’s equipment, including play equipment or other personal property.

8. Signs. City may, at City’s cost, place City’s signs on or at the Opal Cliffs Property, and otherwise to advertise the Services, provided City obtains the approval and consent of District regarding content, size, and placement of signs, which approval and consent shall not be unreasonably withheld. All signs shall comply with District Policies and local governmental ordinances pertaining thereto. Throughout the Term or any Renewed Term of this Agreement, City shall, at its sole cost and expense, maintain the signage and all appurtenances in good condition and repair. At the termination of this Agreement, City shall remove any signs which it has placed at the Opal Cliffs Property, and shall repair any damage caused by the installation or removal of those signs.
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9. Title to and Removal of City’s Equipment. Title to City’s equipment, personal property, chattels, fixtures and/or improvements (“City’s Equipment”) on the Opal Cliffs Property shall be held solely by City. All of City’s Equipment shall remain the personal property of City and shall not be treated as real property or become a part of the Opal Cliffs Property. District shall have no maintenance or repair obligations with respect to City’s Equipment. On or before the expiration of this Agreement, or within thirty (30) days after any earlier termination hereof, City shall remove City’s Equipment, at its sole expense. City shall repair any damage to the Opal Cliffs Property, caused by said removal and restore the area to good condition, less ordinary wear and tear.

In the event that City fails to timely remove City’s Equipment, District, upon fifteen (15) days written notice, may, without liability on the part of District to City or any person or entity claiming under City, either (1) accept ownership of City’s Equipment with no cost to the District, or (2) remove and/or dispose of City’s Equipment at City’s sole cost. In the event that the District chooses to accept ownership of City’s Equipment, City shall execute any necessary documents to effectuate the change in ownership of City’s Equipment to District. In the event that the District removes and/or disposes of City’s Equipment, City shall pay all costs for the removal and/or disposal of City’s Equipment within thirty (30) days of receipt of an invoice.

10.Restoration Following Use. Following City’s use of the Opal Cliffs Property, City shall be responsible for restoring the area of use, and other portions of the Opal Cliffs Property utilized by City to provide the Services, excepting City-owned facilities, to its condition that existed prior to City’s use with no damage thereto, reasonable wear and tear excepted.

11. Prohibited Uses and Restrictions.
a. The following uses and types of activities are prohibited on the Opal Cliffs Property: (1) Any use or activity which involves the possession, serving, consumption, use, and/or sale of alcoholic beverages, illegal drugs, narcotics, intoxicants, marijuana or synthetic marijuana, tobacco products, including, without limitation, vaporized or e-cigarettes, and/or other restricted substances; (2) Any use or activity which involves gambling and/or the conducting of games of chance; (3) Any use or activity which is inconsistent with the use of the Opal Cliffs Property for the Services expressly stated herein, the use of the Opal Cliffs Property for school purposes, or which otherwise interferes with school or District activities or the regular conduct of schoolwork; (4) Any use or activity which is discriminatory against any group or individual protected under local, state, or federal antidiscrimination laws or District policy; (5) Any use or activity that includes fighting, quarrelling, abusive language, or noise which may be offensive to other uses, activities, or the neighborhood; (6) Any use or activity for the commission of any crime or any act prohibited by law or District policy, nor shall the Opal Cliffs Property be used for any unlawful purpose; (7) Any use or activity which is inimical or contrary to public morals, good manners, taste and/or welfare or which is morally objectionable as unsuitable for a public educational facility; (8) Any use or activity which would, in the sole discretion of District, unduly disrupt the residents in the surrounding neighborhood; (9) Any use or activity which would, in the sole discretion of District, injure or damage the Opal Cliffs Property, school facilities, grounds, equipment, or other school or District Opal Cliffs Property; (10) Any use or activity which may cause an increase in the existing rate of insurance upon the Opal Cliffs Property or cause the cancellation of any insurance policy covering the Opal Cliffs Property; (11) No animals of any kind are allowed on the Opal Cliffs Property except for certified service animals or unless otherwise required by law; (12) Firearms, including pellet guns, BB guns, or sling shots, and other weapons or explosive devices are prohibited on any District Opal Cliffs Property, including the Opal Cliffs Property; and (13) City shall not commit or suffer to be committed, any waste upon the 128
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Opal Cliffs Property, or place any harmful substances, whether solid, liquid or gaseous, in the plumbing, sewer, or storm water drainage systems of the Opal Cliffs Property. b. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Opal Cliffs Property except in trash containers designated for that purpose.

Additionally, City shall comply with all environmental and hazardous materials laws, and shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Opal Cliffs Property. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance which is: (i) defined as hazardous or extremely hazardous pursuant to Title 22 of the California Code of Regulations, Division 4.5, Chapter 11, Article 4, section 66261.30, et seq.; (ii) defined as “hazardous waste” pursuant to section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., or (iii) defined as a “hazardous substance” pursuant to section 10 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, et seq. As used herein, the term “hazardous materials law” means any statute, law, ordinance, or regulation of any governmental body or agency, including, without limitation, the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services, which regulates the use, storage, release, or disposal of any Hazardous Material.
c. When parking at the Opal Cliffs Property, City and its participants, employees, agents, volunteers, licensees, and invitees must park in designated parking locations and drive on designated roadways. Under no circumstances shall City or its participants, employees, agents, volunteers, licensees, and invitees drive or park on lawns, fields, pedestrian pathways, corridors, tracks, landscaping, courtyards, sidewalks, or any other areas not intended for vehicles. Parking in designated fire lanes is prohibited. City shall be solely responsible for any and all property damage or other losses resulting from unauthorized use or parking of vehicles in prohibited areas on the Opal Cliffs Property by City or its participants, employees, agents, volunteers, licensees, or invitees. District shall have no responsibility for the safety of the vehicles or their contents parked at the Opal Cliffs Property, and City assumes the entire risk of lost and theft with respect to personal property placed at the Opal Cliffs Property by City or on its behalf.

12. Taxes and Assessments. It is understood and agreed that all taxes, costs, expenses, assessments, levies, possessory interest taxes, late charges, and other charges and governmental fees, general and special, ordinary and extraordinary, unforeseen as well as foreseen of any kind or nature whatsoever, which prior to or during the Term or any Renewed Term of this Agreement become due and payable upon City’s use of the Opal Cliffs Property or upon fixtures, equipment, or other property installed or constructed thereon, or which City is otherwise required to pay hereunder, shall be the full responsibility of City, and City shall pay all sums prior to delinquency. City is responsible for any interest and penalties that may accrue thereon in the event of City’s failure to pay such amounts, along with all reasonable damages, costs, and attorneys’ fees and expenses which District may incur by reason of any default of City or failure on City’s part to comply with the terms of this Agreement. This provision shall survive the expiration or earlier termination of this Agreement.

13.Construction Related Accessibility Standards. Pursuant to Civil Code section 1938, District states that the Opal Cliffs Property has not undergone inspection by a Certified Access Specialist (CASp).
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14. District’s Right of Entry. District and its authorized agents and representatives may enter the classrooms and areas used by the City at any reasonable time for any purpose whatsoever, within the sole discretion of the District.
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EXHIBIT “B-1”
(subpart of Exhibit “B”)
City will deliver the Services for the Afterschool Program and School Break Camps in Rooms numbered 3 and 4 as depicted below.
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Independent Contractor Agreement (ELO-P Services) Exhibit C Soquel Union Elementary School District Page 1
EXHIBIT “C”

ELO-P FEES
The District will reimburse City for the Services in accordance with the following fee schedule:

District will be invoiced at the City’s resident rate regardless of a student’s address.

Afterschool Program 2026-27
The hourly rate for a resident student enrolling in the Afterschool Program is $5.88. The resident monthly rate, for a student enrolling in the full Afterschool Program, varies by month due to the number of dates the program is in operation. The monthly rates for the Afterschool Program are shown below:

Full Program Enrollment in Afterschool Program
Monthly Resident Rates 2026-27
August $346.92
September $382.20
October $379.26
November $273.42
December $255.78
January $311.64
February $308.70
March $411.60
April $294.00
May $346.92
Full Program Total $3,310.44
Fees for families enrolling in less than the full Afterschool Program (e.g., two days per week) will be prorated accordingly.

Should low participation (i.e., fewer than 6 students) result in the Afterschool Program being less than cost-neutral, the Parties will collaborate to ensure the program can continue to benefit District families while achieving cost-neutrality for the City.

School Break Camps 2026-27
In addition to the Afterschool Program, District students will have the opportunity to enroll in and attend School Break Camps. The daily rate for a resident student is $35.00, which allows a student to participate in School Break Camps from 9:00 a.m. to 4:30 p.m. on the dates indicated below.

The extended care rate is an additional $58.00 per session, which allows a student to participate in School Break Camps from 8:00 a.m. to 5:30 p.m. The rates for School Break Camps are shown below:

Regular Rate Extended Care
Rate
October Break October 12-13 2 days $70.00 $128.00
Thanksgiving Break November 23 - 25 3 days $105.00 $163.00 Winter Break 1 December 21 - 23 3 days $105.00 $163.00
Winter Break 2 December 28 - 31 4 days $140.00 $198.00
Winter Break 3 January 4 - 5 2 days $70.00 $128.00
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Spring Break April 5 – 9 & 12 6 days $210.00 $268.00
Full Program
Total
$700.00 $1048.00
All qualifying students as identified by the District shall be offered the opportunity to attend School Break Camps from 8:00 a.m. to 5:30 p.m. at the Extended Care Rate to comply with ELO-P requirements. District shall compensate City only for the actual time that a qualifying student attends School Break Camp, either at the Regular Rate or Extended Care Rate.

Summer Camp 2026-27
In addition to the Afterschool Program and School Break Camps, District students will have the opportunity to enroll in and attend Summer Camp. The daily rate for a resident student is $35 or $343.00 for the full 10-day program, which operates from 9:00 a.m. to 4:30 p.m. each day. The extended care rate is an additional $58.00 per session, which allows a student to participate in Summer Camp from 8:00 a.m. to 5:30 p.m. The rates for Summer Camp are shown below:

Regular Rate
(Full Program)
Extended Care
Rate (Full
Program)
Camp Capitola 2-week session 10 days $343.00 $401.00
All qualifying students as identified by the District shall be offered the opportunity to attend Summer Camp from 8:00 a.m. to 5:30 p.m. at the Extended Care Rate to comply with ELO-P requirements.

District shall compensate City only for the actual time that a qualifying student attends Summer Camp, either at the Regular Rate or Extended Care Rate.

Equity Swim 2026-27
District’s contribution to Equity Swim would be $16,000 annually. District and the City will split the cost of Equity Swim with each Party contributing $16,000. Equity Swim is an ELO-P enrichment program for identified unduplicated District primary students in Grades K–3.

Estimated Annual Cost Projection for 2026-27
 For each qualifying student who attends the Afterschool Program at the full monthly rate and attends all School Break and Summer Camps at the Extended Care Rate, District will reimburse the City $4,759.44 annually.
 For ten (10) qualifying students who attend the Afterschool Program at the full monthly rate and attend all School Break and Summer Camps at the Extended Care Rate, District would reimburse the City $47,594.40 annually.
 Given that participation is challenging to predict, District’s estimated allocation of ELO-P funding for the Afterschool Program and School Break and Summer Camps is $50,000.00 annually.
 District’s contribution to Equity Swim would be $16,000.00 annually.  Therefore, the total estimated fiscal impact for these programs for the initial two-year Term is $132,000, subject to a written amendment for the 2027-28 school year. Compensation for any Renewed Term shall be separately agreed to in an amendment. 133
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Rates for 2027-28
All rates above are for the 2026-27 year. Given that this is a two-year agreement, rates for 2027- 28 are expected to be similar to those for 2026-27, with reasonable adjustments for inflation. Rates for 2027-28 shall be agreed upon by the Parties and memorialized by written amendment pursuant to Section 4 of the Agreement. Any rate adjustments for 2027-28 shall not exceed three percent (3%) above the 2026-27 rates, unless otherwise agreed to by the Parties in the amendment. 134
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Independent Contractor Agreement (ELO-P Services) Exhibit D Soquel Union Elementary School District Page 1
EXHIBIT “D”

CRIMINAL BACKGROUND INVESTIGATION/FINGERPRINTING CERTIFICATION In accordance with the Department of Justice fingerprint and criminal background investigation requirements of Education Code section 45125.1 et seq.

I, the undersigned, certify to the Board of Trustees of the SOQUEL UNION ELEMENTARY SCHOOL DISTRICT (“District”) that I am familiar with the facts herein certified, I am a representative of CITY OF CAPITOLA (“City”), and I am duly authorized and qualified to execute this certificate on behalf of City. I certify that City has taken the following action with respect to the Independent Contractor Agreement (“Agreement”):

The box below must be checked with regard to City and City’s personnel (officers, principals, paid or unpaid employees, staff, agents, representatives, volunteers, consultants, contractors, vendors, subconsultants, and subcontractors of City who will be delivering the Services or a portion thereof) (“City’s Personnel”) and the arrangements verified by an authorized representative of District. ☐ City, who is not a sole proprietor, has complied with the fingerprinting requirements of Education Code section 45125.1 with respect to all City’s Personnel who may have contact with District pupils not under the immediate supervision of a pupil’s parent, guardian, or District employee during the Term of the Agreement (including any renewed term), and the California Department of Justice has determined (A) that none of City’s Personnel have been convicted of a felony, as that term is defined in Education Code section 45122.1, and/or (B) that the prohibition does not apply to City’s Personnel as provided by Education Code section 45125.1(e)(2) or (3). When City performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to the District pursuant to the subsequent arrest service.

A complete and accurate list of City's Personnel who may come in contact with District pupils during the course and scope of the Agreement is attached hereto. City’s Personnel shall not deliver any portion of the Services or enter District’s Opal Cliffs Property until the DOJ ascertains that that individual has not been convicted of a felony as defined in Education Code section 45122.1.

City’s responsibility for background clearance extends to all of its employees, staff, volunteers, agents, representatives, and officers and all of its vendor’s, consultant’s, contractor’s, subconsultant’s, and subcontractor’s employees, staff, volunteers, agents, representatives, and officers coming into contact with District pupils regardless of whether they are designated as employees or acting as independent contractors of City.

By signing below, I certify that the information contained on this certification form is accurate. I understand that it is City’s sole responsibility to maintain, update, and provide the District with current “Fingerprint and Criminal Background Check Certification” information for all City’s Personnel throughout the duration of the Agreement. A list of City’s Personnel is provided below.
135
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit D Soquel Union Elementary School District Page 2
List of City’s Personnel/Volunteers
Name/Company:

Name/Company:

If further space is required for the list of personnel/volunteers, attach additional copies of this page.

By:

Date:

Signature:

Print Name:

Title: ______________________________________
136
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit E Soquel Union Elementary School District
EXHIBIT “E”

FORM OF ACADEMIC RELEASE
I, the undersigned parent or legal guardian of the student identified below, grant CITY OF CAPITOLA, a subdivision of the state of California (“City”), permission to access and receive copies of my child’s student records, including state test scores, progress reports, report cards and transcripts, Individualized Educational Plans (“IEPs”), and Student Support Team (“SST”) reports.

In addition, I grant City permission to attend IEP/SST meetings and to discuss my child’s performance in school with their teachers and other support staff.

I understand that City will maintain all information about my child as confidential and will not release any such information to any third party without my prior written consent. If City engages a subcontractor to provide services, I understand that a separate written authorization will be required before any student records are shared with such subcontractor.

Student Name:

Student Id #: _________________________________________ School:

Grade:

This authorization will remain in effect until such time as I may file with my child’s school a written withdrawal of consent to release such information.

I certify that I am the parent or legal guardian and that I have legal custody of my minor child.

Parent/Guardian’s Name: ________________________________ Physical Address: _
Mailing Address: _________________________________________ Telephone: _____________________________________________ Email: _________________________________________________ Parent/Guardian’s Signature: _
Date: _
137
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit F Soquel Union Elementary School District
EXHIBIT “F”
WAIVER
[Behind this cover sheet.]
138
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit F Soquel Union Elementary School District
ACKNOWLEDGEMENT AND ASSUMPTION OF RISK; RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“WAIVER”)
Participation in the Afterschool Rec Club and/or School Break Camps, located at the District’s Opal Cliffs Property, located at 4510 Jade Street in Capitola (“Premises”), is offered to current students of the Soquel Union Elementary School District (“District”). The Equity Swim Program, held at the swimming pool at the Soquel High School, owned and operated by the Santa Cruz City Schools, and located at 401 Soquel San Jose Road in Soquel (“Soquel High School”) is offered to District’s students.

The Afterschool Rec Club, School Break Camps, and/or Equity Swim Program are individually and collectively referred to herein as the “Program(s).” The Program(s) are operated and administered by the City of Capitola (“City”).

IN CONSIDERATION of the foregoing, as applicable, and in further consideration of the opportunity to participate in the Program(s) and access the Premises during the Program(s), the undersigned parent/legal guardian (“Undersigned”), for himself or herself or themself, for and on behalf of his or her or their participating child(ren) (“Participant”), and for and on behalf of any personal representatives, heirs, assigns, and next of kin, HEREBY ACKNOWLEDGES, AGREES, UNDERSTANDS, AND REPRESENTS AS FOLLOWS:

1. Enrollment of Participant in the Program(s) by the Undersigned, as well as participation in the Program by Participant (including participation in off-site activities, field trips, if applicable), is optional and voluntary. Undersigned understands and acknowledges that the Programs are not provided at the school site where the Participant is enrolled. The City will be providing transportation for the Participant from his or her or their enrolled school site to the Premises for Afterschool Rec Club and/or School Break Camps, and/or the Soquel High School for Equity Swim and is responsible for student safety and compliance with all applicable laws while transporting the Participant.

2. The City is solely responsible for administering and operating the Programs in compliance with all laws, including, without limitation, the registration and supervision of Participants, the implementation of safety and security measures to protect Participants enrolled in the Programs, and the hiring of all employees. Furthermore, City is solely responsible for aquatic supervision, lifeguarding, pool safety, emergency action plans, and compliance with applicable aquatic-safety requirements. It is further acknowledged, understood, and agreed that the City, and not District, shall be solely responsible for complying with program license and registration laws and requirements, and for verifying the qualifications, credentials, certificates, backgrounds (including, without limitation, fingerprinting/criminal background checks and required health immunizations), and licenses of its employees, staff, agents, volunteers, vendors, and subcontractors who may operate the Program(s), or provide services for the Program(s) or in conjunction with City’s operation of the Program(s) and activities off the Participant’s school site, on or off the Premises, and on or off the Soquel High School property. It is additionally acknowledged, understood, and agreed that neither District nor its employees or representatives have made any representation or warranty as to the City’s compliance with the foregoing, or otherwise related in any way to the operation of the Program(s).

3. The District requires access to the City’s registration records for all Participants enrolled in the Program(s). The Undersigned HEREBY AUTHORIZES, AGREES, AND CONSENTS to the provision of the City’s registration records for the Participant to District, and District’s access to the registration records of the City for the Participant, including, without limitation, any registration form submitted by the Undersigned to the City and confidential health, allergen, and medical history and information and financial information submitted therewith or otherwise in connection with Participant’s enrollment or participation in the Program(s).

4. Participant is granted access to the District’s Premises solely for the purpose of participating in the Afterschool Rec Club and/or School Break Camps during the times those Programs are offered at the Premises. Participant and the Undersigned are to abide by all applicable federal, state, and local laws, and all District rules and regulations governing use of, and conduct upon, the Premises while on the Premises, including, without limitation, prohibitions on the possession, use, or sale of tobacco products (including vaporized or e-cigarettes), alcoholic beverages, cannabis, illegal drugs, narcotics, intoxicants or other restricted substances, firecrackers and other explosive devices, weapons (including, without limitation, knives or pocket knives), or firearms (including, without limitation, guns, pellet guns, or BB guns), as well as prohibitions on lewd conduct and inappropriate touching of any kind. The District does not in any way accept responsibility for the health, welfare, or conduct of any Participant.

5. The Premises are being provided on an “AS-IS” basis, without any representation or warranty by District as to the suitability of the Premises for the Programs or for any other purpose. It is further acknowledged, understood, agreed, and represented that the Undersigned has inspected and carefully considered the Premises and the Program(s), and that by entry on the Premises and/or participation in the Program(s) by the Undersigned and/or the Participant, the Undersigned accepts the same as being safe, in good and sanitary order, condition and repair, and reasonably suited for the purpose of such entry and/or participation by the Undersigned and the Participant.

6. The Undersigned represents that Participant is physically and mentally capable of participating in the Program(s), including, without limitation, off-site field trips, and further represents that the Participant has no known health restrictions that might jeopardize his/her/their safety or health (or has disclosed such known health restrictions upon enrolling in the Program(s)) and/or the safety or health of others during the Program(s) or while in, upon, or about the Premises. In the event of an accident, injury, and/or medical emergency on or off the Premises or the Soquel High School property, City or District and each of their agents or employees are hereby authorized to consent to and obtain for Participant whatever emergency medical treatment or surgery is deemed necessary by the attending physician, paramedic unit, hospital, or 139
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit F Soquel Union Elementary School District
other health care provider deemed appropriate by City or District and each of their agents or employees in the circumstances. Medical costs incurred shall be the responsibility of the Undersigned. The Undersigned understands that an attempt will be made to contact the Undersigned, if possible, before such care is administered.

7. INDEMNIFICATION AND HOLD HARMLESS: To the fullest extent permitted by California law, the Undersigned HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Soquel Union Elementary School District, its Board of Trustees (“Board”) and members of its Board, directors, officers, employees, representatives, agents and volunteers (collectively referred to hereinafter as the “Indemnified Parties”), and each of them, from any and all losses, liabilities, claims, suits, damages, expenses, costs (including, but not limited to, attorneys’ fees and costs), penalties, recourses, fines, and actions of any kind, nature, and description directly or indirectly resulting from, arising out of, or in any manner connected with the Undersigned and/or Participant’s presence in, upon, or about the Premises or Soquel High School, the Undersigned and/or Participant’s use of the Premises, other District facilities, grounds, equipment, or property, or Soquel High School property, or the participation of the Participant in the Program(s) or Participant’s travelling to/from/for the Program(s), including, but not limited to, personal or bodily injuries, illness, death, property damage or loss, whether caused by the negligence of the Indemnified Parties, or otherwise.

8. WAIVER AND RELEASE: The Undersigned, for himself or herself, for and on behalf of his or her Participant(s), and for and on behalf of any personal representatives, heirs, assigns, and next of kin, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Soquel Union Elementary School District or the other Indemnified Parties from/for all liability to the Undersigned, the Participant(s), or all his/her/their personal representatives, heirs, assigns, and next of kin for any loss or damage, and any claim or demands therefore on account of any damage or loss of property, any personal or bodily injuries, illness, or death, whether caused by the negligence of the Indemnified Parties, the City, the Santa Cruz City Schools, or otherwise, while the Undersigned or the Participant are in, upon, or about the Premises or Soquel High School property, using the Premises, Soquel High School Property, or other District facilities, grounds, equipment or property, or participating in or travelling to/from/for the Program(s) (including, without limitation, off-site field trips).

Nothing in this Waiver is intended to release claims that cannot be released as a matter of California law, including claims for gross negligence, willful misconduct, or violations of law.

9. ASSUMPTION OF RISK: The Undersigned understands and acknowledges that there are certain risks inherent in participating in the Program(s) and activities on the Premises, and travelling to/from/for the Program(s) or off-site field trips, including, without limitation, accident, injury, death, illness, or damage to personal property, and that such activities may be dangerous. The Undersigned agrees that District cannot ensure the safety of the Participant. The Undersigned

HEREBY ACKNOWLEDGES AND ASSUMES FULL RESPONSIBILITY FOR AND RISK OF ACCIDENT, PERSONAL OR BODILY INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE to the Undersigned or the Participant in, upon, or about the Premises or Soquel High School property, or while the Undersigned or the Participant are using the Premises, Soquel High School property, or any other District facilities, grounds, equipment, or property, or while Participant is participating in or travelling to/from/for the Program(s) (including, without limitation, off-site field trips), or due to the negligence of the Indemnified Parties, the City, or Santa Cruz City Schools. This assumption of responsibility and risk includes, without limitation, all KNOWN AND UNKNOWN RISKS AND DANGERS, INHERENT OR OTHERWISE.

10. AQUATIC ACTIVITY RISKS. The Undersigned understands, acknowledges, and agrees that participation in Equity Swim involves inherent and other risks, known and unknown, including but not limited to drowning, near-drowning, inhalation of water, slipping or falling on wet surfaces, diving or jumping injuries, collision with other swimmers or pool structures, use or failure of flotation or safety equipment, cardiac or respiratory distress, seizure or other medical events in or near water, delayed medical complications, and death. The Undersigned understands that these risks may occur despite supervision, lifeguards, instruction, rules, safety equipment, or emergency response.

THE UNDERSIGNED further expressly agrees that this ACKNOWLEDGEMENT AND ASSUMPTION OF RISK; RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California, and if any portion thereof is held invalid, illegal, or unenforceable in any respect, it is agreed that such portion shall be severed and the remaining portions shall continue as valid, legal, & enforceable. BY SIGNING BELOW, THE

UNDERSIGNED ACKNOWLEDGES THAT THE UNDERSIGNED HAS COMPLETELY READ, UNDERSTANDS, AGREES TO, AND VOLUNTARILY SIGNS THIS ACKNOWLEDGEMENT AND ASSUMPTION OF RISK; RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, warranties, statements, threats, or inducement apart from the foregoing written agreement have been made. FURTHERMORE, BY SIGNING BELOW, the Undersigned represents that the Undersigned is the parent/legal guardian of the following Participant(s):

Name of Participant(s) [Child(ren) in Program]:
(1) _________________________________ Participant’s School: ________________________________ (2) _________________________________ Participant’s School: ________________________________ (3) _________________________________ Participant’s School: ________________________________ (4) _________________________________ Participant’s School: ________________________________ 140
Item 8 G.

Independent Contractor Agreement (ELO-P Services) Exhibit F Soquel Union Elementary School District
Date: ____________ Signature of Parent/Legal Guardian: _______________________________

Print Name of Parent/Legal Guardian: ______________________________ 141
Item 8 G.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Park at Rispin Mansion Project Completion
Recommended Action: 1) Accept as complete the Park at Rispin Mansion Project constructed by Betz Works Inc. at a final cost of $1,082,118; 2) authorize the City Clerk to file and record a Notice of Completion; 3) adopt a resolution amending the FY 2026-27 Adopted Budget to allocate $32,838 for final project expenditures; and 4) authorize the release of the contract retention of $52,464 as prescribed in the construction agreement.

Background: On March 28, 2024, the City Council awarded a $948,880 contract to Betz Works Inc. for construction of the Park at Rispin Mansion. The project included grading, accessible pathways, amphitheater improvements, site lighting, fencing and gates, drainage improvements, restoration of historic masonry, utility connections, landscaping, and site furnishings. Interior improvements to the Rispin Mansion building were not included in the project scope.

On September 27, 2024, the City approved Change Order No. 1 in the amount of $50,000 to underground electrical service to the site, install conduit for future electrical and telecommunications service, and replace decomposed granite with stamped concrete at the lower amphitheater to improve accessibility.

On May 8, 2025, the City Council approved Change Order No. 2 in the amount of $50,400, funded through Measure Q. This change order added broom-finished concrete along the upper loop pathway, upgraded the lower-level hardscape to colored stamped concrete, and provided additional restoration of the historic railing where existing sections could not be salvaged.

Discussion: The park was substantially completed and opened to the public in December 2025, with a community grand opening celebration held on April 21, 2026. The completed project has transformed the historic Rispin Mansion grounds into a publicly accessible park featuring accessible pathways, restored historic elements, gathering spaces, landscaping, lighting, and scenic overlooks. The project represents an important milestone in preserving one of Capitola's most significant historic properties while providing new recreational opportunities for the community.

Community support for the park has continued beyond completion of construction. Through partnerships with Capitola Cares, the City's Art and Cultural Commission, and community donors, additional enhancements are planned for the site. These include restoration of the historic fountain feature, construction of a historically appropriate arbor, a commissioned mosaic within the reflecting pool partially funded by a National Endowment for the Arts grant, and installation of commemorative donor bricks surrounding the reflecting pool.

During final construction, several additional improvements were identified to address field conditions and complete the project as intended. Change Order No. 3, totaling $32,838, includes installation of additional electrical conduit and an upgraded electrical panel, construction of the concrete pad for the ADA game table shown on the approved plans, additional concrete demolition required to construct the ADA access improvements, and placement of gravel adjacent to the ADA pathway to achieve final grades.

The FY 2026-27 Adopted Budget did not include funding for Change Order No. 3. Staff recommends appropriating $32,838 from the FY 2026-27 Measure Q allocation to fully fund the final project costs.

Construction is now complete, and staff recommends acceptance of the project, authorization to record the Notice of Completion, approval of the budget amendment, and release of contract retention in accordance with the construction contract.
142
Item 8 H.

Fiscal Impact: The Park at Rispin Mansion Project is complete at a final construction cost of $1,082,118.

Approval of the recommended budget amendment will appropriate $32,838 from the FY 2026-27 Measure Q allocation to fund Change Order No. 3, bringing total project funding and expenditures into balance as shown below.

Category Funding Source Amount
Funding Sources
Local Park Project Funds $821,280
Proposition 68 Grant $178,000
Measure Q (FY 2025-26) $50,000
Measure Q (FY 2026-27) $32,838
Total Funding Available $1,082,118
Contract Costs
Original Contract $948,880
Change Order No. 1 $50,000
Change Order No. 2 $50,400
Change Order No. 3 $32,838
Final Contract Cost $1,082,118
Attachments:

1. Park at Rispin Mansion Project Notice of Completion

2. Budget Amendment
Alignment with 2025-2029 Strategic Plan Priority: Accountable Government; Healthy Families, Community, and Environment
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Administrative Services Director; Chloé Woodmansee, Assistant to the City Manager
Approved By: Jessica Kahn, Acting City Manager
143
Item 8 H.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Capitola
Public Works Department
Attn: Jessica Kahn
420 Capitola Avenue
Capitola, California 95010

SPACE ABOVE THIS LINE FOR RECORDER'S USE
THIS INSTRUMENT IS BEING RECORDED FOR THE BENEFIT OF THE CITY OF CAPITOLA.

NO RECORDING FEE IS REQUIRED PURSUANT TO GOVERNMENT CODE §27383.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Capitola, owner of the property hereinafter described, whose address is 420 Capitola Avenue, Capitola, California, has caused a work of improvements more particularly described as follows:

PROJECT NAME: Park at Rispin Mansion Project
PROJECT DESCRIPTION: Construction of park improvements including grading, concrete pathways, amphitheater seating, ADA access improvements, lighting, fencing and gates, drainage, restoration of historic masonry, and installation of utilities and related site work.

PROPERTY LOCATION: Park at Rispin Mansion, 1200 Wharf Road, Capitola, California.

The work of the improvement was completed by:

CONTRACTOR: Betz Works, Inc
ADDRESS: 310 Kennedy Drive, Capitola, CA 95010
The work of the improvements was actually completed on the 13th day of February, 2026, and accepted by the City Council of Capitola on the 23rd day of July 2026.

Signature of City Clerk: _____________________________
The undersigned certifies that she is an officer of the City of Capitola, that she has read the foregoing Notice of Completion and knows the content thereof; and that the same is true of her own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that she believes to be true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at the City of Capitola, County of Santa Cruz, State of California.

Jessica Kahn
Director of Public Works
Signed: ___________________________________
Date: ___________________________________
144
Item 8 H.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE 2026-27 FISCAL YEAR CITY BUDGET
WHEREAS, it is necessary to adopt the 2026-27 Fiscal Year Budget for all City funds; and WHEREAS, the City Council conducted budget study sessions, heard and considered public comments, had modified and proposed a budget accordingly, and on June 11, 2026, adopted such budget for the Fiscal Year July 1, 2026, through June 30, 2027; and WHEREAS, since the adoption of the FY 2026-27 Budget staff have identified the need for additional funding to complete the Park at Rispin Mansion project; and WHEREAS, the City receives $200,000 annually for Measure Q funding restricted for parks and open spaces; and,
WHEREAS, it is necessary to amend the FY 2026-27 Budget to appropriate $32,838 of available Measure Q funds to complete the Park at Rispin Mansion project; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Capitola that the 2026-27 Fiscal Year Budget is hereby amended, including Exhibit A (Budget Amendment) to this Resolution; and
BE IT FURTHER RESOLVED that the Administrative Services Director is directed to enter the budget into the City's accounting records in accordance with appropriate accounting practices, and the City Manager, with the Administrative Services Director's assistance, shall assure compliance therewith.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 23rd day of July 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Margaux Morgan, Mayor
ATTEST:
____________________ ___
Julia Gautho, City Clerk
145
Item 8 H.

Budget Adjustment Request
Date
07/08/2026
Requesting Department *
Public Works
Type of Adjustment
Administrative
Council
Item #
Council Date
July 23, 2026
Council Approval
Revenues
Account Number Account Description Increase/Decrease
1200-00-00-000-3910.100 Interfund Transfer In - General Fund $32,838.00 Total Revenues
$32,838.00
Expenditures
Account Number Account Description Increase/Decrease
1000-99-99-000-4910.200 Interfund Transfer Out - CIP $32,838.00 1200-00-00-000-4390.100 Construction Services $32,838.00 Total Expenditures
$65,676.00
Net Impact
-$32,838.00
Purpose
Transfer $32,838 of Measure Q funds from the general fund to the CIP fund for Rispin Park Project completion.

Department Head Approval
146
Item 8 H.

Finance Director Approval
City Manager Approval
147
Item 8 H.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Community Services & Recreation Department
Subject: Public Art Statue: “To Honor the Women of the Water” Recommended Action: 1) Approve the Art and Cultural Commission’s recommendation for a public artwork titled “To Honor the Women of the Water”; and 2) direct staff to pursue a partnership with County Park Friends for a fundraising campaign to fund the fabrication and installation of the statue.

Background: Chapter 2.58 of the Capitola Municipal Code establishes procedures for the acceptance of donated public art. Pursuant to Section 2.58.090, applicants seeking to donate public art to the City must submit to the Art and Cultural Commission documentation, including preliminary sketches or renderings, an appraisal of the artwork's value, and any additional information necessary for evaluation.

The City received an application for a new public artwork: a bronze sculpture titled “To Honor the Women of the Water.” The proposed sculpture is intended as a companion piece to the iconic “To Honor Surfing” statue located on West Cliff Drive in Santa Cruz. The art piece is designed to recognize the contributions of women to surfing and other ocean-based activities while celebrating Capitola's connection to the ocean and surf culture. The proposal recommends the statue be installed at the entrance to Esplanade Park.

The proposed location is considered interim because the City is currently evaluating future improvements to Esplanade Park, and the final location of the sculpture may be refined through future park planning, engineering, and design review processes.

The estimated value of the bronze sculpture is approximately $350,000. This estimate reflects the value of the artist fees, mold making, and bronze casting, and does not include engineering, site improvements, installation, associated amenities, permitting, or other costs. The applicants propose to conduct a fundraising campaign with County Park Friends to fund the sculpture, installation, annual maintenance, and three conservation treatments. Upon successful fundraising, the donated funds would be provided to the City to engage the sculptor, complete the associated site improvements, install the public art, and establish maintenance of the artwork in accordance with a future agreement.

Pursuant to Capitola Municipal Code Section 2.58.100, the Art & Cultural Commission is responsible for reviewing the proposed donation and forwarding a recommendation to the City Council, which retains sole authority to accept, reject, or conditionally accept the donation.

Discussion: The proposed public artwork is intended to recognize the contributions of women to surfing and other ocean-based activities while celebrating Capitola's longstanding connection to the ocean. The bronze sculpture would depict a woman surfer holding a surfboard and gazing toward Monterey Bay, echoing the iconic “To Honor Surfing” statue on West Cliff Drive in Santa Cruz. The proposal includes artists Brian W. Curtis and Thomas Marsh, the artists responsible for the original “To Honor Surfing” statue. The application (Attachment 1) indicates a stakeholder team, including landscape architect Alison Hobbs as lead designer, and an advisory council comprised of community leaders, surfers, educators, and advocates for ocean recreation. The application includes preliminary sketches, reference images, a conceptual site plan, and an appraisal estimating the value of the sculpture at approximately $350,000.

It is within the Council's authority to accept or deny this proposed public artwork. Rather than providing a completed sculpture to the City, the artwork proponents propose to raise private funds with County Park Friends (CPF). If the Council approves the proposed public artwork on July 23rd, staff will begin working with CPF to prepare a fundraising agreement outlining the responsibilities of each party, including fundraising, transfer of funds, implementation of the artwork, maintenance funding, ownership of the completed artwork, and an anticipated schedule. The agreement would return to the Council for approval before fundraising would begin.
148
Item 9 A.

Donated funds would be provided to the City to commission fabrication of the sculpture, complete the associated site improvements, install the sculpture, and provide maintenance funding. Following a successful fundraising campaign, staff would return to the Council again to execute an agreement with the artist to fabricate the sculpture.

The proposed interim installation location is near the entrance to Esplanade Park, where the stakeholder team envisions an expanded public gathering space incorporating the sculpture, seating, landscaping, and other site improvements. Staff recommends that, if City Council accepts the proposed donation, this interim location be considered as the City embarks upon the Esplanade Park Coastal Access Enhancement and Adaptation Plan. That planning effort includes community engagement opportunities that could include final consideration of the statue's final location.

To inform the public of the proposed donation, staff mailed public notice postcards to surrounding property owners on June 24, 2026 (Attachment 2). Notice of the proposal was also promoted on the City's website, social media platforms, and other online communication channels. Because the proposed installation is located within the Coastal Zone, a Coastal Development Permit will be required. In accordance with permit requirements, staff published a legal notice in the Santa Cruz Sentinel on July 3, 2026.

Consistent with Capitola Municipal Code Chapter 2.58, the Art & Cultural Commission reviewed the donation application, received a presentation from the applicants, and accepted public comment during its regular meeting on July 14, 2026. Following its review, the Commission voted to recommend the City Council accept the proposed public art donation.

Fiscal Impact: Acceptance of the proposed artwork does not require expenditure of Public Art Fund resources for fabrication of the sculpture or associated site improvements. The stakeholder team proposes to raise private funds through County Park Friends to fund the sculpture, engineering, permitting, site improvements, installation, and three conservation treatments. Upon successful fundraising and execution of a future agreement, those funds would be provided to the City to implement the artwork, including fabrication, site improvements, installation, and maintenance.

Should the artwork be accepted by the City Council, staff time would be required for agreement administration, procurement, permitting, engineering review, legal agreements, installation oversight, and long term maintenance of the artwork.

Attachments:

1. Application: To Honor the Women of the Water

2. Noticing Postcard
Alignment with 2025-2029 Strategic Plan Priority: Economic Opportunity; Healthy Families, Community, and Environment; Sustainable Infrastructure
Report Prepared By: Nikki Bryant, Community Services & Recreation Director Reviewed By: Julia Gautho, City Clerk, Chloé Woodmansee, Assistant to the City Manager Approved By: Jessica Kahn, Public Works Director
149
Item 9 A.

TO HONOR THE WOMEN

OF THE WATER
For more than 30 years, the iconic bronze statue "To Honor Surfing" has stood sentinel on West Cliff Drive, overlooking the legendary surf breaks of Steamer Lane and symbolizing this enduring heritage.

Now, we are bringing balance
and completeness to this
tribute with a companion
female surfer statue on the
Capitola Esplanade, titled "To
Honor the Women of the
Water".

Like her male counterpart, she
is not a depiction of any one
individual—she stands as an
archetype, representing all
women who embrace the
ocean.

Mirroring the original in pose,
stature, and artistic vision, she
will be bronzed in a wetsuit (a
nod to modern practicality and
the evolution of surfing).

She will gaze stoically out over the ocean — timeless, resolute, and enduring in her presence. She will be only the third known female surf statue in the world – making her not only an icon of our county, but a statement to the global ocean community.

INITIAL CONCEPT

PENCIL SKETCH
Prepared for the Capitola Art and Cultural Commission
Santa Cruz County is widely recognized as the birthplace of surfing on the mainland United States. In 1885, three young Hawaiian princes introduced the sport to the Mainland by riding waves on redwood boards at the mouth of the San Lorenzo River, igniting a legacy that has defined this coastline for over 140 years. Surfing is deeply woven into our cultural fabric and economy.
150
Item 9 A.

While rooted in surfing, "Honoring the Women of the Water" celebrates a broader community: the trailblazing women who surf, paddleboard, boat, swim, bodyboard, outrigger canoe, and simply love the ocean. It recognizes their strength, grace, and contributions across all water pursuits, expanding the legacy to include every woman who finds joy, challenge, and connection in our waves and waters.

The Women on Waves surf contest is held annually right here at Capitola. Year after year, this contest celebrates exactly the women this statue honors. She will not simply overlook a surf break. She will stand in permanent tribute above a living, annual celebration of women in the ocean.

Each summer, hundreds of children arrive on the beach below the Capitola Esplanade for Junior Guards learning to read the waves, respect the ocean, and find their courage in the water. They will do all of that with her looking on. For the young women among them especially, she will be part of the landscape of becoming — a bronze figure in a wetsuit, board in hand, gazing out at the same water they are learning to love. Before they can name what she represents, they will feel it: that the ocean belongs to them too.

And in August 2025, Capitola's surf breaks were officially welcomed into the Santa Cruz World Surfing Reserve, a designation recognizing the quality of Capitola's waves, the community's stewardship, and its vibrant surfing heritage. The Reserve now spans three jurisdictions: the City of Santa Cruz, Santa Cruz County, and the City of Capitola.

Surfing isn't just about culture, it's about economy. The Save the Waves Coalition estimates the surf economy in Santa Cruz County generates nearly $194 million annually.

ROOTED IN SURFING...

CELEBRATING THE COMMUNITY

WHO SIMPLY LOVE THE OCEAN
Your paragraph text

WHY CAPITOLA
The Capitola Esplanade is
one of the most visited
and beloved coastal
destinations in California — a place where locals
and visitors from around
the world gather to be
near the water. Her
visibility here will be extraordinary
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Item 9 A.

MARKETING

HIGHLIGHTS FOR

THE YEAR
Like her counterpart on West Cliff Drive,
she will become such a part of our daily lives.

We will ride by her,
celebrate around her, and play in the ocean near her.

She will watch us surf, gaze at sunrises and sunsets over the Monterey Bay, and stand as a constant
quiet presence through every season and tide.

Let’s build symmetry across our cliffs,
honor the women of the water, past present and future, and add to the timeless story of our ocean community.

This is a once-in-a-generation opportunity to create Santa Cruz's County’s newest legacy and the next icon of Capitola .

DESIGN TEAM
The statue is being crafted by the same renowned artists as the original, Brian W. Curtis and Thomas Marsh, ensuring seamless continuity between the two.

Alison Hobbs is the project’s lead designer while legendary Santa Cruz shaper Bob Pearson (Pearson Arrow Surfboards) is designing the board.

ADVISORY COUNCIL
Kari Lochhead — Project Founder
Hillary Bryant — Former Mayor, City of Santa Cruz
Shaun Burns — Professional Surfer, Save the Waves & Santa Cruz World Surfing Reserve Nicole Fisher — Photographer & Owner, Rootstock Collective Marisol Godinez — Communications Designer & Women on Waves Contest Organizer Frosty Hesson — Legendary Big Wave Surfer, Coach & Mentor Alison Hobbs — Landscape Architect, Principal at Hobbs Studio & Project Lead Designer Ashley Lloyd — Renowned Surfer & Founder, Ashley Lloyd Surfboards Jane McKenzie — Surf Legend, Santa Cruz World Surfing Reserve Stewardship Council & Former President, Santa Cruz Longboard Union
Kaila Pearson — Surfer, Ocean Lifeguard, Marine Biologist & Biology Professor Peter Mel — Professional Big Wave Surfer & Owner, Freeline Surf Shop Shelby White — High School & Youth Girls Water Polo Coach, Teacher & Mentor Alyana Zanville — Founder, Ola Chica & Women on Waves Contest Organizer 152
Item 9 A.

PRELIMINARY SKETCHES AND REFERENCES IMAGES

REFERENCE IMAGE

BOARD SHAPE SKETCH

MALE SURFER STATUE

ART APPRAISAL
Based on recent estimates, the sculpture has an anticipated cost of $350,000 including artist fees, mold making, and bronze casting.

Not included in this estimate is the engineering, site work, installation or surrounding components of the overall installation (benches, hardscape, landscape, etc). .

Fundraising for the entire project will be through a campaign by County Park Friends, and will include funds for yearly maintenance and at least 3 conservation treatments.

AI RENDERING
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Item 9 A.

PROPOSED LOCATION
This area would allow the creation of a new space, expanding the park and keeping all current art, seating, and landscaping in place.

The project team will work hand in hand with the city to build out the installation components, which will include additional seating and landscaping.

The rounded “bump-out” extension is similar to the existing extension at the corner of Stockton Avenue and Esplanade where the sidewalk was expanded to include areas for benches, bike parking, and landscaping.

REFERENCE IMAGE 9/#$8
Working with the city staff, we have identified an opportunity at the entrance of Esplanade 154
Item 9 A.

NOTICE
Request of
Public
Input
To Honor the Women of the Water
Art & Cultural Commission Meeting
July 14, 2026, 6:30 p.m.

Capitola City Council Chambers
420 Capitola Ave, Capitola, CA 95010
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Item 9 A.

PROPOSAL FOR PUBLIC ART
Capitola City Council meets the second and fourth
Thursdays of each month. The Capitola Art & Cultural
Commission meets the second Tuesday of each month.

The Capitola City Council and the
Capitola Art & Cultural Commission
would like to hear from the community
about the proposed donation “To
Honor the Women of the Water” statue
and proposed location at Esplanade
Park. The meeting will be held on July
14 at City Council Chambers and will
begin at 6:30pm. The Art & Cultural
Commission will review the public art
donation application and provide
feedback to applicant, prior to review
and decision by City Council.

Proposed interim location pending future park improvements 156
Item 9 A.

To Honor the Women of
the Water: Public Art
Recommended Action
• Approve Art and Cultural Commission’s
recommendation for a public artwork titled “To
Honor the Women of Water” and
• Direct staff to pursue a partnership with County
Park Friends for a fundraising campaign to fund
fabrication and installation of statue.
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Item 9 A.

BACKGROUND
• City received a Public Art application for
artwork titled “To Honor the Women of the
Water”
• Project team has established an advisory
council and fundraising plan
• Artwork concept is a woman surfer a
companion to “To Honor Surfing”
• Estimated sculpture value $350,000
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Item 9 A.
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Item 9 A.

Esplanade Park Costal
Access Enhancement &
Adaptation Plan in
progress
Stakeholder outreach and
Community engagement
Ready to pursue
implementation funding
Summer 2027
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Item 9 A.

Interim Location
• Considering Esplanade’s future,
staff identified an interim
location
• Will allow for installment within
project team’s fundraising plan
and timeline
• Able to be modified if Park
design and community
engagement identifies a new
location
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Item 9 A.

Interim Location
Modifications
• Current location is interpretative
signage that needs to be
replaced due to age
• Surrounding area will be
modified to include space for
seating around the statue
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DISCUSSION
• Art & Cultural Commission notice of
Public Art mailed June 24, 2026
• Costal Development Permit notice
published on July 3, 2026
• Art & Cultural Commission reviewed
project on July 14, 2026, and
recommends Council accept artwork
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FISCAL IMPACT
• If approved, Staff will work with County Park Friends to develop an MOU to accept tax deductible funds for artwork on behalf of the project group.
• No planned to use any Public Art Funds
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Item 9 A.

RECOMMENDED
ACTION
1) Approve the Art and Cultural Commission’s
recommendation for a public artwork titled “To
Honor the Women of Water” and
2) Direct staff to pursue a partnership with County
Park Friends for a fundraising campaign to fund
the fabrication and installation of the statue.
169
Item 9 A.

Questions
Also Available
Project Lead: Kari Lochhead
Lead Designer: Alison Hobbs
Artist: Brian W. Curtis
Board Shaper: Bob Pearson
170
Item 9 A.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: City Manager Department
Subject: Fourth Public Hearing To Receive Community Input and Provide Direction to Staff Regarding the Draft Maps and Sequence of DistrictBased Elections & Introduction of Ordinance Recommended Action: 1) Conduct a time-certain duly noticed public hearing at 6:15 PM to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections; 2) Select a District Map; 3) Select the Sequencing of the District Seat(s) to be up for election in 2028, 2030, etc.; and 4) Conduct First Reading/Introduce and waive further reading of an ordinance of the City of Capitola amending Chapter 2.04 of Title 2 of the Capitola Municipal Code to provide for the election of City Council Members by four districts with an elected mayor; establish district boundaries and election order for each district; and make other amendments.

Background: On April 30, 2026, the City Council adopted Resolution No. 4482, outlining its intention to transition from at-large to district elections, specific steps it will undertake to facilitate the transition, and an estimated timeframe for doing so.

On May 14, 2026, the City Council received an informational presentation about the topic of districting.

On May 28, 2026, and June 11, 2026, the City Council held public hearings, at which the public was invited to provide input regarding the composition of the districts. On June 11, 2026, the City Council provided direction to compose maps containing four districts, with a Citywide elected Mayor to serve a two-year term beginning in 2028.

On June 17, 2026, the City released three draft boundary maps on the City website for community consideration. On June 20, 2026, the City held a public outreach meeting to solicit further community input on the proposed maps. At a public hearing held on June 25, 2026, at 6:15 PM, the public was invited to provide further input regarding the content of the draft maps that had been released at least seven (7) days before the meeting.

The deadline for members of the public to submit new or revised draft district maps prior to this meeting was July 13, 2026. The purpose of this public hearing is to receive a report from the City’s demographer (NDC) regarding new and revised maps, receive public input on the maps, and identify the City Council’s preferred map(s) and confirm election date sequencing for inclusion in the ordinance to be potentially introduced at the July 23rd meeting, as stated in the recommendation above, and adopted on August 27, 2026. All draft maps and the accompanying population and demographic data are available on the City’s website: https://www.cityofcapitola.gov/1001/District-Based-Elections Discussion: Tonight’s public hearing completes the four public hearings required by Elections Code Section 10010. At the public hearing on June 11, 2026, the City Council provided direction to draft an ordinance that would establish an elected mayor with four city council member districts. Further, the City Council also directed the ordinance be drafted so that the elected mayor would have a 2-year term and be first elected at the November 2028 general municipal election. This means that the sequencing for the election of city council members must generally follow this pattern:
2028 Elected Mayor + 1 council member
2030 Elected Mayor + 3 council members
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Item 9 B.

This sequencing may be rebalanced after adoption of the ordinance pursuant to Government Code Section 34906, if the City Council so chooses. Following the public hearing on July 23rd, the City Council may select the District Map to attach to the ordinance and select the sequencing of the elections to be included in the ordinance. Once those decisions are made, the City Council may then conduct a first reading/introduce and waive further reading of the ordinance included as Attachment 1.

The second reading and adoption of the ordinance is scheduled for a final public hearing on August 27, 2026. However, if the City Council makes further changes to the district maps before the ordinance is introduced, there will need to be an additional public hearing so the seven-day map posting requirement can be satisfied. This may result in the City not meeting the August 28, 2026, deadline.

Public Outreach: The transition to districts requires significant public outreach, and staff has initiated efforts to make sure that the public is informed throughout the process.  Staff created and maintained a dedicated webpage for district elections. The website is updated with all information, documents (like staff reports/presentations from Council meetings), and a section with meeting video footage and a brief summary of actions taken:
https://www.cityofcapitola.gov/1001/District-Based-Elections o A subpage is available for access to the public mapping tool provided by NDC, including access to the printable PDF map for public use: https://www.cityofcapitola.gov/1006/Drawa-Map o A subpage is available for access to map submissions received from the public and the demographer: https://www.cityofcapitola.gov/1009/Map-Submissions o The City’s entire website is translatable into multiple languages, ensuring accessibility for non-English speaking residents.
o Staff developed four frequently asked questions (FAQ) documents: one for general district questions, one specifically tailored to the discussion about number of districts and the differences between an at-large mayor and rotating mayor, one for questions received in May, and one for questions received in June.
 Staff created a dedicated email address where members of the public can submit questions, comments, or send maps: [email protected]
 Staff created a web form where members of the public can submit questions about the transition to districts. A link to the web form is available on the City’s webpage:
https://www.cityofcapitola.gov/1008/Submit-Questions-Comments  Staff sent out two mailers to residences in Capitola. The mailers included information about opportunities for input, meeting dates, and how to participate in both English and Spanish.  To date, the City has discussed the topic of districting eight times and received the following public input:
o April 23rd City Council Meeting: 2 emails, 4 speakers o April 30th City Council Meeting: 8 emails, 8 speakers o May 14th City Council Meeting: 1 email, 3 speakers
o May 28th City Council Meeting: 7 emails, 5 speakers
o June 11th Public Outreach Meeting/Q&A Session: approximately 25 attendees o June 11th City Council Meeting: 16 emails, 7 speakers o June 20th Public Outreach Meeting: 6 attendees
o June 25th City Council Meeting: 2 emails, 7 speakers
Fiscal Impact: There is no fiscal impact associated with the recommended action. However, if the Council wishes to schedule an additional public hearing to continue discussions of maps, a budget amendment will be required to amend the City’s contract with NDC to allow for additional funding. 172
Item 9 B.

Attachments:

1. Draft Ordinance

2. Link to Maps Submitted for Consideration: https://www.cityofcapitola.gov/1009/MapSubmissions Alignment with 2025-2029 Strategic Plan Priority: Accountable Government Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Marc Tran, City Attorney
Approved By: Jessica Kahn, Acting City Manager
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF CAPITOLA, CALIFORNIA,
AMENDING CHAPTER 2.04 OF TITLE 2 OF THE CAPITOLA MUNICIPAL

CODE TO PROVIDE FOR THE ELECTION OF CITY COUNCIL
MEMBERS BY FOUR DISTRICTS WITH AN ELECTED MAYOR;

ESTABLISH DISTRICT BOUNDARIES AND ELECTION ORDER FOR
EACH DISTRICT; AND MAKE OTHER AMENDMENTS CONSISTENT

WITH THE FOREGOING
WHEREAS, the City of Capitola (“City”) currently elects members of the City Council using an “at-large” election system and the City Council then appoints one of its members to serve as Mayor;
WHEREAS, the City received a certified letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (“CVRA”) and threatening litigation if the City declines to voluntarily change to a by district-based election system for electing members of the City Council;
WHEREAS, while the City Council denies that its at large election system violates the CVRA or any other provision of law, the City Council determined that the public interest is better served by initiating a process for transition to a district-based election system and thereby avoiding the high costs associated with defending a lawsuit under the CVRA;
WHEREAS, Government Code Section 34886, in certain circumstances, permits the City Council to adopt an ordinance changing the system of elections for members of the City Council from an “at-large” elections system to a “by district” elections system with the Mayor directly elected at-large;
WHEREAS, Elections Code Section 10010 provides a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA if the jurisdiction complied with the “safe harbor” provisions of Elections Code Section 10010;
WHEREAS, on April 30, 2026, pursuant to Elections Code Section 10010, the City Council adopted a Resolution of Intention to transition to district based elections; WHEREAS, pursuant to Elections Code Section 10010(a)(1), the City Council held duly noticed public hearings for the purposes of receiving public testimony regarding the transition to by district elections, including, without limitation, the composition of communities of interest on May 28, 2026, and June 11, 2026; WHEREAS, pursuant to Elections Code Section 10010(a)(2), the City Council held duly noticed public hearings concerning the transition to by district elections, including, without limitation, the content of draft district maps and the proposed sequencing of elections on June 25, 2026, and July 23, 2026, and, further the draft maps considered at each public hearing were posted at least seven days before each respective public 174
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hearing;
WHEREAS, at the July 23, 2026, regular meeting, at the conclusion of the duly noticed public hearing, the City Council selected and attached the district map to this Ordinance as Exhibit A (“Selected District Map”); selected the election sequence to be included in this Ordinance; and, further, introduced this Ordinance for a first reading at that time with a public hearing, second reading, and adoption scheduled to take place on August 27, 2026;
WHEREAS, throughout the foregoing process, the City engaged in public outreach and engagement required by California Elections Code Section 10010 and those applicable portions of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (“Fair Maps”) Act;
WHEREAS, such outreach included but is not limited to, maintaining a City website dedicated to the process of transitioning from at-large elections to by district elections, regularly notifying residents of meetings and posting notices about the public hearings to discuss the districting process;
WHEREAS, in selecting the map, the City Council considered the criteria set forth in Elections Code Section 21130 of the Fair Maps Act and is adopting district boundaries in accordance with the provisions stated therein, as well as the federal Voting Rights Act, the California Voting Rights Act, the U.S. Constitution, and California Constitution; WHEREAS, the Selected District Map meets all the requirements of state and federal law and was posted on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance;
WHEREAS, on August 27, 2026, the City Council held a duly noticed public hearing concerning this Ordinance, the Selected District Map, and the transition to by district elections;
WHEREAS, pursuant to Government Code Section 34886, the change in method for electing members of the City Council is made in furtherance of the purposes of the California Voting Rights Act of 2001 (Elections Code Section 14025 et seq.); WHEREAS, based upon the forgoing, the City Council now desires to adopt an ordinance changing the system of elections for members of the City Council from an atlarge elections system to a by district elections system; and changing from an appointed Mayor to a Mayor directly elected at-large;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPITOLA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council of the City Capitola finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.
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Section 2. California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is no possibility that adoption of this Ordinance would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Section 3. Amendment to Section 2.04.015(A). Subsection A of Section

2.04.015 of Subchapter I of Chapter 2.04 of Title 2 of the Capitola Municipal Code is hereby amended in its entirety as follows:

Elective. The elective offices of the city of Capitola are the city council members. Beginning with the general municipal election in November 2028, the elective offices of the city of Capitola shall include the mayor.

Section 4. New Section 2.04.105. Section 2.04.105, entitled “Election of Mayor”, is added to Subchapter IV of Chapter 2.04 of Title 2 of the Capitola Municipal Code is hereby added as follows:

Section 2.04.105 Election of the mayor
A. Commencing with the general municipal election in November 2028 and every 2 years thereafter, the mayor shall be elected at-large by a majority of the electors of the city of Capitola.

B. The mayor shall serve a term of two years.

Section 5. New Section 2.04.106. Section 2.04.106, entitled “Election of Mayor and city council members”, is added to Subchapter IV of Chapter 2.04 of Title 2 of the Capitola Municipal Code is hereby added as follows:

Section 2.04.106 City Council elected by district.

A. Purpose.

The city council of the City of Capitola hereby declares that the change of method of electing members of this city council, hereby enacted, is being made in furtherance of the California Voting Rights Act.

B. Applicability.

This section shall only apply to the election of city councilmembers, but shall not apply to the election of the mayor. The mayor shall instead be elected pursuant to Section 2.04.106.

C. Election of city council members by district.
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(1) Four city council districts are hereby established in the City of Capitola. The district boundaries and identifying number of each district shall be as provided in Section 2.04.106(D). (2) Following the effective date of this section and upon the commencement of “by district” elections pursuant to Section

2.04.106(E), city council members, other than the mayor, shall be elected “by district” as defined by California Government Code Section 34871, or any successor statute, meaning one city council member shall be elected from each district by the voters of that district alone, and shall serve a four-year term. (3) A city council member elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council (other than mayor) must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.
(4) Registered voters signing nomination papers or voting for a city council member shall be residents of the geographical area making up the district from which such city council member is to be elected.

D. Adoption and amendment of city council district boundaries. (1) All city council members shall be elected on a by district basis from the City Council districts shown and numbered on the City Council District Map in Exhibit “A” of Ordinance No. ______ and on file in the City Clerk's Office, which is hereby adopted and incorporated herein by this reference.
(2) Pursuant to Elections Code Section 21600 et seq., the city council district boundaries described in Section

2.04.106(D)(1) shall be adjusted after each federal decennial census to ensure the districts comply with all applicable law.

E. Commencement of by district elections.
(1) The by district system of elections provided in this section shall be implemented as follows:
(i) Commencing with the general municipal election in
November 2028 and every four years thereafter, the
voters in district ________ shall elect city council
members for full four-year terms.
(ii) Commencing with the general municipal election in
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November 2030 and every four years thereafter, the
voters in districts ________ shall elect city council
members for full four-year terms.
(2) Notwithstanding any other provision of this section, all city council members in office at the time this section takes effect shall continue in office until the expiration of the at-large term to which they were elected.

Section 6. Amendment to Section 2.04.150. Section 2.04.150 of Subchapter I of Chapter 2.04 of Title 2 of the Capitola Municipal Code is hereby retitled and amended in its entirety as follows:

Section 2.04.150 Selection of the vice mayor.

A. Each year the city council shall select a vice mayor. During years with a general election, such selection shall be made at the meeting at which the declaration of the election results for a general municipal election is made. During years without a general election, such selection shall be made approximately one year after the prior selection.

B. The vice mayor may be replaced if at least three council members vote for the removal of the vice mayor, at a noticed city council meeting.

Section 7. Severability. The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 8. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

Section 9. Certification. The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the __ day of ____, 2026, and was adopted at a regular meeting of the City Council on the ___ day of _____, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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_________________________________
Margaux Morgan, Mayor
ATTEST: _________________________
Julia Gautho, City Clerk
APPROVED AS TO FORM:
_________________________________
Marc Tran, City Attorney
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EXHIBIT A

COUNCIL DISTRICT MAP
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TRANSITION TO DISTRICTS
PUBLIC HEARING #4
July 23, 2026, 6:15 PM 181
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Recommended Action
1) Conduct a public hearing to discuss
proposed district maps;
2) Receive community input;
3) Provide direction on which map to include in
the districting ordinance + sequencing of
elections
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Districting Background To Date

1. City receives letter alleging violation (3/19)

2. Adopted resolution of intent (4/30)

3. Hired NDC as demographer (4/30)

4. Launched website (4/27)

1. Q&A

2. Mapping tool

5. Mailers (5/22 & 6/18)

6. Informational meeting (5/14)

7. First Public Hearing (5/28)

8. In Person Community Q & A + Second PH (6/11)

9. Community Outreach Meeting (6/20)

10. Second Public Hearing (6/25)
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Public Outreach
 Website updates
 General Districting Info
 Public Mapping Tool
 Submit Questions/Comments
 Map Submissions
 FAQ documents – Four published to date
 Dedicated email address: [email protected]  Direct mailers to residences of Capitola – 2 sent
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Total Meeting Timeline
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Public Input To Date
 Input at Council Meetings:
 4/23: 2 emails, 4 speakers
 4/30: 8 emails, 8 speakers
 5/14: 1 email, 3 speakers
 5/28: 7 emails, 5 speakers
 6/11: 16 emails, 7 speakers
 6/25: 2 emails, 7 speakers
 Public Map Submissions
 12* as of 7/23 (*5 not considered)
 Questions/Comments Submitted Via Form
 11 total as of 7/23
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Future Projects
 Residency Procedure/Policy
 Council Vacancy Procedure/Policy
 Term Limits (voter approval needed)
 Advisory Body Vacancy Procedure
187
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City of Capitola
Hearing on Draft Maps
July 23, 2026 189
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2 Districting Timeline
Step Description
Adopt Resolution
April 30
Approve resolution of intention within 45 days of demand letter.

Initial Discussion
May 14
Introduction to process and criteria. Discussion regarding 5 districts or 4 districts and citywide-elected Mayor.

Two Initial Hearings
May 28 & June 11
Held prior to release of draft maps.

Education and to solicit input on the composition of districts.

Community Forum
Saturday, June 20, 11am
Webinar to discuss the process, review the initial draft maps, discuss the public mapping tools, and answer any questions from residents.

Two hearings on draft
maps
June 25 & July 23
Two meetings to discuss and revise the draft maps and to discuss the election sequence.

July 13 is the deadline to submit maps for consideration on July 23.

Maps for July 23 will be posted on or before June 15.

Possible map selection and ordinance introduction July 23.

Map adoption
August 27
Map adopted via ordinance or resolution. Final map must be posted at least 7 days prior to adoption. Map must be adopted within 120 days of Resolution of Intention (August 28).

July 23, 2026
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3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
“Shall not adopt election district
boundaries for the purpose of
favoring or discriminating against
an incumbent, political candidate,
or political party.”

1. Federal Laws 2. California Criteria
In prioritized order:

1. Geographically contiguous

2. Avoid division of
neighborhoods and
“communities of interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)

2. California Prohibition
Districting Rules and Goals
Future population growth

3. Other Traditional
Redistricting Principles
July 23, 2026
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4 Identified Neighborhoods
 Jewel Box
 Jewel Box Extended
 Tool Box
 Village
 Upper Village
 West Capitola
 Depot Hill
 Cliffwood Heights
 North River
 Riverview Terrace
 Castle Mobile Estates
 All 6 Mobile Home Parks
July 23, 2026
Interactive review map
Boundaries are all available as overlays on the interactive review map. 192
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5 Primary “T Center” Options
July 23, 2026
Interactive review map
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6 Other “T Center” Options
July 23, 2026
Interactive review map
402/
403
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7 Other “T Center” Options
July 23, 2026
Interactive review map
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8 Other Options
July 23, 2026
Interactive review map
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9 Non-Contiguous Map
July 23, 2026
Non-Contiguous Map
Current Census Block geography make this submitter’s
proposed map non-contiguous due to the long vertical
Census Blocks on both sides of Soquel Creek.

But if the City assists the Census Bureau with drawing more logical Census Blocks something similar could work in 2031. 197
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July 23, 2026 10
“HH” = Household
*: Depot Hill appears high in
renters because 2nd homes are
not counted in the owner /
renter math.

Blue indicates the “Primary ‘T
Center’ Options”
SocioEconomic
Summary
HH
Income:
under $75k
HH
Income
$75-200k
HH
Income
$200k+
Majority
Renters *
Majority
OwnerOccupied
MultiFamily
Home
Bachelor
or Higher
Degree
Age 60+
401
31-32% 34 - 45% 20-23% 1 @ 60% 53%, 57%,
62%
38%, 39%,
40%, 49%
40%, 47%,
51%, 55%
27%, 31%,
35%, 39%
402/403 31-32% 35 - 43% 18 - 24% 1 @ 60% 54%, 57%, 60%
38%, 38%,
39%, 54%
40%, 47%,
51%, 55%
28%, 28%,
35%, 42%
404
31-32% 35 - 41% 18 - 24% 1 @ 59% 54%, 56%,
60%
37%, 38%,
40%, 54%
40%, 47%,
51%, 55%
28%, 28%,
37%, 40%
405
30-33% 35 - 43% 18 - 24% 1 @ 58% 61%
36%, 37%,
40%, 55%
39%, 44%,
47%, 62%
28%, 28%,
37%, 39%
406 28 - 34% 33 - 46% 16 - 25%
2 @ 55% &
58%
57%, 66%
32%, 38%,
45%, 49%
44%, 44%,
46%, 58%
28%, 32%,
36%, 36%
407
30 - 33% 35 - 43% 17 - 24% 1 @ 62% 57%, 57%,
61%
38%, 38%,
43%, 49%
39%, 43%,
48%, 61%
28%, 29%,
35%, 39%
408
25%, 31%,
31%, 37%
32%, 34% ,
44%, 50%
19 - 23%
2@ 52% &
59%
56%, 62%
36%, 41%,
44%, 45%
40%, 47%,
51%, 55%
26-42%
409
30 - 32% 34 - 43% 19 - 24% 1 @ 60% 53%, 57%,
61%
38%, 39%,
41%, 48%
41%, 43%,
45%, 64%
27%, 30%,
35%, 42%
410
30 - 32% 34 - 43% 19 - 24% 1 @ 59% 51%, 57%,
63%
38%, 38%,
40%, 51%
40%, 44%,
43%, 63%
27%, 30%,
35%, 41%
411
30 - 32% 35 - 43% 18 - 24% 1 @ 59% 54%, 57%,
60%
38%, 38%,
39%, 53%
39%, 43%,
46%, 63%
28%, 28%,
35%, 41%
412
30 - 32% 35 - 43% 18 - 24% 1 @ 59% 54%, 57%,
60%
38%, 38%,
39%, 53%
39%, 43%,
46%, 63%
28%, 28%,
35%, 41%
413
30 - 32% 35 - 44% 19 - 25% 1 @ 60% 51%, 57%,
60%
38%, 38%,
39%, 51%
40%, 44%,
46%, 63%
27%, 30%,
35%, 41%
414
30 - 32% 35 - 43% 18 - 24% 1 @ 59% 54%, 57%,
60%
37%, 38%,
39%, 54%
39%, 43%,
47%, 63%
28%, 28%,
35%, 41%
415
30 - 32% 35 - 44% 18 - 24% 1 @ 59% 54%, 57%,
60%
37%, 38%,
39%, 54%
39%, 43%,
46%, 63%
28%, 28%,
35%, 41%
Citywide 30% 39% 21% 48% 52% 41% 48% 33%
198
Item 9 B.
11 Neighborhoods Summary
July 23, 2026
411 412 413 414
Jewel Box
Jewel Box Extended Split at 41st
Ave
Tool Box Split at 46th &
Clares St
Split at 41st &
Clares St
Village
Upper Village
West Capitola Split at
Capitola Rd
Split at
Capitola Rd
Split at Clares
St
Depot Hill
Cliffwood Heights West end is
split off
North River
Riverview Terrace
Castle Mobile Estates
All 6 Mobile Home
Parks
Turner Lane
Divided
Turner Lane
Small Split
Turner Lane
Divided; Surf
& Sand
Divided
Blanks indicate neighborhood is undivided in that map. Similar breakdowns can be seen by looking at the overlays on the interactive review map.

Interactive review map
199
Item 9 B.
12 Election Sequencing
 Current election cycle: 2 elected in 2028, 3 in 2030
 New election cycle: 1 in 2028, 3 in 2030 (plus Mayor every 2 years)  Statutory Requirements:
“10010(b) In determining the final sequence . . . the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001 . . . and it shall take into account the preferences expressed by members of the districts.”
 In Capitola, there are no districts in any map where sequencing might impact “the purposes of the CVRA.”
 Initially Proposed Sequence:
 The original proposed election sequence for all 4-district maps (posted solely to meet the statutory requirement of listing a proposed sequence with each draft map) was Districts 1 and 3 in 2028, and Districts 2 and 4 in 2030.  As anticipated, and with the Council’s decision to elect the Mayor in 2028, the election sequence must be revised. That will occur after a map is selected.

July 23, 2026
200
Item 9 B.
13 Election Sequencing
 Respecting the will of the voters:
 When it does not conflict with statute, tradition is to respect the voters by leaving re-election decisions up to the voters whenever possible.  This translates into assigning a district that contains only one Councilmember, when that Councilmember has not publicly declared a plan to not run again, to the same election cycle as the end of the Councilmember’s current term.
 With the move to a citywide-elected Mayor, two Councilmembers must be combined into one district (there are five Councilmembers and four districts).
 Council must select one district to elect in 2028. Traditionally, but not by requirement, it would be one of the two (or the one, if they are paired) districts with a 2028-cycle Councilmember.
 After a map is selected, Staff will share which Councilmembers reside in which districts in that map.

July 23, 2026
201
Item 9 B.
14 Recommended Actions Tonight

1. Receive initial presentation and hold public hearing

2. Select a map

3. Staff facilitate discussion of Council locations in, and sequencing options for, the selected map

4. Select which district will be up in 2028
(the other three will be up for election in 2030)

5. Fill in the election sequence blanks in the ordinance and attach the selected map

6. Vote on whether to formally introduce the ordinance
July 23, 2026
202
Item 9 B.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Bay Avenue Corridor Safety Improvement Priorities Recommended Action: Receive an update regarding Bay Avenue corridor safety improvements, including proposed pedestrian, bicycle, and roadway safety enhancements; review available and pending funding opportunities; and provide direction regarding implementation priorities and advancement of design.

Background: Bay Avenue is one of Capitola's primary transportation corridors, providing regional access between State Route 1, Capitola Village, adjacent commercial areas, and surrounding residential neighborhoods. The corridor accommodates high volumes of vehicle, pedestrian, and bicycle traffic and has been the focus of several recent transportation planning efforts.

On May 14, 2026, following additional community outreach and public input, the City Council directed staff not to proceed with the previously proposed roundabouts at the Bay Avenue/Hill Street and Bay Avenue/Capitola Avenue intersections. Instead, Council directed staff to return with a package of alternative safety improvements, including enhanced lighting, improved pedestrian visibility, upgraded pavement markings, and evaluation of a new pedestrian crossing near Center Street.

Since that meeting, the City adopted its Local Roadway Safety Plan (LRSP), which identifies Bay Avenue as one of the City's highest-priority safety corridors and provides a framework for implementing proven safety countermeasures. The City also applied for federal funding from the Safe Streets and Roads for All (SS4A) Implementation Grant for Bay Avenue improvements and other priority safety projects throughout the City. Grant award announcements are anticipated this fall. In addition, the City has been awarded $250,000 in Community Project Funding, secured through Congressman Jimmy Panetta's office to support construction of improvements along Bay Avenue. Staff is currently awaiting final federal grant administration before those funds can be obligated.

This report summarizes potential safety improvements consistent with Council direction, the adopted LRSP, and available funding opportunities.

Discussion: Consistent with Council direction, staff evaluated a package of safety improvements intended to enhance pedestrian, bicycle, and vehicle safety along the Bay Avenue corridor while maintaining the existing roadway configuration. The proposed improvements build upon recommendations from the Bay Avenue Corridor Study, the adopted Local Roadway Safety Plan (LRSP), and the City's pending Safe Streets and Roads for All (SS4A) Implementation Grant application.

The Bay Avenue corridor has consistently been identified as one of the City's highest-priority transportation safety corridors. The corridor study, LRSP, and SS4A application all identified recurring safety concerns involving pedestrians, bicyclists, visibility, and turning movements at several intersections and recommended implementation of enhanced crossings, upgraded lighting, improved signing and striping, and other proven safety countermeasures. While the Council previously elected not to pursue roundabouts, many of these lower-cost safety improvements remain appropriate and can be implemented independently.

Traditional street lighting typically requires coordination with PG&E, new electrical service, trenching, and associated utility costs, which can increase both project cost and implementation time. To evaluate alternatives, staff contacted several manufacturers of solar-powered pedestrian lighting systems to obtain preliminary budget estimates and develop conceptual lighting layouts for key Bay Avenue intersections.

Solar lighting has been successfully implemented in many jurisdictions and can provide enhanced nighttime visibility while avoiding new utility service connections and reducing construction complexity. 203
Item 9 C.

Bay Avenue & Center Street Pedestrian Crossing: On May 14, 2026, Council specifically requested that staff evaluate the feasibility of a new pedestrian crossing near Center Street. This location provides improved access between the Bay Avenue Senior Apartments, nearby commercial businesses, transit stops, and surrounding neighborhoods, while addressing the relatively long distance between existing pedestrian crossing opportunities.

The proposed improvements would include:
 High-visibility raised crosswalk
 ADA-compliant curb ramps
 Curb extensions
 Pedestrian refuge median
 Solar pedestrian lighting
 Enhanced warning signs
 Pavement marking upgrades
 Associated drainage and roadway improvements
The proposed crossing would be located on the north side of the intersection. This location minimizes the loss of on-street parking, avoids direct impacts to adjacent residential properties, preserves northbound left-turns onto Center Street, and provides sufficient width for a hardscape pedestrian refuge within the existing roadway.

Construction of the crossing would require removal of the existing right-turn slip lane and result in the loss of one on-street parking space. Because this would establish an entirely new pedestrian crossing, staff recommends constructing the improvement as a complete project rather than in phases. Completing the full project at one time will maximize the intended safety benefits while avoiding unnecessary reconstruction and additional construction costs.

The preliminary construction cost is estimated at approximately $300,000 to $350,000.

Figure 1. Existing Conditions at Bay Avenue & Center Street 204
Item 9 C.

Figure 2. Conceptual Bay Avenue & Center Street Pedestrian Crossing Bay Avenue & Hill Street Safety Improvements: The intersection of Bay Avenue and Hill Street remains one of the City's highest-profile intersections due to its proximity to Highway 1, Nob Hill Foods, the Rispin Bridge, the Bay Avenue Senior Apartments, and Capitola Village. Several interim improvements have already been completed; however, opportunities remain to further improve visibility and pedestrian safety.

Completed improvements include:
 Reflective pavement markings;
 Enhanced flashing stop signs;
 Reflective delineation improvements; and
 Pedestrian crossing flag stations funded through a community grant and sponsored by Bay Avenue Senior Housing.

Potential future improvements include replacing the existing flashing stop signs with permanent flashing stop sign assemblies. The current assemblies were installed as part of the temporary quick-build project.

Permanent installations would provide greater durability, improved long-term reliability, enhanced visibility, and reduced maintenance requirements while maintaining the same safety benefit.

Staff worked with a solar lighting manufacturer to develop a conceptual layout for installation of two solarpowered pedestrian light poles within the existing pedestrian refuge medians on opposite sides of the intersection. Based on preliminary vendor estimates, the cost of these improvements is approximately $30,000 to $40,000. The proposed lighting would substantially improve nighttime pedestrian visibility while avoiding the need for trenching and new electrical service.

Estimated cost:
 Permanent flashing stop sign assemblies: $15,000–20,000 205
Item 9 C.
 Two solar pedestrian light poles: $30,000–40,000

Figure 3. Conceptual Solar Pedestrian Lighting – Bay Avenue & Hill Street Bay Avenue & Capitola Avenue Safety Improvements: The Bay Avenue and Capitola Avenue intersection serves as a primary gateway to Capitola Village and experiences high pedestrian, bicycle, and vehicle activity throughout the year.

Potential improvements include:
 Three solar-powered pedestrian light poles
 Enhanced pedestrian warning signs
 High-visibility pavement markings
 Bicycle conflict-area striping
 Signing upgrades
Estimated costs:
 Solar lighting: $45,000–50,000
 Bicycle conflict-area striping and pavement marking upgrades: Approximately $20,000 The LRSP also identifies pedestrian refuge islands as a potential countermeasure where longer crossing distances exist. Because available roadway width is constrained at this location, additional engineering analysis would be required to determine whether a refuge island could be accommodated while maintaining current roadway layout.

Estimated costs:
 Engineering analysis: $20,000–30,000
 Potential refuge island construction: $100,000–200,000 206
Item 9 C.

Figure 4. Conceptual Solar Pedestrian Lighting – Bay Avenue & Capitola Avenue Corridor-Wide Safety Improvements: The LRSP also identified the Bay Avenue corridor as a candidate for additional systemic safety improvements. Other intersections identified for potential enhancements include Burlingame Avenue, Oak Drive, and Crossroads Loop.

Potential improvements include:
 Solar pedestrian lighting
 Enhanced pedestrian warning signs
 High-visibility pavement markings
 Signing upgrades
Planning-level estimates include:
 Solar pedestrian lighting: Approximately $15,000 per light  Signing and striping improvements: Approximately $8,000–$10,000 per intersection The Bay Avenue corridor currently includes marked bicycle lanes through much of the commercial area.

More substantial bicycle improvements, such as buffered or physically separated bikeways, would likely require removal of the center two-way left-turn lane or significant reductions in on-street parking. While additional green pavement markings or bicycle conflict markings may provide incremental benefits, the LRSP primarily identified safety concerns at intersections rather than along the roadway segment itself.

In addition, the City is currently preparing an Active Transportation Plan (ATP), which will evaluate Citywide bicycle and pedestrian priorities. Staff recommends allowing that planning effort to further evaluate long-term bicycle improvements before pursuing significant corridor-wide modifications.

The City's ADA Transition Plan also identifies approximately twenty non-compliant curb ramps along Bay Avenue and adjacent streets. While the City is not currently required to upgrade these facilities absent triggering improvements, replacement of non-compliant curb ramps should continue to occur in conjunction with future capital projects. Replacement costs generally range from $20,000 to $25,000 per curb ramp.

The following table summarizes the potential improvements discussed above and their preliminary planning-level cost estimates. These estimates are intended to assist the City Council in prioritizing improvements and will be refined as projects advance through engineering design. 207
Item 9 C.

Table 1. Conceptual Bay Avenue Safety Improvements and Preliminary Planning-Level Cost Estimates Location Proposed Improvements Planning-Level
Cost Estimate
Bay Avenue &
Center Street
New pedestrian crossing (including high-visibility crosswalk, ADA curb ramps, curb extensions, pedestrian refuge, solar lighting, signing, striping, and associated roadway improvements) $300,000–350,000
Bay Avenue & Hill
Street
Permanent flashing stop sign assemblies $15,000–20,000
Two solar pedestrian light poles $30,000–40,000
Total Cost Estimate $45,000–60,000
Bay Avenue &
Capitola Avenue
Three solar pedestrian light poles $45,000–50,000
Bicycle conflict-area striping and pavement markings $20,000 Engineering analysis for pedestrian refuge $20,000–30,000 Potential pedestrian refuge island (if feasible) $100,000–200,000 Total Cost Estimate $185,000–300,000
Burlingame, Oak
Drive & Crossroads
Loop
Solar pedestrian lighting $15,000 per light
Signing and striping improvements $8,000–10,000 per
intersection
Corridor-Wide
Bicycle lane refresh and green conflict markings (as appropriate) To be determined ADA curb ramp replacement $20,000–25,000 per
ramp
Next Steps: Staff recommends prioritizing the Bay Avenue and Center Street pedestrian crossing as the first major capital improvement, while continuing to pursue lower-cost safety enhancements at Bay Avenue & Hill Street, Bay Avenue & Capitola Avenue, and other locations along the corridor as funding becomes available.

Because several significant funding opportunities remain pending, staff recommends prioritizing improvements now rather than immediately advancing final design. Once the City receives the SS4A grant award announcements and finalizes the Community Project Funding agreement, staff will return to the City Council with recommended project phasing, funding allocations, and any necessary budget amendments.

Fiscal Impact: The improvements described in this report are intended to be implemented in phases as funding becomes available.

The City has been awarded $250,000 in Community Project Funding, secured through Congressman Jimmy Panetta's office, to support construction of Bay Avenue improvements. Staff is currently awaiting final federal grant administration before those funds can be obligated.

The City has also submitted an application under the FY 2026 Safe Streets and Roads for All (SS4A) Implementation Grant Program seeking funding for safety improvements at Bay Avenue & Hill Street, Bay Avenue & Capitola Avenue, Bay Avenue & Center Street, and other corridor safety improvements.

Award announcements are anticipated this fall.

The City currently has approximately $350,000 in Regional Transportation Improvement Program (RTIP) funding programmed for Bay Avenue improvements. Staff anticipates using a portion of these funds to satisfy the approximately $65,000 non-federal match requirement associated with the Community Project Funding award, with the remaining balance available to serve as local match for the pending SS4A grant application or other Bay Avenue improvements, depending on grant outcomes.

Depending on grant outcomes, RTIP funds may be used toward local matching requirements, Bay Avenue construction, or reallocated to other eligible transportation projects as authorized by the City 208
Item 9 C.

Council. Individual projects, construction contracts, and any required budget amendments will return to the City Council for consideration as funding is secured and projects advance into final design.

Alignment with 2025-2029 Strategic Plan Priority: Community Safety; Healthy Families, Community, and Environment; Sustainable Infrastructure
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk; Chloé Woodmansee, Assistant to the City Manager Approved By: Jessica Kahn, Acting City Manager
209
Item 9 C.

Bay Avenue Corridor
Safety Improvement
Priorities
City Council –
July 23, 2026
210
Item 9 C.

Background
Bay Avenue • Priority corridor in LRSP • High pedestrian and bicycle activity
• Funding from Rep. Panetta and
RTC
• Additional multiple funding
opportunities available
Council Direction • Evaluate alternatives • Improve pedestrian and bicycle safety
• Prioritize lower-cost,
implementable improvements 211
Item 9 C.

Why Solar
Lighting?
• Avoids PG&E service and trenching
• Reduces cost and installation time
• Improves pedestrian visibility
• Concepts developed for key intersections
212
Item 9 C.

Center Street Crossing
• New raised pedestrian
crossing
• ADA ramps, curb
extensions, refuge median
• Solar lighting and
upgraded signing/striping
• Estimated cost: $300k–
$350k
213
Item 9 C.
214
Item 9 C.
215
Item 9 C.

Hill Street
Proposed Improvements • Permanent flashing
stop signs
• Two solar lights • Existing striping
retained
Estimated Cost • Flashing Signs: $15
–20k
• Solar Lighting: $30–40k
Total: $45–60k
216
Item 9 C.

Capitola Avenue
Near-Term ($65k–70k)
• 3 solar pedestrian lights
• Bike conflict striping
Future Option
• Pedestrian refuge study
($20-30k)
• Refuge island (if feasible
$100k–200k)
217
Item 9 C.

Additional
Intersections
• Identified by LRSP • Burlingame Avenue • Oak Drive • Crossroads Loop • Potential improvements • Solar lighting: ~ $15k per light
• High-visibility pavement
markings & Signing
upgrades: $8k–$10k per
intersection
218
Item 9 C.
219
Item 9 C.

Future Corridor
Improvements
Bicycle Improvements
• Long-term improvements
evaluated through the ATP
• Existing bike lanes remain • Green conflict markings
added where appropriate
ADA Improvements
• ~20 non-compliant curb
ramps identified
• Upgraded with future capital
projects
• Typical cost: $20k–25k per
ramp
220
Item 9 C.

Funding Strategy
• $250,000 Community Project Funding (Congressman Panetta) • $350,000 RTIP funding programmed for Bay Avenue
Funding Secured
• SS4A Implementation Grant (award anticipated Fall 2026) Funding Pending
• RTIP funds to provide required local match for federal grants • Remaining RTIP available for additional Bay Avenue improvements • Improvements constructed in phases as funding is secured Funding Approach
221
Item 9 C.

Requested Council Direction
• Provide direction on which projects to advance
• Return with funding recommendations, final
design, and project phasing following grant
announcements
222
Item 9 C.

Location Key Improvements Planning-Level Cost
Center Street
New pedestrian crossing, ADA
upgrades, refuge median, solar lighting,
signing & striping
$300k–350k
Hill Street Permanent flashing stop signs and solar
pedestrian lighting $45k–60k
Capitola Avenue
Solar lighting, bike conflict markings,
signing & striping
Pedestrian refuge analysis & potential
refuge island
$65k–70k
$120k–230k
Burlingame,
Oak Dr. &
Crossroads Loop
Solar lighting, signing & striping ~$15k/light +
$8k–10k/intersection
Corridor-Wide Bike lane refresh/green conflict
markings; ADA curb ramp upgrades
TBD +
$20k–25k/ramp 223
Item 9 C.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Cliffwood Heights Neighborhood Rehabilitation Project Recommended Action: Approve the proposed planning scope for the Cliffwood Heights Neighborhood Rehabilitation Project and provide additional direction, if any.

Background: On May 21, 2026, the City Council directed staff to utilize approximately $50,000 in Regional Transportation Improvement Program (RTIP) funds to develop a shovel-ready Community Development Block Grant (CDBG) project within the Cliffwood Heights neighborhood. At that time, staff identified the neighborhood as a strong candidate due to deteriorating roadway conditions, pedestrian infrastructure needs, and potential grant eligibility. Council also acknowledged that the final project scope would return for consideration as part of the required CDBG public participation process prior to any funding decisions.

Since receiving Council direction, staff has evaluated existing infrastructure conditions, reviewed pavement condition data, assessed pedestrian accessibility needs, and developed a proposed planning scope to maximize the effectiveness of a future neighborhood rehabilitation project.

The purpose of this report is to obtain City Council input on the proposed planning scope before advancing additional project development, refining cost estimates, and preparing the project for future funding opportunities.

Approval of the proposed planning scope does not constitute selection of a future Community Development Block Grant project. Any future CDBG application and funding decisions will occur through the required public participation process and subsequent City Council action.

Discussion: Rather than developing a project focused solely on pavement rehabilitation, staff recommends advancing a comprehensive neighborhood rehabilitation project that addresses roadway improvements along with closely related pedestrian and drainage improvements. Combining these improvements into a single project creates a more coordinated project, improves construction efficiency, minimizes future disruption to residents, and establishes a realistic understanding of future funding needs.

The proposed planning scope consists of three primary components.

Roadway Rehabilitation: The primary purpose of the project is the rehabilitation of deteriorated roadway segments throughout the Cliffwood Heights neighborhood.

Proposed roadway segments were selected primarily based on Pavement Condition Index (PCI) while also considering logical construction limits, neighborhood connectivity, and opportunities to maximize the effectiveness of future rehabilitation efforts. Together, the proposed roadway segments represent the streets within the project area most in need of rehabilitation while establishing logical project limits for construction. Attachment 1 identifies the proposed roadway segments and their associated PCI ratings.

To maximize the useful life of the pavement investment, staff also recommends including localized pavement reconstruction, where warranted based on field conditions, together with drainage improvements within the roadway limits and associated ADA curb ramp upgrades as part of the project development effort. These improvements are directly related to the pavement rehabilitation effort and are most efficiently constructed under a single contract.
224
Item 9 D.

Washburn Avenue Sidewalk Gap: Staff also recommends completing the approximately 700-foot sidewalk gap along the east side of Washburn Avenue between Park Avenue and Loma Avenue.

Completion of this missing sidewalk segment would improve pedestrian connectivity within the neighborhood, enhance access to nearby residential areas and community destinations, and avoid the need for a separate future construction project. Because the sidewalk is immediately adjacent to the proposed roadway improvements, incorporating this work into the neighborhood rehabilitation project provides construction efficiencies while minimizing future disruption to residents. Existing conditions are shown in Attachment 2.

Monterey Avenue Drainage Ditch (Optional Project Element): Staff also evaluated the existing roadside drainage ditch along Monterey Avenue as part of the overall neighborhood infrastructure assessment.

The existing ditch is aging, consists of varying materials and construction types, and lacks a consistent roadway edge. As a result, sections of the roadway are more susceptible to edge deterioration and ongoing maintenance needs.

Because the extent of potential improvements remains uncertain and may involve retaining structures, hydraulic improvements, utility coordination, environmental permitting, and other associated work, staff recommends evaluating the drainage ditch as an optional project element separate from the core neighborhood rehabilitation project.

This approach allows the City to continue evaluating potential improvements while maintaining a realistic planning-level budget for the core rehabilitation project. Existing conditions are shown in Attachment 3.

Fiscal Impact: Based on the proposed planning scope, staff developed a preliminary order-of-magnitude estimate for the core Cliffwood Heights Neighborhood Rehabilitation Project. The estimate is intended for planning purposes only and will continue to be refined as project development advances.

Project Component Initial Cost Estimate
Pavement rehabilitation $2,250,000
Roadway appurtenances (localized pavement reconstruction, drainage improvements, utility adjustments, and miscellaneous concrete work) $337,000 ADA curb ramp improvements $420,000
Washburn Avenue sidewalk gap $245,000
Contractor mobilization, traffic control, SWPPP, and construction overhead $390,000
Construction contingency $545,000
Engineering, environmental review, construction management, and inspection $545,000
Estimated Core Project Total Approximately $4.75 million The estimate includes planning-level allowances for localized pavement reconstruction and drainage improvements associated with roadway rehabilitation. These quantities will be refined as project development advances.

The optional Monterey Avenue drainage ditch improvements are not included in the planning-level estimate due to the uncertainty associated with the ultimate scope of work. 225
Item 9 D.

The project is being developed to position the City for future grant opportunities, including a potential Community Development Block Grant (CDBG) application. Approval of the proposed planning scope does not commit the City to pursuing CDBG funding for this project or preclude consideration of other eligible projects. Any future CDBG application, project scope, and funding request will return to the City Council through the required public participation process for consideration and action.

Attachments:

1. Proposed Roadway Segments

2. Washburn Avenue Sidewalk Gap Existing Conditions

3. Monterey Avenue Drainage Ditch Existing Conditions
Alignment with 2025-2029 Strategic Plan Priority: Community Safety; Economic Opportunity; Healthy Families, Community, and Environment; Sustainable Infrastructure Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Gautho, City Clerk, Jim Malberg, Administrative Services Director Approved By: Jessica Kahn, Acting City Manager
226
Item 9 D.

CliƯwood Heights Neighborhood Rehabilitation Project
Proposed Roadway Segments
227
Item 9 D.

Washburn Avenue Sidewalk Gap
228
Item 9 D.

Washburn Avenue Sidewalk Gap (Park Avenue to McCormick Avenue) Washburn Avenue Sidewalk Gap (McCormick Avenue to Loma Avenue) 229
Item 9 D.

Location of Monterey Avenue Drainage Ditch Evaluation Area 230
Item 9 D.

Monterey Avenue Drainage Ditch (Bay Avenue to Younger Avenue) Monterey Avenue Drainage Ditch (Younger Avenue to Washburn Avenue) 231
Item 9 D.

Cliffwood
Heights
Neighborho
od
Rehabilita
tion
Project
City Council
July 23, 2026
232
Item 9 D.
• Use ~$50,000 RTIP funds for project
development
• Prepare a shovel-ready neighborhood
rehabilitation project
• Return with proposed planning scope
May 21, 2026 Council
Direction
• CDBG-eligible neighborhood
• Significant infrastructure needs
• Many neighborhoods are not CDBG
eligible
Why Cliffwood Heights?
Background
Cliffwood Heights
Neighborhood Project
233
Item 9 D.
• Pavement rehabilitation
• Localized reconstruction
• Drainage improvements
• ADA curb ramps
Roadway Rehabilitation
• Complete ~700-ft sidewalk gap
• Improve pedestrian connectivity
Washburn Sidewalk
• Scope under evaluation
• Separate from the core rehabilitation
project
Monterey Ditch - Future Project
Element
Proposed Planning Scope
Cliffwood Heights
Neighborhood Project
234
Item 9 D.
235
Item 9 D.
236
Item 9 D.
237
Item 9 D.

Planning-Level Cost Estimate
Cliffwood Heights
Neighborhood Project
Component Cost
Roadway
Rehabilitation $2.25M
Roadway
Appurtenances
$337k
ADA Improvements $420k
Washburn Sidewalk $245k
Construction/Soft
Costs
$1.50M
South Monterey
TBD
238
Item 9 D.

Recommended
Action • Approve
proposed
planning scope
• Continue
project
development
• Return through
CDBG public
participation
process before
any funding
decisions
239
Item 9 D.

Capitola City Council
Agenda Report
Meeting: July 23, 2026
From: Public Works Department
Subject: Transportation Project Coordination and Phasing Overview Recommended Action: Receive a presentation regarding transportation project coordination, interrelationships, and anticipated project phasing and provide direction, if any.

Background: On June 11, 2026, Council requested that staff return with an overview describing how the City's transportation-related planning efforts, ongoing programs, capital projects, and future transportation initiatives relate to one another and how these efforts are anticipated to be phased over time.

The City currently manages numerous transportation initiatives at various stages of development. These efforts include long-range planning studies, infrastructure management programs, roadway rehabilitation projects, multimodal transportation improvements, bridge evaluations, transportation safety initiatives, and coastal resiliency projects. While each initiative serves a distinct purpose, they are interconnected and collectively advance the City's goals related to safety, mobility, accessibility, infrastructure preservation, and resiliency.

Discussion: To improve understanding of the City's ongoing transportation efforts, staff organized transportation initiatives into categories and developed two companion graphics illustrating how these efforts relate to one another and are anticipated to advance over time.

Transportation initiatives generally fall into four categories: Planning, Programs, Current Projects, and Future Projects.
 Planning Efforts identify transportation needs, evaluate alternatives, establish long-term priorities, and position the City to compete for future funding opportunities. Examples include the Active Transportation Plan, 41st Avenue Corridor Study, Stockton Bridge Alternatives Evaluation, and Trestle Feasibility Study.
 Programs establish ongoing priorities and provide the framework for implementing transportation improvements over time. Examples include the ADA Transition Plan, Pavement Management Program, Local Road Safety Plan, Sidewalk Infill Program, and Multi-Jurisdictional Hazard Mitigation Plan.
 Current Projects implement transportation improvements identified through planning efforts, program priorities, infrastructure condition assessments, grant opportunities, and City Council direction. Current projects include the 41st Avenue Multimodal Improvements Project, Bay Avenue Safety Improvements Project, Reposa Avenue Rehabilitation Project, Cliffwood Heights Rehabilitation Project, Sidewalk Infill implementation, Cliff Drive Resiliency Project – Phase 1, and potentially Safe Streets and Roads for All (SS4A) implementation projects (if funding is awarded).
 Future Projects represent transportation improvements that may advance as planning efforts are completed, priorities are refined, funding becomes available, and City Council provides direction.

Examples include 41st Avenue/Clares Street Improvements, Stockton Bridge Improvements, future phases of the Cliff Drive Resiliency Project, future pavement rehabilitation projects, and other transportation improvements identified through ongoing planning efforts and programs.

Transportation initiatives are developed and implemented over many years using a variety of funding sources and do not progress independently or in a strictly linear sequence. Planning studies identify transportation needs and future opportunities, programs establish priorities and guide investment decisions, and capital projects implement improvements while also informing future planning efforts. 240
Item 9 E.

Project delivery is influenced by City Council priorities, infrastructure condition, available funding, grant opportunities, environmental review, permitting requirements, and staff resources., To better illustrate these relationships, staff developed two companion graphics.  Transportation Project Interrelationship Matrix: Attachment 1 illustrates how transportation planning efforts, ongoing programs, current projects, and future initiatives relate to one another.

Rather than depicting projects as standalone efforts, the matrix demonstrates how planning studies, programs, and capital projects collectively support the City's transportation system and work together to achieve community goals related to safety, accessibility, mobility, infrastructure preservation, and resiliency.
 Transportation Project Phasing Timeline: Attachment 2 provides a high-level overview of the anticipated sequencing of transportation initiatives based on current information. The timeline illustrates major planning, program, design, environmental review, funding, permitting, and construction activities, where appropriate, while recognizing that many initiatives overlap and inform one another throughout project development.

Because transportation projects rely on competitive grant funding, environmental review, permitting, utility coordination, and other external factors, the timeline is conceptual and intended to illustrate anticipated project progression rather than establish a fixed delivery schedule.

Together, the two graphics provide a framework for understanding how the City's transportation initiatives are coordinated, support one another, and are anticipated to advance over time.

Regional Project Coordination
The City regularly coordinates with regional partner agencies, utility providers, and other jurisdictions to minimize conflicts between capital improvement projects and reduce impacts to the traveling public whenever feasible. Coordination occurs throughout project planning, design, and construction and may include adjusting schedules, sequencing work, sharing traffic control information, or coordinating utility relocations and roadway improvements. In some cases, this may involve delaying pavement rehabilitation until after planned utility work or modifying construction phasing to avoid overlapping impacts.

While agencies make every effort to coordinate, each organization establishes its own capital improvement priorities, funding, budget, permitting, and construction schedules. Projects are also subject to changing grant requirements, contractor availability, environmental constraints, emergency repairs, and unforeseen conditions. As a result, some overlap in construction activity is unavoidable despite ongoing coordination efforts. Additionally, numerous smaller projects, including utility maintenance, PG&E work, emergency repairs, and private development improvements, occur throughout the year and may further contribute to temporary traffic and access impacts.

Attachment 3 summarizes known major regional transportation and utility capital projects that may require coordination with City projects based on currently available information. Project schedules are subject to change as agencies advance design, secure funding, and respond to changing priorities.

Fiscal Impact: This report is informational only and does not authorize any new projects or expenditures.

If the Council wishes to provide direction on a certain project identified within this report or presentation, staff can return with an item for further Council discussion.

Attachments:

1. Transportation Project Interrelationship Matrix

2. Transportation Project Phasing Timeline

3. Regional Capital Projects – Anticipated Construction Alignment with 2025-2029 Strategic Plan Priority: Accountable Government; Community Safety; Sustainable Infrastructure
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Item 9 E.

Report Prepared By: Jessica Kahn, P.E., Public Works Director Reviewed By: Julia Gautho, City Clerk; Jim Malberg, Administrative Services Director; Chloé Woodmansee, Assistant to the City Manager
Approved By: Jessica Kahn, Acting City Manager
242
Item 9 E.

Active
Transportation Plan
(ATP)
41st Avenue
Corridor Study
Stockton Bridge
Alternatives
Evaluation
Trestle Feasibility
Study
ADA Transition
Plan
Pavement
Management
Program (PMP)
Local Road Safety
Plan (LRSP)
Sidewalk Infill
Program
Multi-Jurisdictional
Hazard Mitigation
Plan (MJHMP)
41st Avenue
Multimodal
Improvements
Bay Avenue Safety
Improvements
Reposa Avenue
Rehabilitation
Cliff Drive
Resiliency Project –
Phase 1
SS4A
Implementation
Projects (if
awarded)
41st Ave / Clares
Street
Improvements
Stockton Bridge
Improvements
Annual PMP
Projects
Future Cliff Drive
Resiliency Phases
Identifies
multimodal
accessibility needs
and improvement
opportunities.

Evaluates
transportation, land
use, economic
development, and
placemaking
opportunities along
the corridor.

Evaluates long-term
options for the
Stockton Avenue
Bridge.

Explores future
opportunities for the
Capitola Trestle.

Identifies
accessibility
barriers and
establishes
priorities for
compliance.

Data-driven program
that prioritizes
pavement
rehabilitation and
preserves the
roadway network.

Identifies safety
priorities based on
data and supports
grant eligibility.

Identifies missing
sidewalk segments
and prioritizes
projects for
construction.

Identifies natural
hazard risks and
establishes
strategies to reduce
vulnerability and
improve community
resilience.

Constructs
pavement
multimodal
improvements along
on 41st Avenue from
Clares Street to
nortern City Limits
Implements
multimodal safety
improvements along
the Bay Avenue
corridor.

Pavement
rehabilitation
project on Reposa
Avenue.

Advances bluff
stabilization and
roadway protection
improvements to
improve
transportation
resiliency along Cliff
Drive.

Funds safety
projects identified
through the LRSP.

Implements
multimodal
transportation,
safety, and
streetscape
improvements
identified through
the corridor planning
process.

Future
improvements to
the Stockton Avenue
Bridge.

Ongoing annual
program of
pavement
rehabilitation
projects.

Implements
additional resiliency
improvements to
protect
transportation
infrastructure and
maintain coastal
access along Cliff
Drive.

Active Transportation Plan (ATP) ○ ◐ ◐ ● ◐ ● ● ◐ ○ ● — ◐ ○ ● ◐ ◐ ○ 41st Avenue Corridor Study ○ — — ○ ○ ○ ○ ◐ ○ — — — ○ ● — ◐ — Stockton Bridge Alternatives Evaluation ◐ — ○ ◐ — ◐ — ○ — — — — — — ● — — Trestle Feasibility Study ◐ — ○ — — — — ◐ — — — — — — ○ — — ADA Transition Plan ● ○ ◐ — ◐ ○ ● ◐ ○ ○ ◐ ○ ○ ○ ○ ◐ ○
Pavement Management Program (PMP) ◐ ○ — — ◐ ◐ ◐ — ○ ◐ ● — ○ ◐ — ● — Local Road Safety Plan (LRSP) ● ○ ◐ — ○ ◐ ○ ◐ ○ ● — ◐ ● ● ◐ — ◐ Sidewalk Infill Program ● ○ — — ● ◐ ○ ◐ ○ ○ — ◐ ○ ● — — ◐ Multi-Jurisdictional Hazard Mitigation Plan
(MJHMP) ◐ ◐ ○ ◐ ◐ — ◐ ◐ — — — ● ◐ ◐ ○ — ●
41st Avenue Multimodal Improvements ○ ○ — — ○ ○ ○ ○ — ◐ — — ○ ● — — — Bay Avenue Safety Improvements ● — — — ○ ◐ ● ○ — ◐ — — ● ○ — — — Reposa Avenue Rehabilitation — — — — ◐ ● — — — — — — — — — ● — Cliff Drive Resiliency Project – Phase 1 ◐ — — — ○ — ◐ ◐ ● — — — — — — — ● SS4A Implementation Projects (if awarded) ○ ○ — — ○ ○ ● ○ ◐ ○ ● — — ● — ○ — 41st Ave / Clares Street Improvements ● ● — — ○ ◐ ● ● ◐ ● ○ — — ● — — — Stockton Bridge Improvements ◐ — ● ○ ○ — ◐ — ○ — — — — — — — — Annual PMP Projects ◐ ◐ — — ◐ ● — — — — — ● — ○ — — —
Future Cliff Drive Resiliency Phases ○ — — — ○ — ◐ ◐ ● — — — ● — — — — Transportation Planning, Program, and Project Relationship Matrix Illustrates the relationships between transportation planning efforts, ongoing programs, current projects, and future implementation initiatives. ● Directly informs or
drives ◐ Indirectly supports — No direct connection
Planning Programs Current Projects Future Projects
Planning
○ Supports or contributes
to

RELATIONSHIP STRENGTH
NOTE: Relationships shown in this matrix represent varying degrees of coordination, support, influence, or implementation between transportation planning efforts, programs, and projects. Future projects and implementation efforts are subject to available funding, regulatory requirements, infrastructure conditions, and City Council direction.

Programs
Current Projects
Future Projects
243
Item 9 E.

Category Project/Initiative Past FY26-27 FY27-28 FY28-29 FY29-30 FY30-31 FY31-32+ Active Transportation Plan
(ATP)
Planning Grant
Awarded Development Complete
41st Avenue Corridor Study Complete Study
Stockton Bridge Alternatives
Evaluation Study Funding Study Preferred Alternative Design Trestle Feasibility Study Study Study
ADA Transition Plan Plan Complete
Pavement Management
Program (PMP)
2023–2027
Five-Year Plan
2028–2032
Five-Year Plan
Local Road Safety Plan
(LRSP) Plan Complete
Sidewalk Infill Program Initial Plan Developed
Multi-Jurisdictional Hazard
Mitigation Plan (MJHMP)
2026–2030
Five-Year Plan
2031–2035
Five-Year Plan
41st Avenue Multimodal
Improvements Construction Funding Construction
Bay Avenue Safety
Improvements Evaluation Scoping/Funding Construction
Reposa Avenue Rehabilitation Construction
Cliff Drive Resiliency Project –
Phase 1 Design Funding Design/Permitting Funding/Env. Potential Funding/Construction Construction Pending
Funding
SS4A Implementation
Projects (if awarded) Grant Application Scoping Pending Grant Award Design/Construction
Pending Grant Award
41st Ave / Clares Street
Improvements
Stockton Bridge
Improvements
Construction Pending
Funding
Annual PMP Projects Annual Annual Annual Annual Annual Annual Annual Future Cliff Drive Resiliency
Phases
Transportation Planning, Program, and Project Timeline
Planning
Develops future
transportation projects
and priorities
Programs
Addresses ongoing
transportation needs
through established
programs
Current Projects
Transportation projects
currently under
development or
implementation
Future Projects
Planned improvements
that may advance as
funding and priorities
allow
Implementation Pending Funding
Implementation Projects Pending Funding
Construction Pending Funding
NOTE: This timeline is intended to illustrate the anticipated sequencing and coordination of transportation initiatives. Actual schedules may change based on funding availability, grant awards, environmental review, permitting, infrastructure conditions, and City Council direction.

Project Development Pending Funding Implementation Opportunities Pending Funding Implementation Pending Funding
Ongoing
Environmental/ Final Design Pending Funding
Construction Pending Grant Award
244
Item 9 E.

Agency Project Reference Prior FYs FY26-27 FY27-28 FY28-29 FY29-30 FY30-31 FY31-32+ City of Capitola Stockton Avenue Bridge Project Capitola Project Page City of Capitola Cliff Drive Resiliency Project Capitola Project Page City of Santa Cruz Murray Street Bridge City of Santa Cruz Project Page County of Santa Cruz Soquel Drive Multimodal County Project Page County of Santa Cruz
Robertson/Soquel Intersection
(Schedule TBD)
County Project Page
METRO METRO Rapid Corridors METRO Project Page
RTC/Caltrans
Highway 1 Bay/Porter Auxiliary
Lanes
RTC Project Page
RTC/County
Coastal Rail Trail Segments 10 &
11 County CDI Project Page
Santa Cruz County Sanitation
District
Capitola Village Sewer Rehab –
Phase 1
SCCSD CIP (2026)
Santa Cruz County Sanitation
District
Bay Avenue Sewer Upgrade SCCSD CIP (2026)
Santa Cruz County Sanitation
District
Capitola Village Sewer Rehab –
Phase 2
SCCSD CIP (2026)
Soquel Creek Water District Park Avenue Water Main
Soquel Creek Water District 2026/27
Budget
NOTE: Schedules are based on publicly available information and are subject to change as projects advance through design, funding, permitting, and construction.

Regional Capital Projects – Anticipated Construction
245
Item 9 E.

Transportation Project
Coordination & Phasing
Overview
City Council
July 23, 2026
246
Item 9 E.

Future Projects Advance as funding becomes available
Stockton Bridge 41st/Clares Future Cliff Drive
phases
Current Projects Implement improvements
41st Avenue Bay Avenue Reposa Avenue Cliff Drive
Phase 1
Programs Establish priorities
PMP LRSP ADA Transition
Plan
Sidewalk
Infill
Planning Identifies future needs
Active
Transportation Plan
Stockton Bridge
Evaluation Trestle Feasibility
How Transportation Projects Advance
247
Item 9 E.

RELATIONSHIP STRENGTH
● Directly
informs or
drives
○ Supports or
contributes to
◐ Indirectly
supports
— No direct
connection
248
Item 9 E.
41st Avenue
Corridor
Study
Evaluates
…opportuniti
es along the
corridor.

Planning
Active Transportation Plan
(ATP) ○
41st Avenue Corridor Study
Stockton Bridge Alternatives
Evaluation —
Trestle Feasibility Study —
Programs
ADA Transition Plan ○
Pavement Management
Program (PMP) ○
Local Road Safety Plan
(LRSP) ○
Sidewalk Infill Program ○
Multi-Jurisdictional Hazard
Mitigation Plan (MJHMP) ◐

RELATIONSHIP STRENGTH
● Directly
informs or
drives
○ Supports
or
contributes
to
◐
Indirectly
supports
— No direct
connection
249
Item 9 E.
41st Avenue
Corridor
Study
Evaluates
...opportuniti
es along the
corridor.

Current Projects
41st Avenue Multimodal
Improvements ○
Bay Avenue Safety
Improvements —
Reposa Avenue
Rehabilitation —
Cliff Drive Resiliency Project
– Phase 1 —
SS4A Implementation
Projects (if awarded) ○
Future Projects
41st Ave / Clares Street
Improvements ●
Stockton Bridge
Improvements —
Annual PMP Projects ◐
Future Cliff Drive Resiliency
Phases —

RELATIONSHIP STRENGTH
● Directly
informs or
drives
○ Supports
or
contributes
to
◐
Indirectly
supports
— No direct
connection
250
Item 9 E.

Transportation Timeline
Multiple projects advance
simultaneously
Planning, design, funding, and
construction often overlap
Grant funding and permitting influence
project schedules
Timeline illustrates anticipated
sequencing
251
Item 9 E.
252
Item 9 E.

Category Project/Initiative FY26-27
Planning
Develops future
transportation projects and
priorities
Active Transportation Plan
(ATP) Development
41st Avenue Corridor Study Complete Study
Stockton Bridge Alternatives
Evaluation Study
Trestle Feasibility Study Study
Programs
Addresses ongoing
transportation needs through
established programs
ADA Transition Plan Ongoing
Pavement Management
Program (PMP)
Local Road Safety Plan
(LRSP)
Implementation Pending
Funding
Sidewalk Infill Program Implementation Pending
Funding
Multi-Jurisdictional Hazard
Mitigation Plan (MJHMP)
253
Item 9 E.

Category Project/Initiative FY26-27
Current Projects
Transportation projects
currently under development
or implementation
41st Avenue Multimodal
Improvements Construction
Bay Avenue Safety
Improvements Scoping/Funding
Reposa Avenue
Rehabilitation Construction
Cliff Drive Resiliency Project
– Phase 1 Design/Permitting
SS4A Implementation
Projects (if awarded)
Scoping Pending Grant
Award
Future Projects
Planned improvements that
may advance as funding and
priorities allow
41st Ave / Clares Street
Improvements
Project Development
Pending Funding
Stockton Bridge
Improvements
Annual PMP Projects Annual
Future Cliff Drive Resiliency
Phases 254
Item 9 E.

Regional
Project
Coordination • Coordinate with
partner agencies
and utility
providers
• Minimize
overlapping
construction
impacts where
feasible
• Project
schedules remain
subject to
funding,
permitting, and
agency
255
Item 9 E.
256
Item 9 E.

Agency Project Reference FY26-27
City of Capitola
Stockton Avenue
Bridge Project Capitola Project Page
Cliff Drive Resiliency
Project Capitola Project Page
City of Santa Cruz Murray Street Bridge City of Santa Cruz Project Page
County of Santa Cruz
Soquel Drive
Multimodal County Project Page
Robertson/Soquel
Intersection (Schedule
TBD)
County Project Page
METRO METRO Rapid
Corridors METRO Project Page
RTC/Caltrans Highway 1 Bay/Porter
Auxiliary Lanes RTC Project Page
RTC/County Coastal Rail Trail
Segments 10 & 11
County CDI Project
Page
Santa Cruz County
Sanitation District
Capitola Village Sewer
Rehab – Phase 1 SCCSD CIP (2026)
Bay Avenue Sewer
Upgrade SCCSD CIP (2026)
Capitola Village Sewer
Rehab – Phase 2 SCCSD CIP (2026)
Soquel Creek Water
District
Park Avenue Water
Main
Soquel Creek Water
District 2026/27 Budget
257
Item 9 E.

Capitola City CouncilJuly 23, 2026

Capitola City Council
July 23, 2026